Revised
Feb 21, 2002
Copyright © CCE, Inc. All rights reserved. The material on this site may not be reproduced and
may not be distributed, publicly performed, proxy cached or otherwise used,
except with the prior express written permission of CCE, Inc.
FOOTFETISH.COM is the trademark of
CCE, Inc., as pending or registered in U.S. Patent and
Trademark Office.
REQUESTING REPRODUCTION PERMISSIONS
To reproduce material from
FOOTFETISH.COM, you will need the prior express written permission of CCE, Inc. Please be advised, however, that theCCE, Inc. is unlikely to grant permission to use the material within
FOOTFETISH.COM. In many instances, theCCE, Inc. has acquired
licenses from third parties to publish material within its site. Such materials
may not be reproduced without the prior express written permission ofCCE, Inc. and the third party licensor.
You may write or e-mail the Rights and Permissions
Department ofCCE, Inc., as follows:
ATTN.: RIGHTS & PERMISSIONS
CCE, Inc.
2899 Agoura Road #342
Westlake Village, CA 91361
e-mail- support@FOOTFETISH.COM
Please be advised that the
CCE, Inc. will aggressively enforce any breach of its
copyright, trademark or other intellectual property rights.
CCE, Inc. does
not pre-screen, edit, filter or otherwise monitor or alter any content that appears
in newsgroups or chat areas within or linked with FOOTFETISH.COM. The
administrators reserve the right (without the obligation to pre-screen, edit,
filter or otherwise monitor) to remove content that is considered, in its sole
discretion, to be inappropriate.CCE, Inc. disclaims any
liability with respect to content that appears in the newsgroups or chat areas
within or linked with FOOTFETISH.COM.
FOOTFETISH.COM is an ADULT Web site
containing sexually explicit photographs, video, audio, language, and other
materials. The material contained in this Web site is intended solely for
ADULTS over the age of 18 (or 21 in certain jurisdictions in which 21 is the
age of majority) who are familiar with material of this kind, are not offended
by this material, and desire to be exposed to this material.
The material contained in this Web site is not intended for
MINORS under the age of 18 (or 21 in certain jurisdictions in which 21 is the
age of majority) or those who do not desire to be exposed to sexually explicit
material.
MINORS must exit this Web site and may do so by clicking on
the following link, which also appears as "Under 18? Exit" on the
first page of this Web site: http://kids.mediaplus.com.
CUSTODIAN OF RECORDS- U.S.C. TITLE 18, SECTION
2257 COMPLIANCE
In compliance with United States Code, Title 18, Section
2257, all models, actors, actresses and other persons who appear in any visual
depiction of sexually explicit conduct appearing or otherwise contained in or
at FOOTFETISH.COM were over the age of eighteen years at the time of the
creation of such depictions. Records required to be maintained pursuant to
U.S.C. Title 18, Section 2257 are kept by the custodian of records listed
below:
|
Shjyo Horikawa Kudara Michael A. Jones Robert Tepper D. Lee Steve Shovlar Mike Rubinstein Jim Schafer Jim Hancock Phil Ice Steve Hackworth Gabe Torok Dave Clark Thomas Strother David Trotter Greg Meyer Joey Kahwaty IBroadcast,
Inc. 207 1/2 1st Ave S. Suite 300 Seattle, WA 98104 E.N.G.
de Roo |
Ona Z. Weigers Harold Ramsey R. Wardell A. Coviello - M. Hammer Stephan Gray Russell McRae Gail Harris Jeff White Joe Conrad James L. Varner Jim Hancock Tom Sweet Bruce Zell Content Manager Greg Gough Paul
Howser Aaron
Turnbull Michael
Dunn |
David A. Belinky Tom Mays Photography Chris Rodger Judson Rosebush Seth J. Aurbach Jim Thomson David Harrison Thomas D. Blanchard G.B. Clark Douglas Zimmer Cyger Synergism Mike Goudy Flortech Carter Stevens Zmaster
Entertainment Inc. Dawn DeRosa C.M. Silverman Paul
M. Hunckins B.A. LL.B David
Lace LLC |
RSACi AND ICRA SITE BLOCKING INFORMATION
THE FOOTFETISH.COM Web site is rated
with the Recreational Software Advisory Council (RSACi) and Internet Content Rating Association (ICRA) may be blocked through RSACi and ICRA.
