TERMS AND CONDITIONS OF
MEMBERSHIP
You must read and agree to these terms
and conditions before you can become an active member of Hardcore Honey.
- By subscribing to Hardcore Honey,
you become a Subscriber and agree to be bound by all the terms and conditions set forth in
this agreement (the "Agreement"). The parties to this Agreement are you, the
Subscriber, and HARDCORE HONEY ("Company"). This Agreement is subject to change
by Company at any time, and changes are effective upon notice to the Subscriber.
- You You must be 18 years of age
or older (21 in some areas) to recieve a membership. Membership dues are non-refundable.
Trial memberships will renew at a regular rate of $24.95 per 30 days at the end of 3 days
or 7 days, depending on which type of trial. All 30 or day memberships will automatically
be renewed at the normal rate of $24.95 or $59.95, respectively, unless the membership is
canceled at least 72 hours prior to renewal. Members may cancel themselves at any
time after the first 72 hours of membership by going here.
- ALL MATERIALS, INCLUDING
MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED AT HARDCORE HONEY ARE INTENDED FOR
DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE THE MATERIALS, MESSAGES
AND OTHER COMMUNICATION CONTAINED AT HARDCORE HONEY DO NOT VIOLATE ANY COMMUNITY STANDARDS
OR ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES OR ANY OTHER
COUNTRY. NO PERSONS UNDER THE AGE OF EIGHTEEN YEARS MAY DIRECTLY OR INDIRECTLY VIEW OR
POSSESS ANY OF THE CONTENTS OF HARDCORE HONEY OR PLACE ANY ORDERS FOR ANY GOODS OR
SERVICES ADVERTISED AT OR IN HARDCORE HONEY. YOU HEREBY ACKNOWLEDGE THAT MATERIALS
PRESENTED AT AND DOWNLOADABLE FROM HARDCORE HONEY INCLUDE VISUAL, AUDIO, AND/OR TEXTUAL
DEPICTIONS OF NUDITY AND HETEROSEXUAL, BI-SEXUAL, HOMOSEXUAL, AND TRANSEXUAL SEXUAL
SITUATIONS, 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.
- I agree that any and all
unauthorized downloading, receipt or duplication of materials from HARDCORE HONEY,
including, but not limited to downloading materials to Unauthorized Downloading Locations
shall constitute intentional infringement(s) of HARDCORE HONEY's intellectual property
rights and other rights in such materials and constitute a violation of HARDCORE HONEY's
personal rights, including, but not limited to rights of privacy.
- I agree to be personally liable
and fully indemnify Company for any and all damages directly, indirectly and/or
consequentially resulting from my attempted or actual unauthorized downloading or other
duplication of materials from HARDCORE HONEY, 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 HARDCORE HONEY
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).
- Some or all of the following fees
and charges may be incurred by the Subscriber:
a. Subscription Fees.
The Subscriber is responsible for paying periodic subscription fees according to the
then-current billing terms. Subscription fees are non-refundable; and
b. Full payments for all goods and
services ordered at, through and/or from Company and its licensees.
- Subscriptions may not be assigned
or transferred to any other person or entity. Subscriber must promptly inform Company of
the following: changes in the expiration date of any credit card used in connection with
the Service; changes in home or billing address; and apparent breaches of security, such
as loss, theft, or unauthorized disclosure or use of an ID or password. Until Company is
notified, by electronic mail at admin@hardcoreHONEY.com of a breach in security, the
Subscriber will remain liable for any unauthorized use of the Service. Upon request,
Subscribers will be given access to billing records that support charges for use of the
Service.
- Payment for the services provided
to you at and/or through HARDCORE HONEY may be made by automatic credit card or debit card
debit and you hereby authorize Company and its agents to transact such payments on your
behalf.
- Subscription to HARDCORE HONEY
may be terminated at any time, and without cause, by either Company or Subscriber (subject
to item 2.). You agree to be personally liable for all charges incurred by you during or
through the use of HARDCORE HONEY. Your liability for such charges shall continue after
termination of your membership for any reason.
- Subscribers are responsible for
providing all personal computer and communications equipment necessary to gain access to
the Service. Access to and use of the Service is through the use of a password. Each
Subscriber must keep his password strictly confidential. For security reasons, Company
will not release passwords. Unauthorized access to the Service is a breach of this
Agreement and a violation of law.
- Subject to the terms and
conditions set forth herein, Company hereby grants you a limited, non-exclusive and
non-transferrable license to use graphic files, audio files, video files, hyperlinks,
interlinks, search engines, and other software associated with Subscriber use of HARDCORE
HONEY which Company provides ("Software") during the period in which you are a
current Subscriber in good standing. You may use the Software: only in accordance with the
terms and conditions of your membership; only on one computer at a time and, if
downloadable copies of the Software are made available by Service, you may make a single
copy of the Software for archival purposes only, provided any copy must contain all of the
original Software's propriety notices. You may make no other use of the Software,
including, but not limited to: (1) permitting other individuals to directly or indirectly
use the Software; (2) modifying, translating, reverse engineering, decompiling,
disassembling the Software (except to the extent applicable laws specifically prohibit
such restriction); (3) making copies or creating derivative works based on the Software
except as provided herein; (4) renting, leasing, or transferring any rights in the
Software; (5) removing any proprietary notices or labels on the Software; or (6) making
any other use of the Software not expressly authorized herein or by prior express written
authorization from Company. This license does not grant you any rights to any Software
enhancements or updates of any kind.
