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Terms of Use for Comedepot.com
1. I understand that NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF THIS SITE OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN THIS SITE. I am an adult (18 years or older, 21 in AL, MS, NE, WY, AND ANY OTHER LOCATION WHERE 18 IS NOT THE AGE OF MAJORITY - IF YOU ARE IN ANY DOUBT, DO NOT CONSIDER YOURSELF TO BE OF LEGAL AGE UNTIL YOU ARE 21) and have read and understood this Adult Content Agreement. 2. Pictures, motion pictures, and texts on this page may involve language, content, images, and themes of an adult nature. I UNDERSTAND THAT WHEN I GAIN ACCESS TO THIS SITE, I WILL BE EXPOSED TO VISUAL IMAGES, VERBAL DESCRIPTIONS AND AUDIO SOUNDS OF A SEXUALLY ORIENTED, FRANKLY EROTIC NATURE, WHICH MAY INCLUDE GRAPHIC VISUAL DEPICTIONS AND DESCRIPTIONS OF NUDITY AND SEXUAL ACTIVITY. I AM VOLUNTARILY CHOOSING TO DO SO, BECAUSE I WANT TO VIEW, READ AND/OR HEAR THE VARIOUS MATERIALS THAT ARE AVAILABLE, FOR MY OWN PERSONAL ENJOYMENT, INFORMATION AND/OR EDUCATION. MY CHOICE IS A MANIFESTATION OF MY INTEREST IN SEXUAL MATTERS WHICH, I BELIEVE, IS BOTH HEALTHY AND NORMAL AND WHICH, IN MY EXPERIENCE, IS GENERALLY SHARED BY AVERAGE ADULTS IN MY COMMUNITY. I AM FAMILIAR WITH THE STANDARDS IN MY COMMUNITY REGARDING THE ACCEPTANCE OF SUCH SEXUALLY ORIENTED MATERIALS, AND THE MATERIALS I EXPECT TO ENCOUNTER ARE WITHIN THOSE STANDARDS. IN MY JUDGEMENT, THE AVERAGE ADULT IN MY COMMUNITY ACCEPTS THE CONSUMPTION OF SUCH MATERIALS BY WILLING ADULTS IN CIRCUMSTANCES SUCH AS THIS WHICH OFFER REASONABLE INSULATION FROM THE MATERIALS FOR MINORS AND UNWILLING ADULTS, AND WILL NOT FIND SUCH MATERIALS TO APPEAL TO A PRURIENT INTEREST OR TO BE PATENTLY OFFENSIVE. 3. I I assure under the penalty of perjury that viewing adult material is legal in my country, state and county. I am requesting the material on this site from a location where such material does not violate any federal, state, or local laws or community standards. I agree to bear the full and sole responsibility for bringing such material into whatever community I choose to. I agree to review this material before retrieving it, and assure that any material that I retrieve will not violate the federal, state, or local obscenity laws or community standards of the location into which I choose to bring the material. All parts of the following countries constitute prohibited areas, from which no part of this site may be accessed, downloaded, and/or viewed: Afghanistan, Kuwait, Iran, Iraq, Japan, Jordan, Libya, Pakistan, The Republic of China, Singapore, Saudi Arabia, Syria, The United Arab Emirates, and 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 Our Site would, or could reasonably constitute a violation of any law, regulation, rule or custom. 4. I agree that in no case neither the administrator nor the owner nor the operator of this page, nor the any of the persons shown in any pictures on the page will be liable to you for any damage of any kind, including but not limited to, compensatory damages, lost profits, lost data or any form of incidental, indirect, consequential or punitive damage of any kind whether based on breach of contract or warranty, tort, negligence, product liability or otherwise, even if we are informed in advance of the possibility of such damages. 5. I will file no charges or suits against the owners and operators of this web site. I FURTHER REPRESENT AND WARRANT THAT I HAVE NOT NOTIFIED ANY GOVERNMENTAL AGENCY, INCLUDING THE U.S. POSTAL SERVICE, THAT I DO NOT WISH TO RECEIVE SEXUALLY ORIENTED MATERIAL. 6. I certify under the penalty of perjury that I am not a law enforcement officer, nor a postal inspector, nor operating under an assumed name or in cooperation with any criminal investigation; nor am I seeking out evidence which may serve as the basis for any charge of violating federal, state, or local obscenity laws. I am not accessiong this site to use material on this site against the site owner, the site operator, or any other person, in any conceivable manner. 7. I ACKNOWLEDGE AND AGREE THAT ALL MATERIALS CONTAINED AT THIS SITE ARE PROPRIETARY AND CONSTITUTE VALUABLE INTELLECTUAL PROPERTY. I ACKNOWLEDGE AND AGREE THAT AS SUCH, I MAY ONLY ACCESS, VIEW, DOWNLOAD, RECEIVE AND OTHERWISE USE THE MATERIALS AVAILABLE AT THIS SITE ONLY AS AUTHORIZED BY THE OWNER. I will not bypass any security and/or access features at this site. I declare that I will only access the Members Area of this site after purchasing a subscription. 8. I will not sell and/or in any way copy or redistribute the contents of this site or any passwords or security codes that I obtain from this site. If I do so and I am caught, I agree to pay the administrator of this site no less than US$ 5,000.