A Non-nude Site - By Renown Photographer Ron Harris
TERMS AND CONDITIONS
Last Updated on February 27, 2013
By using or viewing the Site or the Service, you represent and warrant to us that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher (the "Age of Majority"), and are not prohibited by law from using the Site or Service. If you use of the Site or Service in violation of this section, you may be subject to legal action as a result. If you have minors in your household or who use your device(s), you can learn about commercially available internet monitoring and blocking programs at www.cybersitter.com, www.netnanny.com and from other companies, providers or entities. These companies are mentioned for informational purposes only and are not endorsed by Virtual Web Holdings Inc in anyway.
Sexually Explicit Content
The Site and Service contains sexually explicit pictures, videos or sounds. If you are offended, you do not wish to be exposed to this type of material, or if it is illegal to view sexually explicit content in your community, you must immediately exit the Site and discontinue use of the Service immediately.
Our service offers online services including the ability to view photos and watch exclusive videos.
Full Membership: Full Memberships are Recurring Monthly Subscriptions meaning that you will automatically be billed at the Full Membership rate presented and disclosed during the signup process until you cancel your membership. There is also a longer membership length non-recurring option available. Full Memberships provide UNLIMITED ACCESS to website functionality as disclosed during the signup process. Virtual Web Holdings Inc employs an automatic rebill procedure to ensure continuity of service. Virtual Web Holdings Inc reserves the right to change any Membership fees at any time, with or without prior notice to you. Virtual Web Holdings Inc posts the current membership fees for the Site as part of the registration process.
Duty to Provide Accurate Information.
You agree to provide true, accurate, current and complete information about yourself as requested in the Site's registration form and, if applicable, the purchase option form (collectively, the "Registration Data"). In the event that we determine, in our sole discretion, that you have failed to provide us with accurate and up-to-date Registration Data, we reserve the right to terminate and/or suspend all or portions of your membership.
Rules of Use.
In order to use and maintain your membership with the Site and Service, you must adhere to the following rules of use:
Without Our express prior written authorization, You may not:
You understand and agree that Virtual Web Holdings Inc reserves the right to change or discontinue, temporarily or permanently, your access to the Service and Site in whole or part in response to any conduct that we determine, in our sole discretion, may have violated these Rules of Use. In such event, you will not be provided with any partial or full refund for any amounts you may have paid for use of the Service.
We reserve the right to modify, alter or add to this policy, and all users should regularly check back regularly to stay current on any such changes.
Responsibility for Login Information.
You understand that you are solely responsible for all uses and purchases made using your username and password. For this reason you should guard your username and password against all third parties including turning off password saving functionalities available in certain web browsers and choosing a password which is difficult to guess. Please notify us immediately of any actual or suspected unauthorized use of your username and password or any other actual or suspected breach of security.
Publisher and the aforementioned name of the Site is a service mark and/or trademark of the Site. The name of the Site and the name of the Publisher are considered trademarks owned by the Publisher. We aggressively defend our intellectual property rights.
Other manufacturers' product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks.
All of the marks, logos, domains, and trademarks that You find on the Site may not be used publicly except with express written permission from Publisher, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Publisher.
The Materials accessible from the Site, and any other World Wide Website owned, operated, licensed, or controlled by Publisher, is the Publisher's proprietary information and valuable intellectual property and We retain all right, title, and interest in the Materials.
The Materials may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any way without the prior written consent of Publisher, except that you may print out a copy of the Materials solely for Your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials.
Modification or use of the Content except as expressly provided in this User Agreement violates the Publisher's intellectual property rights.
Neither title nor intellectual property rights are transferred to You by access to the Site.
All Materials included on the Site, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations and software is the property of the Publisher or its content suppliers and is protected by United States and international copyright laws. The compilation of all Materials on the Site is the exclusive property of the Publisher or its content suppliers and protected by United States and international copyright laws, as well as other laws and regulations.
A. Notice. Any notice required to be given under this Agreement may be provided by email to a functioning email address of the party to be noticed, by a general posting on the Site, or personal delivery by commercial carrier such as Federal Express or Airborne. Notices by customers to Publisher shall be given by electronic messages unless otherwise specified in the Agreement.
