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Terms and Conditions of Access, Use and Membership
Before YOU are authorized to visit or access materials provided at the cavaliermagazineonline website (referred to herein as "Service" or "website"), YOU are required to read and accept the following Terms and Conditions of Access, Use and Membership (the "Agreement"). PLEASE TAKE CARE TO CAREFULLY READ AND UNDERSTAND EACH AND EVERY PROVISION CONTAINED IN THIS AGREEMENT PRIOR TO DETERMINING WHETHER YOU AGREE TO PROCEED INTO THIS WEBSITE.
1. Binding Agreement. This Agreement is made and entered into by and between YOU, a person desiring to access and make personal use of the materials appearing in the website ("YOU"), and cavaliermagazineonline website ("COMPANY"). For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by YOU and COMPANY, and by further accessing or otherwise taking advantage of the services and materials provided by "Service", YOU agree to be bound by all the terms and conditions set forth herein. Subject to the provisions set forth in this Agreement, COMPANY grants YOU a non-exclusive, but wholly revocable license, to access to the web site. This Agreement is subject to change by COMPANY without notice and at any time, and changes will be posted here as needed.
2. Local Laws. ALL TEXT, IMAGES, GRAPHICS, MESSAGES AND COMMUNICATIONS, FOUND IN "SERVICE" (COLLECTIVELY REFERRED TO HEREIN AS "CONTENT") ARE ONLY AUTHORIZED FOR DISTRIBUTION EXCLUSIVELY TO PERSONS OVER THE AGE OF MAJORITY (EIGHTEEN (18) YEARS OF AGE IN MOST JURISDICTIONS, BUT 21 YEARS OF AGE IN AL, MS, NE, NY ALL OTHER JURISDICTIONS WHERE 21 IS THE AGE OF MAJORITY) WHO ACCESS THE WEBSITE 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 THE UNITED STATES OR ANY OTHER COUNTRY. NO PERSON WHO IS UNDER THE AGE OF EIGHTEEN (18) YEARS (OR 21, WHERE APPROPRIATE) MAY DIRECTLY OR INDIRECTLY VIEW, DOWNLOAD OR POSSESS ANY OF THE CONTENTS OF "SERVICE". YOU are responsible for knowing and understanding the standard of decency and other laws ad regulations in place in YOUR community concerning adult-oriented content, and COMPANY in no way represents or warrants that the content contained in "SERVICE" is compliant with YOUR local laws.
3. Sexual Content. THIS WEBSITE CONTAINS GRAPHIC DEPICTIONS OF NUDITY AND SEXUAL CONDUCT. YOU HEREBY ACKNOWLEDGE AND AGREE THAT CONTENT CONTAINED IN "SERVICE" REFLECTS EXPLICIT DEPICTIONS OF NUDITY AND HETEROSEXUAL, BI-SEXUAL, HOMOSEXUAL, AND TRANSEXUAL SITUATIONS OF A SEXUAL NATURE, THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND, AND THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS. IF YOU ARE, OR MAY BE, SO OFFENDED, YOU ARE STRONGLY ADVISED TO REFRAIN FROM ACCESSING THE WEBSITE.
4. Restrictions on Use of Content. All content, including images, text, graphics, video and audio content (the "Content") contained in "Service" is protected under the laws of copyright, owned or under license to COMPANY or its designees, and represents proprietary and valuable intellectual property. YOU cannot, under any circumstances, access, view, download, receive and make use of said Content except as specifically and in writing authorized by COMPANY. Upon becoming a subscriber member of the website, the COMPANY grants YOU a limited, non-exclusive, non-transferable, revocable license to access and view the graphics files, audio files, video files, text, hyperlinks, interlinks, search engines and other software associated with authorized subscriber member use of the Content. YOU agree that YOU 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. YOU hereby acknowledge and agree that no materials from any parts of "Service" 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 designated as PROHIBITED AREAS below. YOU agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of materials from "Service" , in which YOU 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 "Service" and potentially other's intellectual property rights and other rights in such materials and shall further constitute a violation of COMPANY's trademark and other rights, including, but not limited to, rights of privacy.
PROHIBITED ACCESS AREAS
All of the following areas constitute PROHIBITED AREAS from which no part of "Service" may be accessed, viewed, downloaded or otherwise received:
A. All parts of the following countries: Afghanistan, Kuwait, Iran, Iraq, Japan, Jordan, Libya, Pakistan, The Republic of China, Singapore, Saudi Arabia, Syria, The United Arab Emirates; and
B. All parts of every other geophysical place corresponding to a political entity or part thereof in which the access, viewing, downloading or other use of materials at "Service" would, or could reasonably, constitute a violation of any law, regulation, rule or custom. 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 "Restricted Areas." As used herein, "Restricted Areas" means the following geographical areas: 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.
