18
U.S.C. 2257 and 28 C.F.R. 75 Compliance Notice.
All models,
actors, actresses and other person that appear in any visual depiction
of actual or simulated sexually explicit conduct appearing or otherwise
contained in this website were over the age of 18 years at the time
of the creation of such.
Untitled Document
|
D&H Enterprises.
Custodian of Records
111 Travelers Way North
St Petersburg, FL 33710 US |
Men
of Steel, Inc.
Custodian of Records
619 Yonge Street, Suite 204
Toronto, Canada M4Y 1Z5 |
|
Adult
Cash Partner
Terms and Conditions
Effective
Date: August 25,2003
Marossa © 2002 All Rights Reserved.
Last Modification: August
25,2003
By applying for a
RainbowPassport Membership ID, you agree to the following Terms and
Conditions. These Terms and Conditions will continue in effect throughout
your membership and after any termination, cancellation or expiration.
Read them carefully.
| 1. |
Applicant
represents and warrants that the Applicant is eighteen years of
age or older. |
| 2 |
Applicant
acknowledges and is aware that the use of the RainbowPassport
Membership ID will permit the Applicant to access website(s) which,
in the opinion of the website owner, may contain materials that
are not suitable for minors, including but not limited to sexually
explicit adult oriented materials, depictions and descriptions of
graphic violence, death, mutilation, nudity, simulated or actual
sexual acts, auto eroticism, homosexuality and hate speech (Collectively
referred to as "Materials"). |
| 3. |
Applicant
represents and warrants that, in the event Applicant accesses any
Materials, that it is lawful to receive and view said Materials
in the jurisdiction in which Applicant resides, receives or views
said Materials. |
| 4. |
Applicant
represents and warrants that, in the event Applicant accesses any
Materials, that Applicant will not use the Materials in any unlawful
manner, will not display or transmit the Materials to, or allow
access of the Materials by, minors, except where such display, transmission
or access is permitted by law by a parent or guardian. |
| 5. |
Except in
response to legal process, Marossa will not disclose, disseminate,
sell, lease or transfer any private information provided to it by
Applicant (or Member) to any third parties. Otherwise, all data,
information, compilations, statistical analyses, profiles, membership
history and transaction records are the sole and absolute property
of Marossa. |
| 6. |
Applicant
represents and warrants that, in the event Applicant accesses any
Materials, that Applicant will not use the Materials in any manner
inconsistent with the intellectual property rights of the owner
of the Materials. |
| 7. |
Applicant
acknowledges, represents and warrants that, acceptance of the benefits,
rights and privileges afforded to Applicant by the RainbowPassport
Membership are fair and adequate consideration to contractually
bind the Applicant to the Terms and Conditions herein set forth
and as may, from time to time, be amended. |
| 8. |
Applicant
acknowledges that Marossa relies on the representations and warranties
made by the Applicant in the Application and these Terms and Conditions.
Applicant represents and warrants that all information provided
in the Application is true and correct. |
| 9. |
Applicant
is applying for membership to RainbowPassport for the purpose
of accessing website(s) which may contain materials that are not
suitable for minors and which may contain, among other things, sexually
explicit, adult oriented materials. Applicant acknowledges and agrees
that Marossa does not make any warranties, representations or other
assurances whatsoever, express or implied, including any warranty
of merchantability or fitness for a particular purpose. |
| 10. |
Upon approval
of any Application, the Applicant becomes an RainbowPassport
member ("Member") and shall obtain an RainbowPassport Membership
ID which will, for the period of time for which the Applicant has
enrolled and for which Applicant has paid, enable the Member to
access the content inside. |
| 11. |
An Applicants
representations, warranties, acknowledgements and agreements, as
herein stated, shall continue in force throughout membership and
as such the term Applicant and Member shall apply interchangeably.