- in compensation. I will not redistribute material from this page to anyone, nor will I permit any minor to see this material, or any other person who might find such material personally offensive. AGREE TO BE PERSONALLY LIABLE AND FULLY INDEMNIFY THIS SITE AND COMPANY FOR ANY AND ALL DAMAGES DIRECTLY, INDIRECTLY AND/OR CONSEQUENTIALLY RESULTING FROM MY ATTEMPTED OR ACTUAL VIEWING OR DOWNLOADING OR OTHER DUPLICATION OF MATERIALS FROM THIS SITE FROM A PROHIBITED ACCESS ARES, OR WHICH IS OTHERWISE UNAUTHORIZED. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, ALL DIRECT AND CONSEQUENTIAL DAMAGES DIRECTLY OR INDIRECTLY RESULTING FROM UNAUTHORIZED DOWNLOADING OF MATERIALS FROM OUR SITE 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). 9. I understand, that this page does not encourage any viewer not
to practice safe sex. We further recommend to get yourself and any
sex partners you may have, tested for sexually transmitted diseases.
Condoms have been proven to be effective in preventing pregnancy,
and for prevention of sexually transmitted diseases. If you have
any questions about sexual transmitted diseases, consult your physician
before practicing sex. 10 NON-ASSIGNABILITY/THEFT OF LOGIN - Your Membership, Ticket, username and password (login), may not be assigned or transferred to any other person or entity. This means, among other things, that you cannot give it out to friends, post it in a newsgroup or on a webpage. This constitutes fraud and is punishable by law. Subscriber must promptly inform Company or the Site of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a Ticket, username or password. Until Company or the Site is notified, by e-mail, or by telephone, of any breach in security, the Subscriber will remain personally liable for any unauthorized use of the Service. We will terminate any tickets, usernames, passwords or logins that have been abused, and will not issue a refund or any credit. Subscriber is and shall be personally liable for, and shall defend, indemnify and hold harmless Dataworld BV, the Site and the Site owner from any and all damages (including loss of profits, loss of property, fines and penalties), losses and costs (including attorneys' fees) resulting from any attempted or actual unauthorized downloading or other duplication whether solely by Subscriber or with or under the authority of any other including governmental agency. 11. TERMINATION/CANCELLATION - Subscription to the Service may be terminated at any time, and without cause, by either Company, the Site or the Subscriber upon notification of the other by electronic or conventional mail, or by telephone, fax or filling out this cancellation request form. When a member requests termination, subscription fees are NOT refunded. Subscribers are liable for charges incurred by them until termination of service. Cancellation must occur seven (7) days before the end of a Subscription period. 12. REFUNDS - If we decide to refund a Subscription that was paid for by credit card, such refund will be made only by crediting the credit card that was used to make the original purchase. 13. LICENSE - Memberships to the Site are provided for personal, non-commercial use by Subscribers. Subscribers are hereby granted a single copy license to download (on a single computer only) or print copies of any of the information found on the Site for personal, non-commercial use only. Commercial use of the site, or any material located on it, is strictly prohibited. In addition, you may not modify any of the materials found on the Site; use them for any public display, performance, sale or rental; remove, modify or alter any copyright or other proprietary notice, or trademarks therefrom. You also may not transfer any material located on the Site to any other person. Company and the Site reserve the right to terminate this license at any time if you breach the terms of this agreement, in which case you will be obligated to immediately destroy any information downloaded, printed or otherwise copied from the Site. Access to and use of the Site is through a combination of a username and a password (login). Each Subscriber must keep his or her login strictly confidential. For security reasons, Company will not release passwords for any reason, to anyone other than the Subscriber, except as may be specifically required by law or court order. Unauthorized access to the Site is a breach of this Agreement and a violation of law. 14. BOOKMARKING AND LINKING - Bookmarking or linking to a page on the Site whereby the Warning page(s) and/or terms and conditions are by-passed shall constitute an implicit acceptance of the terms and conditions herein and an explicit acknowledgement of age of majority. 