5. Regular Member Subscriptions.
You hereby further authorize ccbill.com, or COMPANY's other authorized agent, to charge your credit card (or other approved facility) for any and all purchases of products, services and entertainment made by you through the Service. You agree not to report as lost or stolen any credit card which you have used in conjunction with payment to ccbill.com or to the COMPANY for goods or services which you do not have good reason to believe is, in fact, lost or stolen. You further agree not to report as unauthorized any charge for goods or services (including subscriptions) which you have, in fact, ordered from the COMPANY. You hereby agree that any such false reporting of a lost or stolen credit card or of unauthorized charges shall render you liable to COMPANY for liquidated damages in the amount 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. Upon request, Subscribers will be given access to billing records that support charges for use of the Service.
6. ID and Password. Upon becoming a member of "Service", COMPANY's authorized agent (cc processor) will provide YOU with a unique ID and password which allows access to the website. The ID and password are, and shall remain, the sole and exclusive property of ccbill.com, and are issued to YOU in the form of a revocable license. The ID and password are confidential and proprietary material of ccbill.com. YOU have a strict obligation to keep the ID and password confidential. Should the confidentiality of either YOUR ID or password, or if either becomes, or YOU have reason to believe that either may have become, compromised or learned by a person other than YOU, YOU must immediately so inform COMPANY and ccbill.com via e-mail. Remember YOUR ID and password, because COMPANY cannot, and ccbill.com will not release that information to anyone, including YOU, for any reason.
7. Accurate Credit Card Information. If the address or any other information pertaining to YOUR credit card is changed for any reason, including changes in the home or billing address, changes in the card expiration date, or if YOUR credit card is lost or stolen, YOU must immediately inform ccbill.com and COMPANY via e-mail. YOUR failure to do so is a material breach of this Agreement, and, in the event of YOUR failure to so notify ccbill.com and COMPANY, ccbill.com and COMPANY disclaim any and all responsibility for charges posted to a lost or stolen credit card.
8. Security Breach. YOUR subscription cannot be assigned or transferred to any other person or entity. YOU must promptly inform ccbill.com and COMPANY of any apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until ccbill.com and COMPANY are notified, by conventional mail, electronic mail to ccbill.com or approved billing agent and COMPANY Customer Support or by email to firstname.lastname@example.org of a breach in YOUR account's security, YOU will remain liable for any unauthorized use of the Service.
9. No Fraud Concerning Payment. Payment for the services provided to you at and/or through "Service" may be made by automatic credit card or debit card debit and you hereby authorize ccbill.com (or COMPANY's other authorized billing agent) 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 "Service", or as unauthorized any charge by "Service" , 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 "Service", or any fraudulent reporting of an unauthorized charge to "Service" 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 "Service" remains outstanding at the time of such fraudulent reporting, you shall be liable to "Service" 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.
10. Indemnification. YOU agree to indemnify and hold harmless COMPANY from and against any claims, losses, liabilities, actions, suits or other expenses (including reasonable attorney's fees) arising out of a breach by YOU of any of YOUR covenants, representations or warranties contained herein. YOUR representations and warranties include:
11. No Warranties. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. COMPANY GRANTS NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OTHER THAN THOSE WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY, ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS PARAGRAPH. COMPANY IS NOT RESPONSIBLE TO YOU FOR ANY DELAY IN TRANSMISSION OF CONTENT OR WEBSITE DOWNTIME. YOU are responsible for having and maintaining the personal computer equipment and Internet access necessary to make use of the Service.
12. Limitation of Liability. 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 OT USE, THE SERVICE OR THE CONTENTS THEREOF, EVEN IF COMPANY WAS PEVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY OTHER CLAIM BY YOU OR BY ANY OTHER PERSON. 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 the website.
13. Termination of Membership. The Service may be terminated by COMPANY 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 "Service". YOU shall remain liable for such charges after termination of YOUR access rights to "Service" for any reason. YOU may terminate YOUR Subscription to the Service at any time, and without cause, 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 "Service" until the COMPANY receives proper notice of your cancellation and cancellation will be effective at the end of the then current month of your membership. Your liability for such charges shall continue after termination of your membership for any reason.
14. Advertising Messages. COMPANY does not screen or endorse advertisements or communications submitted to it by third-party licensees, advertisers, or visitors for electronic dissemination through "Service". YOU are advised to use YOUR own judgment to evaluate all advertisements and other communications available at or through the use of "Service" prior to purchasing goods and/or services described therein or otherwise responding to any communication at "Service".
15. Subscriber Communications. 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 "Service" 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 "Service" . You are solely responsible for all information which you submit, publish, display, disseminate or otherwise communicate through "Service" 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 "Service" 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 TeenCummers can be read by the operators and/or other agents of COMPANY, whether or not they are the intended recipient(s).
16. Notices. Notices from "Service" to Subscribers may be given by means of e-mail, by general posting on "Service", 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 "Service" may be sent in the following manner: by means of electronic mail through our (CUSTOMER SERVICE).
17. No Affiliation. "Service" is not affiliated with any COMPANY or organization other than as set forth above. No inference of association or affiliation with, or endorsement by any COMPANY or organization is intended or should be inferred.
