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The
website you joined is an
online subscription service (the "Service") owned and
operated by Clever Innovations, LLC ("Clever Innovations"). Please carefully
read and understand these Terms and Conditions prior to becoming
a subscriber to the Service, as they constitute a binding legal
agreement (the "Agreement") by and between Clever Innovations
and persons who elect to become subscribers to the Service (the
"Subscribers"). This
Agreement contains the complete terms and conditions that apply
to your participation as a member of the website(s) owned and
operated by Clever Innovations. As used in this Agreement, you
or your means the subscriber/participating member.
THIS
IS A LEGAL AGREEMENT BETWEEN YOU AND Clever Innovations. BY BECOMING A SUBSCRIBER
TO ONE OF OUR WEBSITES YOU ARE AFFIRMATIVELY STATING THAT YOU
HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS SET FORTH HEREIN
AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT
AND YOU AGREE TO BE BOUND BY THE TERMS HEREOF. YOU CANNOT BECOME
A SUBSCRIBER OF ONE OF OUR WEBSITES UNLESS YOU HAVE ACCEPTED EACH
AND EVERY TERM HEREOF.
1.
ALL MATERIALS, INCLUDING GRAPHIC FILES, AUDIO FILES, VIDEO FILES,
TEXT, HYPERLINKS, INTERLINKS, MESSAGES, SEARCH ENGINES, AND OTHER
COMMUNICATIONS CONTAINED AT THE SITE (COLLECTIVELY "MATERIALS")
ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS
IN LOCATIONS WHERE SUCH MATERIALS DO NOT VIOLATE COMMUNITY STANDARDS
OR ANY APPLICABLE LOCAL, STATE OR NATIONAL LAW OR REGULATION.
THIS INCLUDES, IF APPLICABLE, THE LAWS AND REGULATIONS 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 THE SITE OR PLACE ANY ORDERS FOR ANY GOODS
OR SERVICES ADVERTISED AT OR IN THE SITE. YOU HEREBY ACKNOWLEDGE
THAT MATERIALS PRESENTED AT AND/OR DOWNLOADABLE FROM THE SITE
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.
2.
As a Subscriber to the Service, you agree to be bound by each
and every provision contained in this Agreement (the "Agreement").
This Agreement may be modified or amended by Clever Innovations at any time,
and changes are effective upon notice to each Subscriber. Notices
by Clever Innovations to Subscribers may be given via electronic messages
through the Service, a posting on the Service, or by mail.
3.
Subscribers to our website(s) will be charged a subscription fee
for the Service, in accordance with Clever Innovations's then-current billing
terms.
4.
Until such time as this Agreement is terminated in accordance
with its provisions, Subscriber agrees to pay his/her/its subscription
fee by credit card (or other approved facility or mechanism),
and hereby authorizes Clever Innovations to charge Subscriber's credit card
(or other approved facility or mechanism) for the ongoing subscription
fee, and for any and all purchases or products and/or services
purchased by Subscriber from the Service. Subscribers using our
ACH or Online check payment system also acknowledge that if payment
is returned unpaid for "NSF" or "Insufficient Funds",
the Customer is responsible for the unpaid transaction, plus a
"Returned Item Fee" of $25.00 or the Maximum allowed
by law will be electronically debited from the Customers bank
account.
5.
Subscriber agrees to immediately inform Clever Innovations of any of the
following changes in his/her/its credit card account: Card loss
or theft, or unauthorized usage of the card; apparent breach of
security of Subscriber ID or password, such that unauthorized
access to the Service via the card is possible. Unless Subscriber
gives proper notice to Clever Innovations of same, Subscriber will remain
liable to Clever Innovations for any and all charges for unauthorized use
of the Service.
6.
Subscriber's subscription to the Service will be automatically
renewed for the original term upon expiration of such term, unless
Clever Innovations is notified via our online Customer Service Area at XCustomerSupport.com
3 days prior to membership expiration. This is subject to one
exceptions: If the subscription is a Trial Membership, the 3 days
notice does not apply. Your membership will not be renewed if
subscriber cancels within the initial Trial period and can provide
proof of such cancellation via cancellation confirmation number.
Cancellation for Trial and full membership may ONLY be accomplished
via the online Clever Innovations Customer Service Website. You may access
this website by going to XCustomerSupport.com.