For further information on blocking access to FOOTFETISH.COM, please see the
following links:
Recreational
Software Advisory Council (RSACi)
http://www.icra.org
http://www.cybersitter.com
http://www.cyberpatrol.com
http://www.surfwatch.com
http://www.netnanny.com
If you have any trouble blocking
access to this site, or require further information or assistance, you may
contact FOOTFETISH.COM by e-mail at support@FOOTFETISH.COM.
Please provide your telephone number in your e-mail message.
FOOTFETISH.COM HAS CREATED THIS
PRIVACY STATEMENT IN ORDER TO DEMONSTRATE OUR COMMITMENT TO PRIVACY. THE
FOLLOWING DISCLOSES OUR INFORMATION-GATHERING AND -DISSEMINATION PRACTICES FOR
FOOTFETISH.COM.
1.
ORDER FORMS. Our site occasionally uses an order form for customers to
request information, products and services. We collect visitors' contact
information (like their email address) and financial information (like their
account or credit card numbers).
(a) Contact Data. This
information is used to send orders, information about our company, and
promotional material from some of our partners to our customers. The customer's
contact information may also used to get in touch with the visitor when
necessary. Users may opt-out of receiving future mailings (see the Opt-Out and
Delete/Deactivate sections below).
(b) Financial Data. This
information is used only for billing purposes.
2.
ONLINE SURVEYS. Our online surveys ask visitors for contact information
(like their email address) and demographic information (like their zip code,
age, or income level).
(a) Contact Data. This
information is used to send the user information about our company and
promotional material from some of our partners. The customer's contact
information is also used to contact the visitor when necessary. Users may
opt-out of receiving future mailings (see the Opt-Out and Delete/Deactivate
sections below).
(b) Demographic and Profile
Data. This information is used to tailor our visitors' experience at our
site, showing them content that we think they might be interested in and
displaying the content according to their preferences. Anonymous demographic
information is shared with advertisers and market researchers on an aggregate
basis. Any email you may receive from FOOTFETISH.COM will include specific
instructions on how to unsubscribe.
3.
"COOKIE"
TECHNOLOGY. FOOTFETISH.COM occasionally uses
"cookie" technology to enhance users' online experience by making it
easier for them to navigate through our pages or to make a feature work better.
We do not extract information about individual users or their computers during
this process. For more information on "cookie" technology, please go
to http://www.cookiecentral.com/.
4.
MONITORING USE OF SERVICE. We may monitor your use of this service and use or
disclose any information so gathered to both satisfy any law, regulation or
other government request and to operate the service properly and efficiently.
CCE, Inc. (the "Company") also may, in its sole
discretion, develop and use consumer research based on User's use of the
service. All marketing information shall be subject, in all cases, to
compliance with the applicable rules and regulations of the Communications
Commission, and other relevant laws and regulations, as the same may be amended
from time to time.
5.
COMPANY NOT RESPONSIBLE
FOR THIRD PARTY OFFERS. FOOTFETISH.COM contains
links to other related Internet sites, resources and sponsors of the Company,
who, from time to time, will offer products and services that may be of value
to you. Selection of one of these ad banners or links redirects the User off of
FOOTFETISH.COM to a third party. Transactions that occur between the User and the
third party are strictly between the User and the third party and are not the
responsibility of the Company. Because the Company is not responsible for these
outside resources or their privacy policy or content, the User should direct
any concerns regarding any external link to its site administrator or
Webmaster.
6.
OPT-OUT. Users may opt-out of receiving communications from us and
our partners by choosing such an option at the point where we request
information about the visitor.
7.
DELETE/DEACTIVATE.
To Opt Out of receiving future mailings and/or promotions:
1. You can send email to support@FOOTFETISH.COM
2. You can send mail to the following postal address:
Consumer Protection Dept.
CCE, Inc.