|
| 12. |
Member will
not publish, disclose, disseminate or otherwise permit any other
person to use his/her RainbowPassport Membership ID. |
| 13. |
Marossa does
not guarantee or warrant the compatibility of the Member's 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. Marossa is not
responsible for any interruption in service or inability of Member
to access participating website(s) due to technical difficulties
or failure of the internet, world wide web, phone lines, switching
or any other causes beyond its control. |
| 14. |
All membership
fees are non-refundable in the event that any valid membership is
cancelled by MArossa for violation of these Terms and Conditions
or by Member. If it is determined by Marossa , in its reasonable
discretion, that the membership was not validly obtained, then MArossa
will credit the credit card account improperly used for the charges
and will invalidate the Membership ID. |
| 15. |
MArossa reserves
the right to cancel any Membership for any reason, with or without
notice, if it determines, in its sole and absolute discretion that
Member has violated any of these Terms and Conditions. |
| 16. |
Member assumes
all risk and accepts all responsibility for any and all use of a
RainbowPassport Membership, for access to any participating
website(s) and for the use of any Materials or content (including
programming, code, software, encryption, data or other information
technology) obtained from any participating website. |
| 17. |
Member agrees
to indemnify and hold Marossa harmless from any liability, damages,
claims, actions or suits (including all costs and attorney's fees)
arising in any way out of the Member's use of a RainbowPassport
Membership ID, the receipt, viewing, transmission or retransmission,
or use of any Materials or content, or any violation of these Terms
and Conditions. |
| 18. |
Member acknowledges
and agrees that these Terms and Conditions may be changed, modified,
amended and/or supplemented by Marossa at any time, from time to
time, without notice. |
| 19. |
Member further
acknowledges and agrees that by applying for or accepting membership
to RainbowPassport that these Terms and Conditions shall be
construed under and pursuant to the laws of the Netherlands and
jurisdiction and venue for any action to enforce, interpret or otherwise
dealing with these Terms and Conditions, Marossa or any rights arising
herefrom, shall be in Rotterdam, the Netherlands. If any court of
competent jurisdiction determines that any part or parts of these
Terms and Conditions are invalid or void, then the remaining part
or parts shall remain in full force and effect. |
| 20. |
Member acknowledges,
represents and warrants that he/she has read these Terms and Conditions
and agrees to be bound by them as part of and in consideration of
the RainbowPassport membership. |
| 21. |
Adult Cash Partner
is a registered tradename and service mark of Marossa. All representations,
warranties and rights conferred hereunder shall inure to the benefit
of Marossa., its affiliates, successors and assigns. |
| 22. |
MEMBERSHIPS;
FEES; CANCELLATION. By accepting the membership to Website and/or
by accessing the content of Website you authorize the charges set
forth below and agree to the following terms and conditions: |
| • 22.1 |
You agree
that if you do not send the Company notice of cancellation of your
membership at least 48 Hours from the expiration of your membership
term, the company shall automatically and without further notice:
renew your membership for the period and price you selected. |
| • 22.2 |
Subscription
and Membership fees to Website are subject to change at any time
at the sole and absolute discretion of Company. |
| • 22.3 |
TO CANCEL
YOUR MONTHLY MEMBERSHIP YOU MUST NOTIFY THE COMPANY OF YOUR CANCELLATION
Thru the website cancellation form. AT LEAST 48 HOURS BEFORE THE
EXPIRATION DATE OF YOUR THEN CURRENT MEMBERSHIP TERM. |
| • 22.4 |
Memberships
will automatically renew upon the Terms and Conditions effective
as of the anniversary date of the renewal period, except that if
the Member has been a member for at least one membership period,
without termination or cancellation, then Member is entitled to
the automatic renewal at the same rate as his/her original membership.
If Member does not wish to renew membership for any successive period,
then Member must notify Adult Cash Partner within
48 hours prior to the recurring date of the membership. Member authorizes
Adult Cash Partner to charge any renewals to the
credit card account originally provided. |
| • 22.5 |
Member
agrees that all membership fees are NON-Refundable. |
| • 22.6 |
All cancellations
received by the Company will be effective upon receipt. |
| 23. |
Member agrees
and consents that they may receive certain communications from Adult
Cash Partner , such as service announcements, administrative
messages and advertisements. |
| 24. |
We do not
verify your age with your credit card as part of authorization process.
The use of a credit card or any other form of payment does not signify
that you or anyone else is at least eighteen years of age. RainbowPassport
provides restricted access. The service that we provide is for the
benefit of customers who have purchased an RainbowPassport
membership. |
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