BEFORE you are authorized to visit or access
materials on the AdultsAllowed.com website, including
any independent webmaster sub-domains that are accessed
by you on the AdultsAllowed.com Adult Entertainment
Network (all of the aforementioned collectively referred
to as the "AEN"), you are required to read and
accept the following Terms and Conditions of Use (the
"Agreement"). Please take care to carefully read and
understand each and every provision contained in this
Agreement before determining whether you agree to
proceed:
- If
you do not agree to be bound by this
Agreement, you may not access, view or use
any part of the AEN, you must exit the AEN
immediately, and you may not print or
download any material from the AEN, whatsoever.
- By
accessing, viewing, using, printing, or downloading
any material from the AEN, or by becoming a member
of the AEN, you agree to be bound by this Agreement,
and may only use the AEN in accordance with this
Agreement, as follows:
IN
CONSIDERATION of the mutual promises set forth, the
receipt and sufficiency of which are hereby
acknowledged, the parties hereto make the following
representations to and agree with one another:
-
Parties & Agreement.
This Agreement is made and entered into by Euronet
Projects B.V.. ("Company"), which enables
your access to the AEN, and "you", being a
visitor to, member, or user of the AEN. Subject to
the provisions set forth in this Agreement, Company
grants you a non-exclusive, non-transferable, wholly
revocable license, to visit, join or use the AEN, as
applicable. This Agreement is subject to change by
Company without prior notice and at any time, and
changes are effective upon notice to you by posting
them
here.
Changes shall take effect at the time they are
posted and in the absence any affirmative act
manifesting your consent. The continuation of your
use of the AEN whatsoever, shall constitute
agreement and acquiescence to the whole Agreement as
then posted, including any Guidelines promulgated
under it, despite any change in or difference they
may contain from the terms of this Agreement, as
presently written, or from any Guidelines or terms
of use, as presently posted.
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Age of Majority – Adult Content. All text,
images, graphics, messages and communications,
whatsoever, found on the AEN (collectively referred
to as "Content") are authorized only for
distribution exclusively to persons over eighteen
(18) years of age who access the AEN in locations
where such Content does not infringe upon or violate
any local standard of decency or any federal, state
or local law or regulation of Canada, the United
States or any other country. No person who is under
the age of eighteen (18) years may directly or
indirectly view, download or possess any AEN
Content. You are responsible for knowing and
understanding the standards of decency and other
laws and regulations in place in your community
concerning adult-oriented Content, and Company in no
way represents or warrants that Content is compliant
with your local laws. You hereby acknowledge and
agree that Content on the AEN reflects explicit
depictions of nudity and situations of an explicit
sexual nature, that you are familiar with Content of
this kind, and that you are not offended by such
Content. If you are, or may be, so offended, you are
strongly advised to refrain from accessing the AEN.
-
Use of Content – Limitations. All Content
contained on the AEN is protected under the laws of
copyright, owned or under license to Company, AEN
webmasters or their designees, and represents
proprietary and valuable intellectual property. You
cannot, under any circumstances, access, view,
download, receive and make use of Content except as
specifically permitted by this Agreement. You shall
at no time access, view, download, receive or
otherwise use, or cause or enable any other person
or entity to access, view, download, receive or make
use of any portion of said Content, directly or
indirectly in places where Company does not
authorize such access, viewing, downloading, receipt
or other use, including but not limited to any
nation, state or province or portion thereof where
the access, viewing, downloading or any other use of
the Content would, or could reasonably, be a
violation of any civil or criminal law, governmental
regulation or court decision.
-
Membership. You may access the non-public
portions of the AEN only by being a member in good
standing of the AEN. You may become a member by
completing an online registration form, and paying
the applicable or stated fee. Upon submission of the
online registration form, Company and/or its
authorized agents will process the application and
supply you with a confidential ID and Password to
enter the non-public portion of the AEN. In
connection with completing the online registration
form, you agree to: (1) provide true, accurate,
current and complete information about yourself as
prompted by the registration form; and: (2) maintain
and promptly update the registration data to keep it
true, accurate, current and complete at all times
while you are a member. If you provide any
information that is untrue, inaccurate, not current
or incomplete, or Company or any of its authorized
agents have reasonable grounds to suspect that such
information is untrue, inaccurate, not current or
incomplete, Company has the right to refuse your
membership application, and/or to suspend or
terminate your account.
-
Membership Fees. Should
you access the AEN on the basis of a one month
membership, be advised that all one month
memberships will automatically become regular
monthly memberships at the end of the one month
membership period unless the user cancels their
membership by using our online tools or by emailing
support@allowednet.com
with their username and subscription ID number.
