|
YOU AGREE TO BE BOUND BY THE
IntimateDVD.com TERMS AND CONDITIONS by using the IntimateDVD.com Web Site.
IntimateDVD.com logo and name are registered trademarks of CMB Inc. Designated
trademarks and brands are the property of their respective owners.
IntimateDVD.com is a world wide web site owned and operated by CMB Inc. For
purposes of this agreement, ("IntimateDVD.com") will include its
parent company ("CMB Inc."). By accessing any areas of
IntimateDVD.com, users ("Users") agree to be legally bound and to
abide by the terms and conditions set forth herein ( "Terms and
Conditions").
By electronically submitting an order via the IntimateDVD.com web site, User is
agreeing to be bound by all of IntimateDVD.com's then current terms and
conditions related to the purchase or rental of IntimateDVD.com products.
User's IntimateDVD.com order will not be confirmed or processed unless User
consents to be bound by the Terms and Conditions. The Terms and Conditions
shall be governed and interpreted by the laws of the State of Texas, without
regard to conflicts of law principles.
Restricted Rights Legend
Use, duplication or disclosure by the United States Government is subject to
the restrictions set forth in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19.
Access
User must be 18 years of age or older (21 in some areas) to receive a
membership and become a User.
User agrees to be personally liable and fully indemnify CMB Inc. for any and
all damages directly, indirectly and/or consequentially resulting from any
attempted or actual unauthorized downloading or other duplication of materials
from IntimateDVD.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 this adult service 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).
Disclaimers
IntimateDVD.com IS PROVIDING THIS SITE AND ITS CONTENTS "AS IS" AND
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR
ITS CONTENTS. IntimateDVD.com DISCLAIMS ALL SUCH REPRESENTATIONS AND
WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT. IN ADDITION, IntimateDVD.com DOES NOT
REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE,
COMPLETE OR CURRENT. Price and availability information is subject to change
without notice.
IN NO EVENT SHALL IntimateDVD.com BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE
POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF THIS INFORMATION. Because some States
do not allow the exclusion or limitation of liability for consequential or
incidental damages, in such states liability is limited to the fullest extent
permitted by law.
The material distributed through this website is of an adult nature and depicts
scenes of explicit sexual content not suitable for minors under the age of
eighteen (under 21 in some areas) or persons offended by graphic sexual
situations and content. By using the IntimateDVD.com service and website, you
agree that the viewing of the material provided through this website is for
your own personal use and that it will not be made available to any minors or
persons that may find the graphic content offensive. IN NO EVENT SHALL
IntimateDVD.com BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM THE
UNAUTHORIZED VIEWING OF THE MATERIAL PROVIDED THROUGH THIS WEBSITE. BY USING
THIS SERVICE, THE USER AGREES THAT THE MATERIAL WILL ONLY BE VIEWED BY
HIM/HERSELF. IntimateDVD.com ONLY AUTHORIZES THE REGISTERED USER TO WATCH THIS
MATERIAL. ANY NEGLIGENCE IN ALLOWING A MINOR OR EASILY OFFENDED PERSON WILL NOT
BE IMPUGNED TO IntimateDVD.com. Because some states do not allow the exclusion
or limitation of liability for consequential or incidental damages, in such
states liability is limited to the fullest extent permitted by law.
ALL PERFORMERS IN ALL OF THE DVDS DISTRIBUTED BY INTIMATEDVD
ARE 18 YEARS OF AGE OR OLDER. The records required by Section 2257
of Title 18, United States Code, with respect to all the DVDs found on
IntimateDVD.com and all graphical materials associated therewith, are
maintained by the respective Studios .