2899 Agoura Road #342
Westlake Village, CA 91361
To Deactivate your membership:
1. Call the following telephone number: 1-888-205-0489
2. Visit http://www.billingservices.com
TERMS AND CONDITIONS OF MEMBERSHIP
WELCOME
TO FOOTFETISH.COM. ALL PERSONS SEEKING MEMBERSHIP IN FOOTFETISH.COM MUST READ AND
AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. PLEASE READ THEM
CAREFULLY.
For good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged by you ("You" or the
"Subscriber"), You hereby agree to become a subscriber to
FOOTFETISH.COM, and theCCE, Inc. (the "Company")
agrees to provide You with all the privileges of subscription to FOOTFETISH.COM,
including access to certain proprietary sexually explicit photographic images,
video and audio clips, chat rooms, message boards, messages and other
communications, stories and other written materials, together with the related
graphic files, audio files, video files, text, hyperlinks, interlinks, search
engines, and other software associated with the authorized use of FOOTFETISH.COMwhether contained in, or linked to, FOOTFETISH.COM (the "Material"),
subject to the terms and conditions of this agreement (the "Agreement"),
as follows:
1.
MODIFICATIONS. This Agreement is subject to change by the Company, at any
time, in its sole discretion. Any changes made by the Company shall be
effective upon notice to the Subscriber by e-mail, posting at, or via hyperlink
to, FOOTFETISH.COM, or by U.S. mail.
2.
SEXUALLY EXPLICIT
MATERIAL:
(a) THE MATERIAL IS INTENDED FOR
DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE SUCH MATERIAL
DOES NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY APPLICABLE FEDERAL, STATE OR
LOCAL LAW OR REGULATION OF THE UNITED STATES OF AMERICA, OR OF ANY INDIVIDUAL
JURISDICTION WITHIN THE UNITED STATES OF AMERICA, OR ANY OTHER COUNTRY.
(b) YOU HEREBY ACKNOWLEDGE THAT
THE MATERIAL INCLUDES EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF
NUDITY AND HETEROSEXUAL, BISEXUAL, HOMOSEXUAL, AND TRANSEXUAL SITUATIONS OF A
SEXUAL NATURE, THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND, AND THAT YOU
ARE NOT OFFENDED BY SUCH MATERIAL.
(c) YOU FURTHER ACKNOWLEDGE AND
AGREE THAT YOU CURRENTLY WISH TO RECEIVE SEXUALLY EXPLICIT MATERIAL VIA
FOOTFETISH.COM, WOULD NOT HAVE OTHERWISE AGREED TO THE TERMS AND CONDITIONS OF
THIS AGREEMENT, AND HAVE NOT NOTIFIED ANY GOVERNMENTAL AGENCY, INCLUDING THE
U.S. POSTAL SERVICE, THAT YOU DO NOT WISH TO RECEIVE SUCH SEXUALLY EXPLICIT MATERIAL.
3.
AGE OF MAJORITY.
(a) NO PERSONS UNDER THE AGE OF
EIGHTEEN (18) YEARS (TWENTYONE (21) IN JURISDICTIONS WHERE EIGHTEEN (18) YEARS
IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF
THE MATERIAL OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT, IN OR
THROUGH FOOTFETISH.COM.
(b) YOU HEREBY FURTHER AFFIRM AND
WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN (18) YEARS (TWENTYONE
(21) IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) AND ARE
CAPABLE OF LAWFULLY ENTERING INTO AND EXECUTING THE TERMS OF THIS AGREEMENT.
4.
GRANT OF LICENSE. In consideration of the payment of subscription fees,
together with certain representations and agreements made by You under the
terms and conditions of this Agreement, and subject to the terms and conditions
set forth in this Agreement, the Company hereby grants You a limited,
nonexclusive and nontransferable license to use Material, as provided by the
Company during the period in which You are a subscriber in good standing. You
may use the Material only in accordance with the terms and conditions of Your
membership, only on one computer at a time and, if downloadable copies of the
Material are made available by FOOTFETISH.COM, You may make only a single copy of
such Materials for Your own personal use and enjoyment. This license does not
grant You any rights to the material or to any software enhancements or updates
of any kind, except as set forth in this Agreement. You may make no use of the
Material not expressly authorized herein or by prior express written
authorization from Company. Prohibited uses of the Material include, without
limitation:
(a) permitting other individuals
to directly or indirectly use the Material;
(b) modifying, translating,
reverse engineering, decompiling, disassembling the Material (except to the
extent applicable laws specifically prohibit such restriction);
(c) making copies or creating
derivative works based on the Material, except as provided herein;
(d) renting, leasing, or
transferring any rights in the Material;
(e) removing any proprietary
notices or labels on the Material; and,
(f) making any other use of the
Material.