B. Change of Address. Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of the Agreement.
C. When Notice is Effective. Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier (e.g., United States Express Mail or Federal Express) shall be deemed delivered on the business day following mailing. Notices mailed by United States Mail, postage prepaid, registered or certified with return receipt requested, shall be deemed delivered five (5) days after mailing. Notices delivered by any other method shall be deemed given upon receipt. Notices by email and facsimile transmission, with confirmation from the transmitting machine that the transmission was completed, are acceptable under this Agreement provided that they are delivered one (1) hour after transmission if sent during the recipient's business hours, or 9:00 a.m. (recipient's time) the next business day. Either Party may, by giving the other Party appropriate written notice, change the designated address, fax number and/or recipient for any notice or courtesy copy, hereunder.
D. Refused, Unclaimed, or Undeliverable Notice. Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the Party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, facsimile machine, email server, or overnight delivery service
License to Use the Service.
By creating an account with the Service, we grant to you a limited, revocable license to use the Service. You understand that such license, regardless of whether or not you purchase a Paid option, is not transferrable by you and may not be in any way sublicensed, resold or otherwise shared by you with any third party. You agree that you will not attempt to access any portion of the Site or Service which you are not authorized to access, including attempting to access or utilize the paid portions of the website without purchasing a Paid option.
Right to Cooperate with Law Enforcement.
We reserve the right to investigate, cooperate with law enforcement and prosecute (both civilly and criminally) any misuse of the Site or Service, including actual or suspected misuse of billing information, a suspected or actual breach of the Rules of Use or any other suspected activity not in full compliance with the letter and spirit of these Terms.
Messages to You.
In connection with providing the Service, we may determine to send emails to the email account provided by you. Such emails may contain information regarding promotions or the status of your account. In the event that you no longer wish to receive promotional emails you should contact us at support@Aerobicise.com.
Effect of Cancellation.
If you cancel your Membership there will not be any refund for unused time.
Aerobicise.com reserves the right to terminate your account in the event that we believe in our sole discretion that you have breached these Terms in any way or if we receive a subpoena, search warrant or other legal request or process relating to your account. In such event, your account will be made immediately inaccessible and all messages, photos, videos and other content associated with your profile will be inaccessible to you. You understand that in the event we terminate your account hereunder and you had previously purchased tokens, that no refund will be afforded to you. You agree that we have no liability to you in the event of a termination and/or loss of data hereunder.
Third Party Advertisements.
The Site and Service may contain links to affiliated and unaffiliated third party websites. Virtual Web Holdings Inc is not responsible for the content of any third party's advertisement or website. You understand that in the event you click on any advertisement or visit the webpage of any such third party website, these Terms will not apply and may be subject to such third party's own terms and conditions.
Merger or Acquisition.
You understand that Virtual Web Holdings Inc is a growing company and that we may in the future sell all or any portion of the Site and/or Service by way of sale, merger or otherwise. You understand that in order to effectuate such partial or whole transfer of the Site and/or Service, Virtual Web Holdings Inc shall have the right to share and/or transfer all or part of your account information.
Limitations of Liability.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS, WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR CONSEQUENTIAL DAMAGES OR PUNITIVE DAMAGES. YOU AGREE THAT OUR MAXIMUM LIABILITY TO YOU FOR ANY ALLEGED BREACH OF THIS AGREEMENT BY US, OR FOR ANY OTHER REASON, SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF TOKEN PURCHASES YOU HAVE PAID US IN THE PRECEDING SIX MONTH PERIOD.
Disclaimer of Warranties.
The Service is distributed on an "as is" basis. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. Where permitted by law, you acknowledge that the Service is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Service is at your own risk. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Service by us or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. If you are a California resident, you waive California Civil Code § 1542, which states "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
You agree to indemnify us, our affiliated entities, officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of these Terms or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
Governing Law and Severability.
By accessing or viewing the Site, you irrevocably agree that all use of the Site and Service, including the receipt of emails by you, shall be governed by the laws of the state of California without regard to its conflict of laws provisions and any disputes arising out of these Terms will be subject to the exclusive jurisdiction of an appropriate court in Los Angeles County, California. If any provision of these Terms is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.
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