This service is available 24 hours a day, seven days a week. Upon
cancellation of your account, you will receive a Cancellation
Confirmation Number for your records. Upon "upgrading"
a Trial Subscription to a Full Membership, the subscriber acknowledges
that Clever Innovations will bill the subscriber for a full monthly membership,
and will thus continue as a full, reccurring Member. Trial fees
are nonrefundable.
7.
Trial Subscribers acknowledge that Trial subscriptions may not
necessarily entitle full, unrestricted access to the website.
Special Features, and Member's Events will be restricted to full
members only. Trial Subscribers can either "Upgrade"
their Memberships at anytime via the website or wait until the
account re-bills to a Full Monthly Membership. Each process will
grant full access. The "upgrade" process will immediately
enter the subscriber into a Full-Monthly billing cycle.
8.
Clever Innovations has no responsibility for supplying Subscribers with computer
equipment or communications connections necessary to access the
Service. Subscribers are solely responsible for these items.
9.
Upon becoming a Subscriber to the Service, Clever Innovations will provide
the Subscriber with a unique ID and password which allows access
to the Service. The ID and password is issued by Clever Innovations in the
form of a revocable license and remain the property of Clever Innovations
and constitute proprietary information and are the property of
Clever Innovations. IDs and passwords are non- transferable. Each Subscriber
must keep his password strictly confidential. Remember your password!
For security reasons, Clever Innovations will not release passwords for any
reason, except as may be specifically required by law or court
order. Transfer of any ID or password to another person or entity,
or allowing any person or entity other than the Subscriber to
access the Service via such Subscriber's ID and password is strictly
prohibited, and is a breach of this Agreement and a violation
of law. Each account (username) is limit to no more than 10 logins
a day over a 24 over hour period. The said period lasts from 12:00
midnight EST to 12:00 midnight EST
10.
Subscriber hereby swears and affirms under oath, warrants and
represents that he/she is at least eighteen (18) years of age
(21 in some jurisdictions) and has the legal capacity to enter
into agreements of this nature. Clever Innovations makes no representation
or warranty that the content published on the service complies
with the local laws of your jurisdiction. You are solely responsible
for knowing and understanding your local laws concerning standards
of content legality for purposes of obscenity laws. You further
represent and warrant that you understand the nature of the content
published on the service, namely, sexually explicit materials,
and that you voluntarily and knowingly choose to view such material,
and that such material does not offend or vex your sensibilities.
Should you be unable to affirmatively make the representations
and warranties contained herein, do NOT subscribe to this Service.
11.
Under no circumstances, including, but not limited to, negligence,
shall Clever Innovations or any of its related, affiliated companies be liable
for any direct, indirect, incidental, special, consequential or
punitive damages that result from the use of, or the inability
to use the Service. Subscriber specifically acknowledges and agrees
that Clever Innovations is not liable for any defamatory, offensive or illegal
conduct of any user, or for 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
under contract or tort theory, or under any other cause of action,
for any amount over and above the amount paid by Subscriber to
Clever Innovations for the preceding twelve (12) months.
12.
Clever Innovations MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE INFORMATION,
SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE
SERVICE. SUBSCRIBER'S USE OF THE SERVICE IS AT HIS/HER OWN RISK.
Clever Innovations, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING
THE SERVER OR CONTENT, IS LIABLE FOR ANY DIRECT INCIDENTAL, CONSEQUENTIAL,
INDIRECT, OR PUNITIVE DAMAGES ARISING FROM YOUR ACCESS TO, USE
OF, OR INTERPRETATION OF, THE SERVICE OR PRODUCTS OR SERVICES
OR INFORMATION PROVIDED BY OR THROUGH THE SERVICE. WITHOUT LIMITING
THE FOREGOING, Clever Innovations MAKES NO WARRANTY OF MERCHANTABILITY, FITNESS
FOR ANY PURPOSE, OR NON- RESULTS OF THE USE OF THE CONTENT IN
TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY
OR OTHERWISE.
13.
PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS
REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
14.
