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TERMS AND CONDITIONS OF
MEMBERSHIP
You must read and agree to these terms and conditions before you
can become an active member of hairy.org. Please read them carefully.
- For good and valuable consideration, the sufficiency of which
is acknowledged by you and the Company, you hereby agree to become
a subscriber to hairy.org, 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 hairy.org.
Subject to the terms and conditions set forth in this Agreement,
the Company agrees to provide to you all the privileges of subscription
to hairy.org 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 hairy.org, or by mail.
- ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS,
CONTAINED AT HAIRY.ORG ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY
TO CONSENTING ADULTS IN LOCATIONS WHERE THE MATERIALS, MESSAGES
AND OTHER COMMUNICATIONS CONTAINED AT hairy.org 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 hairy.org OR PLACE ANY ORDERS FOR ANY GOODS
OR SERVICES ADVERTISED AT OR IN hairy.org. YOU HEREBY ACKNOWLEDGE
THAT MATERIALS PRESENTED AT AND/OR DOWNLOADABLE FROM hairy.org 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.
- I acknowledge and agree that all materials contained at
hairy.org 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
hairy.org 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
hairy.org 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 hairy.org, 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
hairy.org's and potentially other's intellectual property
rights and other rights in such materials and shall further constitute a
violation of hairy.org's trademark and other rights, including,
but not limited to, rights of privacy.
- I agree to be personally liable and fully indemnify
hairy.org for any and all damages directly, indirectly and/or
consequentially resulting from my attempted or actual unauthorized
downloading or other duplication of materials from hairy.org
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 hairy.org 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:
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 hairy.org.
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 hairy.org
subscription rates. All membership cancellations can take place
by visiting our MEMBER
SERVICES area.
b. Other fees and/or charges for goods and services ordered at,
through and/or from hairy.org and its licensees.
- 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 hairy.org; 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
hairy.org's Customer Service Department at (888) 467-4706,
during normal business hours of a breach in security, the Subscriber
will remain liable for any unauthorized use of hairy.org. Upon
request, Subscribers will be given access to billing records that
support charges for use of the hairy.org.
- Payment for the services provided to you at and/or through
hairy.org 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
hairy.org, or as unauthorized any charge by hairy.org,
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 hairy.org or
any fraudulent reporting of an unauthorized charge to hairy.org
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 hairy.org remains outstanding at the
time of such fraudulent reporting, you shall be liable to
hairy.org 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 hairy.org 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 hairy.org. 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 hairy.org.
Access to and use of hairy.org is through the use of a
password. Each Subscriber must keep his password strictly confidential.
For security reasons, hairy.org will not release passwords.
Unauthorized access to hairy.org is a breach of this Agreement
and a violation of law.
- Subject to the terms and conditions set forth herein,
hairy.org 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 hairy.org 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 hairy.org, 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 hairy.org 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 hairy.org, and all Materials and
other matter used directly or indirectly in, at, by, through and/or with
hairy.org 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 hairy.org 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 hairy.org.
- Company does not screen or endorse advertisements or communications
submitted to hairy.org by third-party licensees, advertisers,
or subscribers for electronic dissemination through hairy.org.
Subscribers are therefore advised to use their own judgment to evaluate
all advertisements and other communications available at or through the
use of hairy.org prior to purchasing goods and/or services
described at hairy.org or otherwise responding to any
communication at hairy.org.
- 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
hairy.org.
- No warranty is made by Company regarding any information, services,
Materials or products provided through or in connection with the
hairy.org, 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.
- "hairy.org" is a service mark of Digital arma LLC. All
rights are reserved.
- All materials included at hairy.org 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 hairy.org 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 hairy.org. You are solely responsible for
all information which you submit, publish, display, disseminate or
otherwise communicate through hairy.org 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 hairy.org 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
hairy.org can be read by the operators and/or other agents of
Company, whether or not they are the intended recipient(s).
- Notices from hairy.org to Subscribers may be given by means
of e-mail, by general posting on hairy.org, 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
hairy.org may be sent in the following manner:
a. by means of the web site form; or
b. by telephone to hairy.org's Customer Service Department
during normal business hours to 888-467-4706.
- This Agreement contains the entire agreement between the Subscriber
and Company regarding Subscribers' use of hairy.org, 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 hairy.org.
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 hairy.org 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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