Proprietary Rights
User acknowledges that IntimateDVD.com contains information, data, software,
photographs, Graphs, digital videodiscs, videos, typefaces, graphics, music,
sounds and other material (Collectively "Content") that are protected
by copyrights, trademarks, trade secrets or other proprietary rights, and that
these rights are valid and protected in all forms, media and technologies
existing now or hereinafter developed. All Content is copyrighted as a
collective work under the U.S. Copyright laws and IntimateDVD.com owns a
copyright in the selection, coordination, arrangement and enhancement of such
Content. User may not modify, remove, delete, augment, add to, publish,
transmit, participate in the transfer or sale of, create derivative works from
or in any way exploit, any of the Content, in whole or in part. If no specific
restrictions are displayed, User may make copies of select portions of the
Content, provided that the copies are made only for User's personal use and
that User maintains any notices contained in the Content, such as all copyright
notices, trademark legends or other proprietary rights notices. Except as
provided in the preceding sentence or as permitted by the fair use privilege
under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), User may not
upload, post, reproduce, or distribute in any way Content protected by
copyright, or other proprietary right, without obtaining permission of the
owner of the copyright or other propriety right. In addition to the foregoing,
use of any software Content shall be governed by the software license agreement
accompanying such software.
Our web site contains robot exclusion files, and you agree that you will not
use any robot, spider, other automatic device, or manual process to monitor or
copy our web pages or the content contained herein without our prior expressed
written permission. You agree that you will not use any device, software, or
routine to interfere or attempt to interfere with the proper working of the
IntimateDVD.com site. You agree that you will not take any action that imposes
an unreasonable or disproportionately large load on our infrastructure. Much of
the information on our site is updated on a real-time basis and is proprietary
or is licensed to IntimateDVD.com by our users or third parties.
You agree that you will not copy, reproduce, alter, modify, create derivative
works, or publicly display any content (except for Your Information) from our
web site without the prior expressed written permission of IntimateDVD.com or
the appropriate third party.
Third Party Content
IntimateDVD.com is a distributor and not a publisher of Content supplied by
third parties and Users. IntimateDVD.com has no editorial control over such
Content. Any opinions, advice, statements, services, offers, or other
information that constitutes part of Content expressed or made available by
third parties, including third party content providers ("Providers"),
merchants ("Merchants"), sponsors ("Sponsors"), licensors,
("Licensors"), or any other User of IntimateDVD.com are those of the
respective authors or distributors and not of IntimateDVD.com, Inc. or its
affiliates, or any of their respective officers, directors, employees or
agents. Neither IntimateDVD.com, Inc. or its affiliates or any of their
respective officers, directors, employees or agents nor any third-party,
including any Provider, Merchant, Sponsor, Licensor or any other User of
IntimateDVD.com guarantees the accuracy, completeness, or usefulness of any
Content, nor its merchantability or fitness for any particular purpose. In many
instances, the Content available through IntimateDVD.com represents the
opinions and judgments of the respective Provider, Merchant, Sponsor, Licensor
or User not under contract with IntimateDVD.com. IntimateDVD.com neither
endorses nor is responsible for the accuracy or reliability of any opinion,
advice, or statement made on IntimateDVD.com by anyone other than authorized
IntimateDVD.com employees. Under no circumstances shall IntimateDVD.com or its
affiliates, or any of their respective officers, directors, employees or agents
be liable for any loss or damage caused by a User's reliance on information
obtained through IntimateDVD.com. It is the responsibility of User to evaluate
the information, opinion, advice, or other Content available through
IntimateDVD.com.
Export
The U.S. export control laws regulate the export and re-export of technology
originating in the United States. This includes the electronic transmission of
information and software to foreign countries and to certain foreign nationals.
User agrees to abide by these laws and their regulations - including but not
limited to the Export Administration Act and the Arms Export Control Act and
not to transfer, by electronic transmission or otherwise, any Content derived
from IntimateDVD.com to either a foreign national or a foreign destination in
violation of such laws.
IntimateDVD.com Online Rights
IntimateDVD.com may elect to electronically monitor the User and may disclose
any content, records or electronic communication of any kind (i) to satisfy any
law, regulation or government request, (ii) if such disclosure is necessary or
appropriate to operate IntimateDVD.com, or (iii) to protect the rights or
property of IntimateDVD.com, its Users, Sponsors, Providers, Licensors or
Merchants.
IntimateDVD.com is not responsible for screening, policing, editing, or
monitoring such Content. If notified of allegedly infringing, defamatory,
damaging, illegal or offensive Content, IntimateDVD.com may investigate the
allegation and determine in its sole discretion whether to remove or request
the removal of such Content from IntimateDVD.com.
