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You must read and agree to these terms and conditions
before you can become an active member
of GayNakedGuys.com. Please read them carefully.
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1. For good and valuable consideration, the sufficiency of which is
acknowledged by you and the Company, you hereby agree to become a subscriber
to GayNakedGuys.com, 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 GayNakedGuys.com. Subject
to the terms and conditions set forth in this Agreement, the Company
agrees to provide to you all the privileges of subscription to GayNakedGuys.com
available to a Subscriber in good standing. This Agreement is subject
to change by Company at any time, and changes are effective upon notice
to the Subscriber by e-mail, posting at or via hyperlink to GayNakedGuys.com,
or by mail.
2. ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED
AT GayNakedGuys.com ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING
ADULTS IN LOCATIONS WHERE THE MATERIALS, MESSAGES AND OTHER COMMUNICATIONS
CONTAINED AT GayNakedGuys.com 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 GayNakedGuys.com
OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN GayNakedGuys.com.
YOU HEREBY ACKNOWLEDGE THAT MATERIALS PRESENTED AT AND/OR DOWNLOADABLE
FROM GayNakedGuys.com 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.
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. I acknowledge and agree that all materials contained at GayNakedGuys.com
are proprietary and constitute valuable intellectual property. I acknowledge
and agree that as such, I may only access, view, download, receive and
otherwise use the materials available at GayNakedGuys.com only as authorized
by the Company. I agree that I 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. I hereby acknowledge and agree that
no materials from any parts of GayNakedGuys.com are authorized, and
no materials are intended, by the Company 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. I agree
that any and all unauthorized access, viewing, downloading, receipt,
duplication or other use of materials from GayNakedGuys.com, in which
I 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 GayNakedGuys.com's and potentially other's intellectual property
rights and other rights in such materials and shall further constitute
a violation of GayNakedGuys.com's trademark and other rights, including,
but not limited to, rights of privacy.
4. I agree to be personally liable and fully indemnify GayNakedGuys.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 GayNakedGuys.com 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 GayNakedGuys.com
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 Subscriber:
a. Subscription Fees. The Subscriber is responsible for paying periodic
subscription fees according to the then-current billing terms. Subscription
fees are non-refundable; and you must be 18 years of age or older to
receive a membership to GayNakedGuys.com. For your convenience and satisfaction,
all memberships will automatically renew upon expiration unless your
subscription is cancelled 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 GayNakedGuys.com subscription rates. 3 Day Trial
Membership For $2.95, and if you choose to remain a member
beyond the trial period, your membership will renew at 29.95/month until
cancelled . All membership cancellations can take place by CLICKING
HERE.
b. Other fees and/or charges for goods and services ordered at, through
and/or from GayNakedGuys.com and its licensees.
6. Subscriptions may not be assigned or transferred to any other person
or entity. Subscriber must promptly inform Company of the following:
changes in the expiration date of any credit card used in connection
with GayNakedGuys.com; 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 Company is notified, by conventional
mail, web site form, or by telephone to GayNakedGuys.com's Customer
Service Department at (xxx) xxx-xxxx, during normal business hours of
a breach in security, the Subscriber will remain liable for any unauthorized
use of GayNakedGuys.com. Upon request, Subscribers will be given access
to billing records that support charges for use of the GayNakedGuys.com.
7. Payment for the services provided to you at and/or through GayNakedGuys.com
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 GayNakedGuys.com, or as unauthorized
any charge by GayNakedGuys.com, 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 GayNakedGuys.com or any fraudulent reporting of an unauthorized
charge to GayNakedGuys.com 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 GayNakedGuys.com
remains outstanding at the time of such fraudulent reporting, you shall
be liable to GayNakedGuys.com 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 GayNakedGuys.com 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 GayNakedGuys.com. Your liability for such charges shall continue
after termination of your membership for any reason.
9. Subscribers are responsible for providing all personal computer and
communications equipment necessary to gain access to GayNakedGuys.com.
Access to and use of GayNakedGuys.com is through the use of a password.
Each Subscriber must keep his password strictly confidential. For security
reasons, GayNakedGuys.com will not release passwords. Unauthorized access
to GayNakedGuys.com is a breach of this Agreement and a violation of
law.
10. Subject to the terms and conditions set forth herein, GayNakedGuys.com
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 GayNakedGuys.com 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 GayNakedGuys.com, 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.
11. Except for public domain material or material otherwise licensed
to Company for electronic dissemination, all Materials displayed at
or otherwise available through GayNakedGuys.com 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 GayNakedGuys.com, and all Materials and
other matter used directly or indirectly in, at, by, through and/or
with GayNakedGuys.com 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 GayNakedGuys.com 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.
12. 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 GayNakedGuys.com.
13. Company does not screen or endorse advertisements or communications
submitted to GayNakedGuys.com by third-party licensees, advertisers,
or subscribers for electronic dissemination through GayNakedGuys.com.
Subscribers are therefore advised to use their own judgment to evaluate
all advertisements and other communications available at or through
the use of GayNakedGuys.com prior to purchasing goods and/or services
described at GayNakedGuys.com or otherwise responding to any communication
at GayNakedGuys.com.
14. 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.
15. 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
GayNakedGuys.com.
16. No warranty is made by Company regarding any information, services,
Materials or products provided through or in connection with the GayNakedGuys.com,
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.
17. "GayNakedGuys.com" is a service mark of GayNakedGuys.com,
INCORPORATED. All rights are reserved.
18. All materials included at GayNakedGuys.com are for the private use
by Subscribers only. No other uses are intended by the Company and any
other use is strictly prohibited.
19. 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 GayNakedGuys.com 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 GayNakedGuys.com. You are solely responsible for all information
which you submit, publish, display, disseminate or otherwise communicate
through GayNakedGuys.com 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 GayNakedGuys.com 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 GayNakedGuys.com can be read by the operators and/or other
agents of Company, whether or not they are the intended recipient(s).
20. Notices from GayNakedGuys.com to Subscribers may be given by means
of e-mail, by general posting on GayNakedGuys.com, 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 GayNakedGuys.com may be sent in the following manner:
21. This Agreement contains the entire agreement between the Subscriber
and Company regarding Subscribers' use of GayNakedGuys.com, 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
surviveits 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 GayNakedGuys.com.
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 GayNakedGuys.com 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".
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