18. Although some nude images may appear on the front page of this website, please note that member-uploaded nude images will not be published to the site. Any nude images uploaded will not be approved by our support staff and added to the site. Please see our 2257 for information about any nude images that may appear on the tour.
19. Entire Agreement. This Agreement contains the entire agreement between the Subscriber and COMPANY regarding Subscribers' use of the Service, Content 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 Florida. 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 survive its termination. Any action arising under this Agreement shall be brought in the federal or state courts for Pinellas County, Florida, and YOU expressly agree to the jurisdiction and venue of such courts.
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 "SERVICE" . BY SELECTING THE "SUBSCRIBE" BUTTON YOU INDICATE THAT YOU HAVE READ THIS 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 (21 in some areas) AND UNDERSTAND THAT MATERIALS PRESENTED AT "SERVICE" 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, YOU SHOULD NOT JOIN.
What Information About Subscribers is Collected?
When any adult consumer signs-on as a member or subscriber of this Site that consumer will be required to provide certain personal as well as demographic information which may include, but is not necessarily limited to, the subscriber's name, address, birthday, e-mail address, gender, marital status, occupation, education username and password, and special interests or affiliations. This Site collects any and all such information and includes it in its customer database.
If the Site features or conducts any special events, special promotions or offers, contests or polls, a subscriber of the Site may be asked to provide information in order to participate, if the subscriber voluntarily provides that information, all such information may be collected by the Site and included in its customer database.
When a subscriber of this Site requests web pages from the Site's server or clicks on banners or other hypertext links, the Site will automatically collect some information or data about the subscriber, including the subscriber's IP address, the information that is collected may also indicate any special preferences or requests of the subscriber; all that information and data will be collected by the Site and included in its customer database.
If a subscriber sends any personal communication or correspondence, by any means, to the Site, or any of its employees, agents or representatives, the Site may collect any information regarding that communication and include that information in its customer database.
You may obtain further information about "cookies" and how they function at: http://www.cookiecentral.com/.
Use of Personal Subscriber Information.
The subscriber expressly agrees that the Site may use any personal information that has been provided by the subscriber or that has been collected by the Site about the subscriber for any purpose, including without limitation, technical, administration, research and development, customer administration, marketing, age verification, promotional and advertising use by the Site or third parties authorized to use the information by the Site. We do not rent, sell, or share your email address with outside parties.
By the subscriber's use of the Site, the subscriber expressly agrees that the Site may use any of the personal information about subscribers that it has gathered or collected to provide them with offers to other sites or products that may or may not be of interest.
Please note that personal information about a subscriber may be collected by a third-party web service provider that has an advertising banner or link on the Site.
The Site is not responsible or liable for the use of any information that a subscriber may provide, or that is gathered by third-party web sites that have banner ads or links on the Site. This Site does not control, monitor or endorse the information gathering practices or Privacy Policies of any of those third-party web sites.
Security of Personal Information Collected by the Site.
Consistent with the Policies set forth in this Privacy Statement, the Site has adopted and implemented reasonable and technologically feasible procedures for maintaining the security, accuracy and integrity of all personal information relating to subscribers that is collected by the Site.
All subscribers should consider any information provided to or collected by the Site as non-confidential, and consequently the Site assumes no liability or responsibility if any information relating to any subscriber is intercepted and/or used by an unintended recipient.
"OPT-IN" and "OPT-OUT" Provisions.
There may be occasions when a subscriber will be presented with special offers either from the operators of the Site or from third-party service or content providers, which may include consent to receive e-mail solicitations, communications, newsletters, commercial advertising, or other promotional or special event materials (collectively referred to as "Offers").
" OPT-IN" -- Some Offers may be presented to the subscriber with the option to express the subscriber's preference by either clicking or entering "accept" (alternatively "yes") or "decline" (alternatively "no"). By selecting or clicking the "accept" or "yes" the subscriber indicates that the subscriber "OPTS-IN" to that Offer and thereby agrees and assents that the subscriber's personal information and data may be disclosed to third-parties.
" OPT-OUT" -- Other Offers may be presented with a pre-selected preference or choice. If the subscriber does not deselect the pre-selected preference of choice (i.e. "OPT-OUT" of the Offer) then the Site may transfer the subscriber's personal profile information to the third-party service or content provider making the Offer. If the subscriber deselects the pre-selected preference then no personal information about the subscriber may be disclosed to any third-party service or content provider.
"OPT-OUT" Revocation Procedure.
The Site also offers all subscribers a procedure for "Opting-Out" if the subscriber subsequently chooses to revoke any consent to receive Offers.
Terms and Conditions of Membership.
Each subscriber should carefully read each of the terms and conditions of Membership of this Site. By accepting membership to this Site you are unconditionally accepting all of those terms and conditions. Some of those terms and conditions may also affect the right of this Site to use information that it has gathered from subscribers.
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