The parties to this Membership Agreement (the "Agreement") are the Site Operator ("Site Operator" or "we" or "us" or "our" ) and the Site Member, "Member," "you," or "your."
1. You are entering into this Agreement knowingly and voluntarily in order to obtain access to our Membership Website (the "Site"), that provides access to explicit adult entertainment. You agree to be bound by all of the Agreement's provisions, that we may amend from time to time, effective upon notice to you by e-mail, posting at or via hyperlink to this site, or by mail. In the event you object to any amendment, you may cancel the Agreement effective upon your receipt of the notice to which objection is taken, and you agree that this will be your sole remedy. You acknowledge that notice of all transactions chargeable under this Agreement will be provided through the email address you provide when you enroll as a Member. You agree that your receipt of notices via email at your stated email address will provide valid legal notice of all matters affecting your Membership account.
2. You warrant, represent, and affirm under penalty of perjury that you are of the age required to enter into contracts of this nature, which is 18 in United States of America and may be as old as twenty-one (21) in some jurisdictions. You acknowledge that sexually explicit materials are viewable on the Site, that you voluntarily and knowingly choose to view them, and that they do not offend you. Site Operator provides no assurances or warranties regarding the lawfulness of viewing materials viewable on the Site in your jurisdiction. You assume full responsibility for knowing and understanding your local obscenity laws.
3. You will pay a membership fee for Site access, in accordance with our then-current billing terms. Except as otherwise provided herein, membership fees are non-refundable. You agree to pay your Site membership fees by credit card or other approved method (your "Payment Method"), and authorize us to Payment Method for the ongoing subscription fee, and for all product and/or service purchases you make through the Site. You agree that you are not misrepresenting your identity in any regard, that you are lawfully permitted to use your Payment Method, and that you have provided accurate information regardin your identity and Payment Method ("Transaction Information").
4. Pricing Structure:
gash-gobblers.com is a fee based service. We charge a 30 day $38.98 membership subscription rates for access to premium areas. These surcharges are clearly disclosed prior to purchasing. CUSTOMER SHOULD PAY ATTENTION TO THE PRICE THAT APPEARS ON OUR JOIN FORM. DO NOT RELY ON THE REPRESENTATIONS OF OTHER WEBSITES, OR ANYONE OR ANYTHING ELSE OTHER THAN OUR ACTUAL PAYMENT PAGE!
5. Refund Policy: We will cancel subscriptions immediatley by request and refund the most recent month of charges. Click Here To Cancel
6. When you register, you will receive a unique ID and password with which to access the Site. This ID and password are the non-transferable property of Site Operator, and are licensed to you for the term of your paid membership. You agree to keep the user name and password you are issued strictly confidential. You agree to remember your password, and understand that Site Operator will not release passwords except as specifically required by law. Your access to the Site is limited to no more than 10 log-ins per 24 hour time-period.
7. You agree to immediately inform us of any of the following changes in your credit card account: Card loss or theft, or unauthorized usage of the card; apparent breach of security of Member's ID or password, such that unauthorized access to the Site via the card is possible. Unless you give us proper notice of any of the foregoing changes, you will remain liable to us for any and all charges for use of the Site.
8. You agree not to utilize the Site to submit, publish, or display any defamatory, racially offensive, inaccurate, abusive, threatening, or illegal statements. Transmission of such material, whether it is violative of United States of America, is strictly prohibited and is a breach of this Agreement.
9. The site and its contents are for the private, non-commercial enjoyment of our Members only. Any other use is strictly prohibited.
10. All material displayed on this site is copyrighted by us, or is licensed to us, and may not be copied or redistributed, in whole or in part, without our prior written consent.
11. WE MAKE NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO THE INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. MEMBER'S USE OF THE SERVICE IS AT THE MEMBER'S OWN RISK. NEITHER WE NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERYING THE SERVICE 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, WE MAKE 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.
12. Under no circumstances, including, but not limited to negligence, shall we or any of our 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 Site. You specifically acknowledge and agree that we are 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 the Member to us for the preceding month.
13. You agree to indemnify and hold us, our officers, directors, managers, members, agents and employees harmless against any claims, losses, liabilities or expenses (including reasonable attorneys' fees) arising out of your breach of any term, condition or promise contained herein. Should any such claim for indemnification arise, or should any action be brought by you or by us relating to any services or products offered through the Site, you agree to submit to the personal jurisdiction of the courts of the State of California.
14. We will provide you and all of our Members with any notice, required hereunder, by electronic messages through the Service, by a general posting on the Service, by e-mail, or by conventional mail. Notices by Members to us may be given by electronic messages or conventional mail, unless otherwise specified in the Agreement.
15. This Agreement sets forth the full and complete understanding between the Member and Site Operator 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 us to our Members. Unless contrary to United States of America law or otherwise stated, each provision of this Agreement shall survive termination.
16. The terms of this Agreement are severable, and should a provision or provisions hereof be determined unenforceable, they shall be severed from the whole, and the remainder of the Agreement enforced as written.
17. This Agreement shall be governed by, and construed in accordance with, the laws of the United States of America.