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TERMS AND CONDITIONS OF MEMBERSHIP
You must read and agree to these terms and conditions
before you can become an active member of GetEnlarged. Please
read them carefully.
1. For good and valuable consideration, the sufficiency
of which is acknowledged by you and the Company, you hereby
agree to become a subscriber to GetEnlarged, 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 GetEnlarged. Subject
to the terms and conditions set forth in this Agreement, the
Company agrees to provide to you all the privileges of subscription
to GetEnlarged available to a Subscriber in good standing.
This Agreement is subject to change by Company at any time,
and changes are effective upon notice to the Subscriber by
e-mail, posting at or via hyperlink to GetEnlarged, or by
mail.
2. ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS,
CONTAINED AT GetEnlarged ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY
TO CONSENTING ADULTS IN LOCATIONS WHERE THE MATERIALS, MESSAGES
AND OTHER COMMUNICATIONS CONTAINED AT GetEnlarged 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 GetEnlarged
OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT
OR IN GetEnlarged. YOU HEREBY ACKNOWLEDGE THAT MATERIALS PRESENTED
AT AND/OR DOWNLOADABLE FROM GetEnlarged 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.
3. I acknowledge and agree that all materials contained
at GetEnlarged 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 GetEnlarged only as authorized by the Company.
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 Company does not authorize
such access, viewing, downloading, receipt or other use. I
hereby acknowledge and agree that no materials from any parts
of GetEnlarged are authorized, and no materials are intended,
by the Company 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 GetEnlarged, 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
GetEnlarged's and potentially other's intellectual property
rights and other rights in such materials and shall further
constitute a violation of GetEnlarged's trademark and other
rights, including, but not limited to, rights of privacy.
4. I agree to be personally liable and fully indemnify GetEnlarged
for any and all damages directly, indirectly and/or consequentially
resulting from my attempted or actual unauthorized downloading
or other duplication of materials from GetEnlarged 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 GetEnlarged 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).
5. 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
GetEnlarged. 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 GetEnlarged subscription rates.
25 hours free after that $25.00 a month until one party cancels.
All membership cancellations can take place by visiting our
MEMBER SERVICES area.
b. Other fees and/or charges for goods and services ordered
at, through and/or from GetEnlarged and its licensees.
6. 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 GetEnlarged; 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 conventional mail,
web site form, or by telephone to GetEnlarged's Customer Service
Department at 713-592-2576, during normal business hours of
a breach in security, the Subscriber will remain liable for
any unauthorized use of GetEnlarged. Upon request, Subscribers
will be given access to billing records that support charges
for use of the GetEnlarged.
7. Payment for the services provided to you at and/or through
GetEnlarged may be made by automatic credit card or check
debit and you hereby authorize Company 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 GetEnlarged, or as unauthorized any charge
by GetEnlarged, 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 GetEnlarged or any fraudulent
reporting of an unauthorized charge to GetEnlarged 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 GetEnlarged remains outstanding
at the time of such fraudulent reporting, you shall be liable
to GetEnlarged for liquidated damages of $25,000.00. 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.
8. Subscription to GetEnlarged may be terminated at any
time, and without cause, by either Company 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 GetEnlarged.
Your liability for such charges shall continue after termination
of your membership for any reason.
9. Subscribers are responsible for providing all personal
computer and communications equipment necessary to gain access
to GetEnlarged. Access to and use of GetEnlarged is through
the use of a password. Each Subscriber must keep his password
strictly confidential. For security reasons, GetEnlarged will
not release passwords. Unauthorized access to GetEnlarged
is a breach of this Agreement and a violation of law.
10. Subject to the terms and conditions set forth herein,
GetEnlarged 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 GetEnlarged which Company 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 GetEnlarged, 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 Company. 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.
11. Except for public domain material or material otherwise
licensed to Company for electronic dissemination, all Materials
displayed at or otherwise available through GetEnlarged 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 GetEnlarged, and all Materials and other matter used directly
or indirectly in, at, by, through and/or with GetEnlarged
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 GetEnlarged
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 Materials is the property of the applicable content
owner, which may be the Company, 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 Company or its authorized agent(s).
You agree that upon such termination, you will immediately
destroy all copies of the Materials in your possession.
12. You agree that Materials 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 Materials and all services provided
by Company is borne by you. Should the Materials or any other
service provided by Company prove defective and/or cause any
damage to your computer or inconvenience to you, 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 Materials or other use of GetEnlarged.
13. Company does not screen or endorse advertisements or
communications submitted to GetEnlarged by third-party licensees,
advertisers, or subscribers for electronic dissemination through
GetEnlarged. Subscribers are therefore advised to use their
own judgment to evaluate all advertisements and other communications
available at or through the use of GetEnlarged prior to purchasing
goods and/or services described at GetEnlarged or otherwise
responding to any communication at GetEnlarged.
14. 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.
15. Company 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 GetEnlarged.
16. No warranty is made by Company regarding any information,
services, Materials or products provided through or in connection
with the GetEnlarged, and Company 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.
17. "GetEnlarged" is a service mark of GetEnlarged,
INC. All rights are reserved.
18. All materials included at GetEnlarged are for the private
use by Subscribers only. No other uses are intended by the
Company and any other use is strictly prohibited.
19. If the Company 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 GetEnlarged 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 GetEnlarged.
You are solely responsible for all information which you submit,
publish, display, disseminate or otherwise communicate through
GetEnlarged 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 GetEnlarged 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 GetEnlarged can be read by
the operators and/or other agents of Company, whether or not
they are the intended recipient(s).
20. Notices from GetEnlarged to Subscribers may be given
by means of e-mail, by general posting on GetEnlarged, or
by conventional mail. Communications from you to the Company
may be made by e-mail, conventional mail or telephone. All
questions, complaints, or notices to GetEnlarged may be sent
in the following manner:
a. by means of the web site form; or
b. by telephone to GetEnlarged's Customer Service Department
during normal business hours to 888-968-5834.
21. This Agreement contains the entire agreement between
the Subscriber and Company regarding Subscribers' use of GetEnlarged,
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 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
surviveits termination.
YOU HEREBY AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT
AND AGREE TO ALL ITS TERMS AND CONDITIONS BY CLICKING WHERE
INDICATED BELOW AND BY AUTHORIZING THE USE OF YOUR CREDIT
CARD FOR PAYMENT OF CHARGES AND FEES FOR YOUR OBTAINING A
SUBSCRIPTION TO GetEnlarged.
SELECT "I AGREE" TO INDICATE THAT YOU HAVE READ
THE MEMBERSHIP AGREEMENT IN ITS ENTIRETY, UNDERSTAND ITS TERMS,
CONSENT TO ALL THE TERMS AND CONDITIONS SET FORTH IN THE MEMBERSHIP
AGREEMENT, REPRESENT AND WARRANT THAT YOU ARE CURRENTLY OVER
THE AGE OF 18 YEARS AND UNDERSTAND THAT MATERIALS PRESENTED
AT GetEnlarged INCLUDE NUDITY, VISUAL AND AUDIO PRESENTATIONS
OF SEXUAL SITUATIONS AND ADULT LANGUAGE.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET
FORTH IN THIS AGREEMENT, ARE NOT OVER 18 YEARS OF AGE, OR
ARE IN AN UNAUTHORIZED DOWNLOADING LOCATION, SELECT THE "I
DO NOT AGREE".
I AGREE TO THE TERMS AND CONDITIONS
I
DO NOT AGREE
Copyright© 2006 - GetEnlarged - All Rights Reserved
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