15. Company does not screen or endorse advertisements or communications submitted to this Site by third-party licensees, advertisers, or subscribers for electronic dissemination through this Site. Subscribers are therefore advised to use their own judgment to evaluate all advertisements and other communications available at or through the use of this Site prior to purchasing goods and/or services described at this Site or otherwise responding to any communication at this Site. 16. This Site is not affiliated with any company or organization. No inference of association or affiliation with, or endorsement by any company or organization is intended or should be inferred. 17. REFUNDS - If for any reason you are unsatisfied with the products you paid for at comedepot.com we will do our best to remedy the situation and we will offer a full refund for the product. If you were unsatisfied with the product you received please contact us via email (webmaster@comedepot.com). 18. DEFINITIONS - The term "Site", as referred to in these terms and conditions shall mean - The site to which you seek to gain access by purchasing a username and password (login) or Ticket from company or one of its authorized resellers. The "Site" shall include the owner thereof and persons employed in presenting the Site. The term "Member" or "Membership", as referred to in the terms and conditions shall mean -The holder (Subscriber) of a valid username and password (login) for the Site during the term of membership. Membership is non-transferable and non-assignable. The term "Subscriber", as referred to in the terms and conditions shall mean - The End-user, Consumer, of the services of the Site and holder of a valid username and password (login) for the Site. By becoming a Subscriber, you agree to pay for access to the site. The term "Login", as referred to in the terms and conditions shall mean - The combination of unique username and password that is sold by Company and used to access the Site. A Login is a non-exclusive, non-transferable license for that individual member, and no other, to use the Site for a period of time. The term "Bookmarking", as referred to in the terms and conditions shall mean - The act of placing a webpage (URL) into a temporary file on the Subscriber's browser so that the subscriber may return to that page at a future date directly, without passing through any pages that may have been precedent. A Ticket is a number issued by the billing service. The Ticket is used to obtain access to the site after payment. 19. DISCLAIMERS - THE MATERIALS ON THE SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESSED OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE. COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THE SITE. ANY OF THE INFORMATION OFFERED ON THE SITE MAY CHANGE AT ANY TIME WITHOUT NOTICE. TO THE EXTENT SUBSCRIBER IS LOCATED WHERE SUCH DISCLAIMER IS INAPPLICABLE OR RESTRICTED, THE DISCLAIMER MAY NOT APPLY AND SUBSCRIBER MAY HAVE LEGAL RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION. COMPANY, THE SITE AND THE SITE OWNER MAKE NO REPRESENTATION AS TO ANY OF THE INFORMATION FOUND AT THE SITE. SHOULD THE MATERIALS OR SERVICES PROVIDED PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO EQUIPMENT OR ANY LOSS OR INCONVENIENCE TO SUBSCRIBER OR ANYONE CLAIMING THROUGH SUBSCRIBER, SUBSCRIBER ASSUMES THE ENTIRE COST AND RESPONSIBILITY FOR SAME. IN THE EVENT COMPANY, THE SITE OR THE SITE OWNER ARE FOUND LIABLE FOR ANY FAILURE TO PERFORM, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY OR OTHERWISE AND REGARDLESS OF WHETHER BASED UPON BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CLAIM OR CAUSE OF ACTION, THE MAXIMUM LIABILITY OF COMPANY, THE SITE AND THE SITE OWNER SHALL BE FOR NO MORE THAN THE AMOUNT OF THE SUBSCRIPTION FEE PAID BY OR ON BEHALF OF THE SUBSCRIBER FOR THE PRECEEDING MONTH. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. HOWEVER, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL COMPANY, THE SITE OR THE SITE OWNER, OR ANY OF THEIR SUPPLIERS, LICENSES OR OTHER SUBSCRIBERS BE LIABLE, TO SUBSCRIBER OR OTHERS FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF GOOD WILL, WORK STOPPAGE, COMPUTER OR OTHER EQUIPMENT FAILURE OR MALFUNCTION. 20. This agreement is subject to change by The Come Depot at any time, and changes are effective without notice upon each Subscriber. 21. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be void, the remainder of this Agreement will continue in full force and effect. This Agreement in connection with the "Terms and Conditions of Membership" (for Subscribers only) constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede and replace all prior understandings or agreements, written or oral regarding such subject matter.
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