Subscriptions are recurring subscriptions meaning
that you will automatically be billed monthly until
you cancel your membership. Membership fees are
non-refundable and Company will pursue by collection
agencies any subscriber knowingly defrauding the
system by credit card chargebacks or refunds. All
membership cancellations require 48 hours
notification to fully process. If you believe that
you have been erroneously billed, you are required
immediately to notify Company of such error. If you
do not notify Company within thirty (30) days after
such billing error first appears on any account
statement rendered by your credit card issuer or by
Company (whichever is earlier), such fee will be
deemed acceptable by you for all purposes, including
resolution of inquiries made by your credit card
issuer. Company reserves the right to contract with
a third party to process all payments and to resolve
chargeback disputes. Your account will be deemed
past due if it is not paid in full by the payment
due date. If your account becomes past due, you
agree to pay interest on the past due amount at a
monthly rate of 1.5 percent (18 percent per annum),
plus any additional collection costs, credits,
charge backs and legal fees. Your card issuer
agreement may contain additional terms with respect
to your rights and liabilities as a card holder. You
are responsible for reimbursing Company for all
credit card charge backs, dishonored checks and
related charges.
-
ID & Password. Upon becoming a member of the
AEN, Company will provide you with a unique ID and
password which allows access to the entire AEN. The
ID and password are, and shall remain, the sole and
exclusive property of Company, and are issued to you
in the form of a revocable, confidential,
single-user, non-transferable license. You have a
strict obligation to keep the ID and password
confidential. You are not permitted to
re-distribute, share or trade your ID and password
with anyone. Should the confidentiality of either
your ID or password become, or you have reason to
believe that either may have become, compromised or
learned by a person other than you, you must
immediately inform Company via e-mail. You must
remember your ID and password, because Company will
not release that information to anyone, including
you, for any reason.
-
Duty to Report. If the address or any other
information pertaining to your credit card is
changed for any reason, or if your credit card is
lost or stolen, or if your ID or password may have
become compromised, you must immediately inform
Company via e-mail. Your failure to do so will be a
material breach of this Agreement. IN THE EVENT OF
YOUR FAILURE TO NOTIFY COMPANY OF A LOST OR STOLEN
CREDIT CARD, COMPANY DISCLAIMS ANY AND ALL
RESPONSIBILITY FOR CHARGES POSTED TO IT.
-
Termination. Access to the AEN may be terminated
by you at any time, with or without cause. In such
event, you agree to be personally liable for all
charges incurred by you during or through the use of
the AEN until the expiration of your subscription
period. You shall remain liable for such charges
after termination of your access rights to the AEN
for any reason. Your access to the AEN may also be
terminated by Company at any time, with or without
cause. In such event, you will be refunded any
unused portion of your membership fee.
-
Representations & Warranties: You represent and
warrant to Company and Company Group that:
-
you are aware that by the
use of an AEN membership ID and password, you
may encounter websites that include
objectionable materials not condoned by Company;
and in that case, you should contact Company
immediately at
support@allowednet.com
about them immediately;
-
you
acknowledge that Company provides access
verification services and the issuance of adult
access IDs and passwords, and that it does not
sponsor, promote, or endorse the distribution of
objectionable materials;
-
in
any event, it is lawful to receive and view said
objectionable materials in the jurisdiction in
which you reside, receive or view the said
materials;
-
you
will not use any of the materials that you view
or access on the AEN, in any manner that is
inconsistent with the intellectual property,
privacy and publicity rights of the lawful
holders of those rights; and
-
you
assume all risk and accept all responsibility
for any and all use of your AEN membership, for
access to any participating AEN websites, and
for the use of any materials or Content
(including programming, code, software,
encryption, data or other information
technology) obtained from any participating AEN
website.
-
Use of Information. Company will not disclose,
disseminate, sell, lease or transfer any private
information provided to it by a visitor, user or
member to any third parties, except in response to
legal process. Otherwise, all data, information,
compilations, statistical analyses, profiles,
membership history and transaction records are the
sole and absolute property of Company.
Notwithstanding the foregoing, Company may utilize
the outsourced services of trusted third parties to
conduct real-time transaction and credit card
screening and to participate in credit card
chargeback inquiries.