- Except for public domain material
or material otherwise licensed to Company for electronic dissemination, all Software and
other materials displayed in HARDCORE HONEY are proprietary, and, except for initial
downloading, may not be copied, redistributed, or downloaded, in whole or in part, without
the prior written authorization of Company. All editions of HARDCORE HONEY, and all
Software and other materials used directly or indirectly in, at, by and/or with HARDCORE
HONEY are protected by the copyright laws of the United States, international copyright
treaties and other laws and regulations. All rights reserved. All intellectual property
and other rights in and to the Software and other materials at HARDCORE HONEY shall at all
times remain in Company, its parent(s), subsidiary(ies), licensee(s) and assign(s). All
intellectual property and other rights in and to any intellectual property content
accessed through the Software is the property of the applicable content owner, which may
be Company, its parent(s), subsidiary or subsidiaries, licensee(s) and assign(s), and may
be protected by applicable copyright and/or other laws. The limited and non-exclusive
license granted to you herein grants to you no rights to use such content except as set
forth herein. This license will immediately terminate automatically if you fail to comply
with the limitations described herein, breach any other provision of this Agreement,
cease, for any reason, to be a Subscriber in good standing, or are notified of its
termination by the Company or its authorized agent(s). You agree that upon such
termination, you will immediately destroy all copies of the Software in your possession.
- You agree that Software and all
other services provided to you by Company are provided on an "AS IS" basis,
without warranties of any kind, including without limitation the warranties of
merchantability, fitness for a particular purpose and non-infringement. The entire risk as
to the quality and performance of the Software and all services provided by Company is
borne by you. Should the Software or any other service provided by Company prove defective
and/or cause any damage to your computer, you and not Company, assume the entire cost and
all damages which may result from any and all such defects. This disclaimer of warranty
constitutes an essential part of the Agreement. Some states do not allow exclusions of an
implied warranty, so this disclaimer may not apply to you and you may have other legal
rights that vary from state to state or by jurisdiction. Under no circumstances and under
no cause of action or legal theory, shall Company, its suppliers, licensees, resellers, or
other subscribers, or their suppliers, licensees, resellers or subscribers be liable to
you or any other person for any indirect, special, incidental, or consequential damages of
any character including, without limitation, damages for loss goodwill, work stoppage,
computer failure or malfunction, or any and all other commercial damages resulting from
any use of Software or other use of HARDCORE HONEY.
- Company does not screen or
endorse advertisements or communications submitted to HARDCORE HONEY by third-party
licensees, advertisers, or subscribers for electronic dissemination through HARDCORE
HONEY. Subscribers are therefore advised to use their own judgment to evaluate all
advertisements and other communications available at or through the use of HARDCORE HONEY
prior to purchasing goods and/or services described at HARDCORE HONEY or otherwise
responding to any communication at HARDCORE HONEYs.
- Any liability of Company,
including without limitation 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 for
breach of contract, tortious behavior, negligence, or under any other cause or action,
shall be strictly limited to the amount of membership fee paid by or on behalf of the
subscriber to Company for the preceding month. Some states do not allow the limitation or
exclusion of liability for incidental or consequential damages, so the above limitation or
exclusion may not apply to you.
- Company is not liable for damages
resulting from disseminating, failing to disseminate, or incorrectly or inaccurately
disseminating any Software, data, advertisement or other communication at or through
HARDCORE HONEY.
- No warranty is made by Company
regarding any information, services, Software or products provided through or in
connection with the HARDCORE HONEY, and Company hereby expressly disclaims any and all
warranties, including without limitation: 1) any warranties as to the availability,
accuracy, or content of Software, information, products, or services; 2) any warranties of
merchantability or fitness for a particular purpose. Some states do not allow the
exclusion of implied warranties, so the above exclusion may not apply to you.
- "HARDCORE HONEY" is a
trademark of z-wEB and is used by Company under express authorization. All rights
reserved.
- All materials included at
HARDCORE HONEY are for the private use by Subscribers only. No other uses are intended by
the Company and any other use is strictly prohibited.
- If the Company provides 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 HARDCORE HONEY 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 HARDCORE HONEY. You are solely responsible for all
information which you submit, publish, display, disseminate or otherwise communicate
through HARDCORE HONEY 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 HARDCORE HONEY 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 HARDCORE HONEY can be read by the operators and/or other
agents of Company, whether or not they are the intended recipient(s).
- Notices from HARDCORE HONEY to
Subscribers may be given by means of electronic messages through HARDCORE HONEY, by a
general posting on HARDCORE HONEY, or by conventional mail. Communications from you to the
Company may be made by electronic messages or conventional mail, unless otherwise
specified in the Agreement.
- HARDCORE HONEY is not affiliated
with any company or organization other than z-WEB. No inference of association or
affiliation with, or endorsement by any company or organization is intended or should be
inferred.
- This Agreement contains the
entire agreement between the Subscriber and Company regarding Subscribers' use of HARDCORE
HONEY, Software and all materials directly and indirectly related thereto. This Agreement
supersedes all prior written and oral under- standings, writings, and representations and
may only be amended upon notice by Company. This Agreement shall be governed by and
construed under the laws of the State of California and the United States as applied to
agreements between California state residents entered into and to be performed within the
State of California, except as governed by Federal law. The application of the United
Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
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.
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