|
STATEMENT OF FICTITIOUS CONTENT
THE NAMES, CHARACTERS, PLACES,
AND EVENTS IN THIS STORY ARE ALL CREATIONS OF JENZPINUP.COM AND
ARE USED FICTIOUSLY AND ARE NOT TO BE INTERPRETED AS REAL. ANY
SEMBLANCE TO ANY NAME, OF SOMEONE EITHER LIVING OR DEAD, OR ANY SEMBLANCE
TO REAL EVENTS, IS PURELY COINCIDENTAL.
COPYRIGHT NOTICE
ALL CONTENT INCLUDED ON THIS SITE, SUCH AS TEXT, GRAPHICS,
LOGOS, BUTTON ICONS, IMAGES, AUDIO CLIPS, AND SOFTWARE, IS THE PROPERTY OF
JENZPINUP.COM AND PROTECTED BY U.S.
AND INTERNATIONAL COPYRIGHT LAWS. THE COMPILATION (MEANING THE COLLECTION,
ARRANGEMENT) OF ALL CONTENT ON THIS SITE IS THE EXCLUSIVE PROPERTY OF
JENZPINUP.COM AND PROTECTED BY U.S. AND INTERNATIONAL COPYRIGHT LAWS. THIS
SITE OR ANY PORTION OF THIS SITE MAY NOT BE REPRODUCED, DUPLICATED, COPIED,
SOLD, RESOLD, OR OTHERWISE EXPLOITED FOR ANY COMMERCIAL PURPOSE THAT IS NOT
EXPRESSLY PERMITTED BY JENZPINUP.COM
DISCLAIMER
THE MATERIALS ON THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF
ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS OR MATERIALS ON THIS
WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THIS WEB SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AND FUNCTIONS
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
MATERIALS ON THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE,
SERVICING, REPAIR, OR CORRECTION TO THE EQUIPMENT AND SOFTWARE YOU USE TO ACCESS
THIS WEB SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR MATERIALS
OR FUNCTIONS ON THIS WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR
ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO
JENZPINUP.COM, IF ANY, FOR ACCESSING THIS WEB SITE.
TERMINATION
WE MAY TERMINATE YOUR ACCESS TO THIS WEB SITE IMMEDIATELY AND WITHOUT NOTICE
IF IN OUR SOLE DISCRETION YOU FAIL TO COMPLY WITH ANY TERM OR PROVISION OF THESE
TERMS OF USE OR ANY OTHER TERM OR CONDITION OF USE POSTED ON THIS WEB SITE. UPON
TERMINATION OF YOUR USE OF THIS WEB SITE, YOU MUST CEASE USE THE WEB SITE AND
DESTROY ALL MATERIALS OBTAINED FROM THE WEB SITE AND ALL COPIES OF SUCH
MATERIALS. IF YOU HAVE ANY PROBLEMS WITH THIS WEB SITE OR YOUR USE OF THIS WEB
SITE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE
USING THIS WEB SITE.
TERMS AND CONDITIONS OF MEMBERSHIP
You must read and agree to these terms and conditions before you can become
an active member of the site. Please read them carefully.
- Your details are encrypted during
electronic transfer, and cannot be read by others.
- WebTV users are advised that some of the video services may not be available
through their internet terminal. This is due to a technological limitation of
WebTV.
- ID's and Passwords are for personal use only. You are not allowed to give
out this password to anyone. If you do so your ID and Password will be revoked.
- At the end of the trial period, trial memberships will convert automatically
to monthly memberships for your convenience. Please ensure that you contact
customer support within your trial period if you do not wish to obtain full
membership. If you do not choose to cancel within your trial period, there will
be no refund of the first month membership if you subsequently decide to cancel.
- Memberships will be rebilled monthly for your convenience. It is very simple
to cancel rebilling if you no longer want access.
- We prosecute credit card fraud - all sign-ups are tracked by your unique IP
which can be traced back to individuals through your ISP.
- For good and valuable consideration, the sufficiency of which is
acknowledged by you and JenzPinup.com, you hereby agree to become a subscriber to
the site, 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 the site. Subject to the terms and conditions set forth in this
Agreement, the JenzPinup.com agrees to provide to you all the privileges of
subscription to available to a Subscriber in good standing. This Agreement is
subject to change by JenzPinup.com at any time, and changes are effective upon
notice to the Subscriber by e-mail, posting at or via hyperlink to , or by mail.
- ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED AT
ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS
WHERE THE MATERIALS, MESSAGES AND OTHER COMMUNICATIONS CONTAINED AT 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
(18) YEARS MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF OR
PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN . YOU HEREBY
ACKNOWLEDGE THAT MATERIALS PRESENTED AT AND/OR DOWNLOADABLE FROM INCLUDE
EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND HETEROSEXUAL,
BI-SEXUAL, AND/OR TRANSEXUAL SITUATIONS OF A SEXUAL NATURE, 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 acknowledge and agree that all materials contained at the 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 the site only as authorized by JenzPinup.com. I
agree that I shall at no time access, view, download, receive or otherwise use,
or cause or enable others to access, view, download, receive or otherwise use
materials, directly or indirectly in places which the JenzPinup.com does not
authorize such access, viewing, downloading, receipt or other use. I hereby
acknowledge and agree that no materials from any parts of the site are
authorized, and no materials are intended, by the JenzPinup.com to be accessed,
viewed, downloaded or used by, or transmitted, broadcast or otherwise
disseminated to any person or entity located in any and all areas prohibited by
law. I agree that any and all unauthorized access, viewing, downloading,
receipt, duplication or other use of materials from the site, in which I am
directly or indirectly involved, including, but not limited to accessing,
viewing, downloading, receiving or other use of materials in PROHIBITED AREAS in
any manner shall constitute intentional infringement(s) of the site's and
potentially other's intellectual property rights and other rights in such
materials and shall further constitute a violation of the site's trademark and
other rights, including, but not limited to, rights of privacy.
- I agree to be personally liable and fully indemnify the site for any and all
damages directly, indirectly and/or consequentially resulting from my attempted
or actual unauthorized downloading or other duplication of materials from the
site 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 the 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).
- 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 you must be 18 years of age or older to receive a
membership to the site. For your convenience and satisfaction, all memberships
will automatically renew upon expiration unless your subscription is cancelled
at least 24 hours prior to expiration. The cost of renewal will not exceed
monthly membership costs at time of members' initial subscription. Cost of
renewal will not be affected by any increase in the site subscription rates. All
membership cancellations can take place by visiting our online cancellation
form.
b. Other fees and/or charges for goods and services ordered at, through
and/or from the site and its licensees.
- Subscriptions may not be assigned or transferred to any other person or
entity. Subscriber must promptly inform JenzPinup.com of the following: changes in
the expiration date of any credit card used in connection with the site; 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 JenzPinup.com
is notified, by conventional mail, web site form, during
normal business hours of a breach in security, the Subscriber will remain liable
for any unauthorized use of the site. Upon request, Subscribers will be given
access to billing records that support charges for use of the the site.
- Payment for the services provided to you at and/or through the site may be
made by automatic credit card or check debit and you hereby authorize JenzPinup.com
and its agents to transact such payments on your behalf. You agree not to
report as lost or stolen any credit card which you have used in conjunction with
payment to the site, or as unauthorized any charge by the site, for any goods or
services, including subscription, for which you do not have good reason to
believe is, in fact, lost, stolen or unauthorized. You hereby agree that any
such fraudulent reporting of a lost or stolen credit card used to obtain goods
or services from the site or any fraudulent reporting of an unauthorized charge
to the site on your credit card which has been made by you or anyone under your
authority, at a time when a charge or other obligation for payment for goods
and/or services to the site remains outstanding at the time of such fraudulent
reporting, you shall be liable to the site for liquidated damages. The liability
for liquidated damages specified in this Paragraph shall not limit any other
liability you may have for breach(es) of any other terms, conditions, promises
and warranties set forth in this Agreement.
- Subscription to the site may be terminated at any time, and without cause,
by either JenzPinup.com or Subscriber upon notification of the other by electronic
or conventional mail, or by telephone. You agree to be personally liable for all
charges incurred by you during or through the use of the site. 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 site. Access to and use
of the site is through the use of a password. Each Subscriber must keep his
password strictly confidential. For security reasons, the site will not release
passwords. Unauthorized access to the site is a breach of this Agreement and a
violation of law.