-
DISCLAIMER OF WARRANTY. COMPANY DOES NOT
GUARANTEE OR WARRANT THE COMPATIBILITY OF YOUR
EQUIPMENT, COMPUTER OR SOFTWARE, INCLUDING BUT NOT
LIMITED TO, THE TYPE OF COMPUTER, COMPUTER
CONFIGURATION, BROWSER SOFTWARE, OTHER SOFTWARE,
DIAL UP ACCOUNT, TCP/IP, WINSOCK OR ONLINE SERVICE.
COMPANY IS NOT RESPONSIBLE FOR ANY DELAY OR
INTERRUPTION IN SERVICE OR INABILITY OF YOU TO
ACCESS PARTICIPATING WEBSITES DUE TO TECHNICAL
DIFFICULTIES OR FAILURE OF THE INTERNET, WORLD WIDE
WEB, TELEPHONE LINES, SWITCHING OR ANY OTHER CAUSES
BEYOND ITS IMMEDIATE CONTROL. COMPANY GRANTS NO
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE OTHER THAN THOSE
WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION,
RESTRICTION OR MODIFICATION UNDER APPLICABLE
STATUTORY LAW. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY COMPANY OR ANY MEMBER OF COMPANY
GROUP SHALL CREATE A WARRANTY OR IN ANY WAY MODIFY
THE SCOPE OF THIS PARAGRAPH.
-
EXCLUSION OF LIABILITY. COMPANY IS NOT LIABLE
FOR DAMAGES WHATSOEVER RESULTING FROM DISSEMINATING,
FAILING TO DISSEMINATE, OR INCORRECTLY OR
INACCURATELY DISSEMINATING ANY MATERIALS, DATA,
ADVERTISEMENT OR OTHER COMMUNICATION AT OR THROUGH
THE AEN. IN NO EVENT SHALL COMPANY BE LIABLE TO YOU
OR ANY OTHER PERSON FOR LOSS OF BUSINESS OR PROFITS
OR FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO
USE, THE AEN OR THE CONTENTS THEREOF, EVEN IF
COMPANY WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES OR FOR ANY OTHER CLAIM BY YOU OR BY ANY
OTHER PERSON. YOUR SOLE AND EXCLUSIVE REMEDY IN THE
EVENT OF A BREACH OF THIS AGREEMENT BY COMPANY IS A
REFUND OF NO MORE THAN ONE MONTH'S MEMBERSHIP FEE.
-
Indemnity. You agree to indemnify and hold
harmless Company, and its owners, shareholders,
officers, directors, employees, contractors,
attorneys, and agents (collectively referred to as
the "Company Group") from and against any and
all liabilities, claims, damages and costs
(including attorney's fees, government fines or
forfeitures) arising in any way out of the
authorized or unauthorized use of your AEN
membership ID or password, the receipt, viewing,
transmission or retransmission, or use of any
Content by you or any unauthorized person using your
ID or password, and any breach or alleged breach by
you of any covenant, representation or warranty made
by you in this Agreement, including but not limited
to attempted or actual unauthorized downloading,
viewing, retransmission, duplication or other
unauthorized use of any Content, or any disruption
of the AEN caused directly or indirectly by you.
-
Controlling Law. This Agreement shall be
governed by and construed in accordance with the
laws of The Netherlands.
-
Integration. Each party to this Agreement
acknowledges that this Agreement constitutes the
entire agreement of the parties with regard to the
subject matters addressed in this Agreement, that
this Agreement supersedes all prior or
contemporaneous agreements, discussions, or
representations, whether oral or written, with
respect to the subject matter of this Agreement, and
that this Agreement cannot be modified except in a
posted writing as hereinabove expressly provided.
Each party to this Agreement further acknowledges
that no promises, representations, inducements,
agreements, or warranties, other than those set
forth herein, have been made to induce the execution
of this Agreement by said party, and each party
acknowledges that it has not executed this Agreement
in reliance on any promise, representation,
inducement, or warranty not contained herein.
Modifications of this Agreement (and of the
Guidelines it provides for) shall supersede all
prior Agreements and Guidelines, respectively, from
the time that each becomes effective.
-
Severability and Construction. 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, and all
other terms and conditions shall endure. Headings of
sections or paragraphs in this Agreement are
provided only for ease of reference and shall not be
construed as limiting or affecting the meaning of
any term contained in any paragraph of this
Agreement.
-
Relations Among the Parties. Nothing in this
Agreement shall constitute or be construed to
constitute or tending to create an agency,
partnership, joint venture, master-servant or
employer-employee relationship between Company or
any member of the Company Group and you, in any
respect, any other provision of this Agreement
notwithstanding.
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