Subscriber agrees to indemnify and hold harmless Clever Innovations, their
officers, directors, managers, members, agents and employees from
any against any claims, losses, liabilities or expenses (including
reasonable attorneys' fees) arising out of Subscriber's breach
of any term, condition or promise contained herein. Should any
such claim for indemnification arise, or should any action be
brought by Subscriber or Clever Innovations relating to any services or products
offered by or through the Service, Subscriber agrees to submit
to the personal jurisdiction of the courts of the State of California.
Should any such claim for indemnification arise, or should any
action be brought by subscriber or Clever Innovations relating to any services
or products offered by or through the Service, except those claims
or actions relating to those products and services covered in
paragraphs (a), and (b) below, Subscriber agrees to submit to
the personal jurisdiction of the courts of the state of California.
(a) If a claim or cause of action arises due to the failure
by subscriber to pay for product or service or if a claim or cause
of action for insufficient funds or fees due as a result of insufficient
funds arises, Clever Innovations or the Clever Innovations agent(s), authorized to process
and/or collect funds or assignees or attorneys on behalf of Clever Innovations,
may at their option, bring said claim or cause of action in any
State or Federal Court sitting in California, and SUBSCRIBER AGREES
AND SUBMITS TO THE PERSONAL JURISDICTION OF THE SAID COURTS and
WAIVES TRIAL BY JURY.
(b) All claims or causes of action arising due to the failure
by subscriber to pay for product or services or any claim or cause
of action for insufficient funds or fees due as a result of insufficient
funds shall be GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA
and the SUBSCRIBER WAIVES PERSONAL SERVICE UPON THEM, and agrees
that SERVICE OF PROCESS regarding these claims or causes of action
shall be accomplished VIA CERTIFIED MAIL at the address designated
on this agreement or on the agreement with the Clever Innovations agent(s)
who is authorized to process payments and SHALL BE DEEMED PERSONAL
SERVICE.
15.
Except for public domain material and electronic messages, all
material displayed on the Service is copyrighted by Clever Innovations, or
is licensed under copyright by Clever Innovations, and may not be copied,
redistributed, or downloaded, in whole or in part, without the
prior written consent of Clever Innovations.
16.
The Service is for the private, non- commercial enjoyment of Subscribers
only. Any other use is prohibited.
17.
The Service 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.
18.
Subscribers agree not to engage in advertising to, or solicitation
of other Subscribers to buy or sell any products or services through
the Service without prior written consent. Subscribers are responsible
for information they send, or display through the Service even
if a claim should arise after termination of service.
19.
There are no facilities provided by the Service for sending or
receiving private or confidential electronic communications. All
messages shall be deemed to be readily accessible to the general
public. Do not use the Service for any communication for which
the sender intends only the sender and the intended recipient(s)
to read. Subscriber hereby acknowledges and agrees that all messages
entered into this Service can and may be read by the operators
of the Service, whether or not they are the intended recipient(s).
20.
Notices by Clever Innovations to Subscribers may be given by means of electronic
messages through the Service, by a general posting on the service,
or by conventional mail. Notices by Subscribers may be given by
electronic messages or conventional mail, unless otherwise specified
in the Agreement.
(a)
All questions, complaints, or notices to Clever Innovations by means of electronic
message must be directed to support
(b)
All questions regarding new Clever Innovations membership by means of electronic
message should be sent to support
21.
This Agreement sets forth the full and complete understanding
between Subscriber and Clever Innovations with respect to its subject matter,
and supersedes all prior understanding or agreements, whether
written or verbal. This Agreement may be modified upon notice
by Clever Innovations to its Subscribers. Unless contrary to law or otherwise
stated, each provision of this Agreement shall survive termination.
This Agreement shall be governed by, and construed in accordance
with, the laws of the State of California for contracts entered
into and wholly performed within that State. The prevailing party
in any suit to enforce the terms hereof shall be entitled to recover
his/her/its reasonable attorneys' fees.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND Clever Innovations. BY BECOMING
A SUBSCRIBER TO ONE OF OUR WEBSITES YOU ARE AFFIRMATIVELY STATING
THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS SET
FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE
OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS HEREOF.
YOU CANNOT BECOME A SUBSCRIBER OF ONE OF OUR WEBSITES UNLESS YOU
HAVE ACCEPTED EACH AND EVERY TERM HEREOF.
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