- Subject to the terms and conditions set forth herein, the site hereby grants
you a limited, non-exclusive and non-transferrable license to use graphic files,
audio files, video files, text, hyperlinks, interlinks, search engines, and
other software associated with authorized Subscriber use of the site which JenzPinup.com
provides ("Materials") during the period in which you are a current
Subscriber in good standing. You may use the Materials only in accordance with
the terms and conditions of your membership, only on one computer at a time and,
if downloadable copies of the Materials are made available by the site, you may
make only a single copy of such Materials for your personal use and enjoyment.
You may not remove any propriety notices from Materials at any time. You may
make no use of Materials not expressly authorized herein or by prior express
written authorization from JenzPinup.com. Prohibited uses, include, without
limitation: (1) permitting other individuals to directly or indirectly use the
Materials; (2) modifying, translating, reverse engineering, decompiling,
disassembling the Materials (except to the extent applicable laws specifically
prohibit such restriction); (3) making copies or creating derivative works based
on the Materials except as provided herein; (4) renting, leasing, or
transferring any rights in the Materials; (5) removing any proprietary notices
or labels on the Materials; and (6) making any other use of the Materials. 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 JenzPinup.com
for electronic dissemination, all Materials displayed at or otherwise
available through the site 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 JenzPinup.com. All editions of , and all
Materials and other matter used directly or indirectly in, at, by, through
and/or with the site are protected by the copyright laws of the United States,
international copyright treaties and other laws and regulations. All rights are
reserved. All intellectual property and other rights in and to the Materials and
other matter at the site shall at all times remain in JenzPinup.com, 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 Materials is the property of the applicable content owner, which may be the
JenzPinup.com, its parent(s), subsidiary or subsidiaries, licensee(s) and
assign(s), or others, 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 JenzPinup.com or its authorized agent(s).
- You agree that Materials and all other services provided to you by JenzPinup.com
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 Materials and all services provided by JenzPinup.com is borne
by you. Should the Materials or any other service provided by JenzPinup.com prove
defective and/or cause any damage to your computer or inconvenience to you, you,
and not JenzPinup.com, 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 JenzPinup.com,
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 Materials or other use of the site.
- JenzPinup.com does not screen or endorse advertisements or communications
submitted to the site by third-party licensees, advertisers, or subscribers for
electronic dissemination through the site. Subscribers are therefore advised to
use their own judgment to evaluate all advertisements and other communications
available at or through the use of the site prior to purchasing goods and/or
services described at the site or otherwise responding to any communication at
the site.
- Any liability of JenzPinup.com, 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 JenzPinup.com 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.
- JenzPinup.com is not liable for damages resulting from disseminating, failing
to disseminate, or incorrectly or inaccurately disseminating any Materials,
data, advertisement or other communication at or through the site.
- From time to time, JenzPinup.com or it's authorized representatives,
associates or independent contractors may contact you via email for the purposes
of marketing, special offers, etc. If you do not wish to receive such contact,
you will receive an option to opt-out of future contacts in every such contact.
- No warranty is made by JenzPinup.com regarding any information, services,
Materials or products provided through or in connection with , and JenzPinup.com
hereby expressly disclaims any and all warranties, including without limitation:
1) any warranties as to the availability, accuracy, or content of Materials,
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.
- "Jenz" and "JenzPinup.com" are service marks of the site. All rights are
reserved.
- All materials included at the site are for the private use by Subscribers
only. No other uses are intended by the JenzPinup.com and any other use is
strictly prohibited.
- If the JenzPinup.com should at any time provide 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 the site or other
services provided to you by JenzPinup.com. 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 JenzPinup.com to immediately terminate
all rights to access to the site. You are solely responsible for all information
which you submit, publish, display, disseminate or otherwise communicate through
the site even if a claim should arise after termination of service. If the JenzPinup.com
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 the site and agree that all such
messages and other communications shall not be deemed to be private or secure.
Regardless of whether the JenzPinup.comprovides 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 JenzPinup.com directly
or through the site can be read by the operators and/or other agents of JenzPinup.com,
whether or not they are the intended recipient(s).
- This Agreement contains the entire agreement between the Subscriber and
JenzPinup.com regarding Subscribers' use of the site, Materials and all materials
directly and indirectly related thereto. This Agreement supersedes all prior
written and oral understandings, writings, and representations and may only be
amended upon notice by JenzPinup.com. This Agreement shall be governed by and
construed under the laws of Antigua. 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.
BY JOINING THE SITE, YOU AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND
AGREE TO ALL ITS TERMS AND CONDITIONS
Copyright© 2003 -
JenzPinup.com - All Rights Reserved
|