IntimateDVD.com reserves the right to prohibit conduct, communication, or
Content which it deems in its sole discretion to be harmful to individual
Users, IntimateDVD.com, the communities, which make up IntimateDVD.com, or any
rights of IntimateDVD.com or any third party, or to violate any applicable law.
Notwithstanding the foregoing, neither IntimateDVD.com nor its Providers,
Merchants, Sponsors, or Licensors can ensure prompt editing or removal of
questionable Content after online posting. Accordingly, neither IntimateDVD.com
or its Affiliates, or any of their respective officers, directors, employees,
or Agents nor, Provider, Merchant, Sponsor or Licensor shall assume liability
for any action or inaction with respect to conduct, communication, or Content
on IntimateDVD.com.
Termination of Usage
IntimateDVD.com may terminate User access, or suspend any User's access to all
or part of IntimateDVD.com, without notice, for any conduct that
IntimateDVD.com, in its sole discretion, believes is in violation of any
applicable law or is harmful to the interests of another User, a third-party
Provider, a Merchant, a Sponsor, a Licensor, a service provider of
IntimateDVD.com.
Membership
Membership dues are non-refundable. Members may cancel themselves at any time
online by going to the cancellation page.
You may incur some or all of the following fees and charges: a. Subscription
Fees. You are responsible for paying periodic subscription fees according to
the then-current billing terms. Subscription fees are non-refundable. AUTOMATIC
RENEWAL - Subscription fees are automatically renewed, and therefore
automatically credit card or check debited, at the end of the original term
selected, for a like period of time, unless proper notice is received from the
Subscriber at least seven (7) days prior to renewal. b. Full payments for all
goods and services ordered at, through and/or from this adult service and its
licensees.
IntimateDVD.com Service Terms and Conditions
You must agree to these terms and conditions before you can become a member of
this site.
Access and Membership:
By subscribing to this adult service ("CMB Inc."), I
("Subscriber") agree to be bound by all the terms and conditions set
forth in this agreement (the "Agreement"). The parties to this
Agreement are myself (the Subscriber) and CMB Inc. This Agreement is subject to
change by CMB Inc. at any time, and changes are effective upon notice to the
Subscriber.
In order for me to become a member, I must be at least 18 years of age or older
(21 in some areas). I certify that I am 18/21 years of age or older (21 in some
areas) and are capable of lawfully entering into this agreement.
IntimateDVD.com reserves the right to reject submission deemed to be in
violation of these terms and conditions, or any incomplete or illegal
submission.
Processing and delivery times may in practice limit the number of movies
Subscriber can rent each month.
Billing
Subscriber will be billed a flat fee including taxes, if applicable, once a
month and Subscriber may cancel at any time. Subscriber's membership fees
includes ALL postage and handling charges. Any applicable sales tax will be
added to Subscriber's monthly membership fee.
Plans
Subcriber may change plans at any time. Upgrades in plans will only result in
billing the difference of the plans. Downgrades in plans will affect the next
billing cycle. No refunds for partial months of use will be credited. Future
billing cycles will be billed at the new rate.
Cancellations
Subscriber may cancel online anytime. Cancellations take effect immediately. No
refunds or credits will be given for partial months of use.
All rented movies must be returned to IntimateDVD.com within 1 week of
cancellation. After Cancellation any unreturned rentals will be subject to
standard IntimateDVD.com restocking fees based on the Manufacturer's Suggested
Retail Price for the disc.
Special Offers and Invitations
Invitations and special offers are available only for first-time
IntimateDVD.com customers, unless stated otherwise on the offer.
Each promotion code is limited to one per household and cannot be combined with
any other offer(s). Offers are valid only in the United States and its
Territories, are not transferable and are void where taxed or otherwise
prohibited by law. Once redeemed, all promotional offers are final and are not
eligible for refund or return.
Miscellaneous
Users may not use IntimateDVD.com to send unsolicited advertising,
promotional material, or other forms of solicitation to other Users except in
those specified areas that are designated for such a purpose.
It is a crime to use a false name or a known invalid credit card to order or to
cancel a credit card without returning the property of IntimateDVD.com. Anyone
caught willfully entering an erroneous or fictitious order will be prosecuted.
Each electronic entry carries the computer coding of the Internet provider
through which the individual User can be traced.
|
|