5.
INTELLECTUAL PROPERTY
RIGHTS OF THE COMPANY. Except for public
domain material or material otherwise licensed to Company for electronic
dissemination, the Material is proprietary and constitutes valuable
intellectual property owned by the Company and others who have licensed the use
of the Material to the Company, and, except for initial downloading, may not be
copied, redistributed, or downloaded, in whole or in part, without the prior
written authorization of Company, except as set forth herein. All editions of
FOOTFETISH.COM, and all Material and other material used directly or indirectly
in, at, by, through and/or with FOOTFETISH.COM 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, to and under the Material and other material at FOOTFETISH.COM shall
at all times remain in Company, its parent(s), subsidiary(ies), licensee(s) and
assign(s). All intellectual property and other rights in, to and under any
intellectual property content accessed through the Material is the property of
the applicable content owner, which may be the Company, its parent(s),
subsidiary(ies), licensee(s) and assign(s), or others, and may be protected by
applicable copyright and/or other laws. The limited and nonexclusive 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.
6.
RESTRICTIONS ON LOCATION
OF USE.
(a) You hereby agree that You
shall at no time access, view, download, receive, duplicate, or otherwise use,
transmit, broadcast or disseminate the Material, or allow any other party to do
so, directly or indirectly, in geographical locations where the Company does
not authorize such access, viewing, downloading, receipt, duplication or other
use, transmission, broadcast or dissemination. You hereby acknowledge and agree
that the Material may not be accessed, viewed, downloaded, duplicated, received
or otherwise used, transmitted, broadcast or disseminated to any person or
entity located in any and all geographical areas designated as PROHIBITED
AREAS, as designated below. You hereby acknowledge the authority of the
Company to designate the PROHIBITED AREAS, in its sole and absolute
discretion. You hereby agree that any and all accessing, viewing, downloading,
receiving, duplicating, or otherwise using, transmitting, broadcasting or
disseminating of the Material by You, or allowing any other party to do so,
directly or indirectly, in the PROHIBITED AREAS shall constitute an
intentional infringement by You of this Agreement and potentially an
infringement of the intellectual property rights and other rights in the
Material and FOOTFETISH.COM, including, without limitation, its rights of
privacy.
(b) All of the following areas
constitute PROHIBITED AREAS from which the Material may not be accessed,
viewed, downloaded, duplicated, received or otherwise used, transmitted,
broadcast or disseminated:
Click here to review the complete list of
restricted areas.
2. All parts of the following
countries: Afghanistan, Germany, Kuwait, Iran, Iraq, Japan, Jordan, Libya,
Pakistan, The Republic of China, Singapore, Saudi Arabia, Syria, and The United
Arab Emirates.
3. All parts of every other
geophysical place corresponding to a political entity or part thereof in which
the access, viewing, downloading, duplication, receipt or other use,
transmission, broadcast or dissemination of the Material would, or could reasonably
constitute, a violation of any law, regulation, rule or custom.
(c) You hereby agree to be
personally liable, and hereby agree to fully indemnify the Company, its
equityholders, officers, directors, employees, agents, representatives,
affiliates and subsidiaries for any and all damages directly, indirectly and/or
consequentially resulting from Your attempted or actual unauthorized access,
viewing, downloading, duplication, receipt or other use, transmission,
broadcast or dissemination of the Material. This indemnity shall apply, without
limitation, to any unauthorized access, viewing, downloading, duplication,
receipt or other use, transmission, broadcast or dissemination of the Material
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 including, but not limited to, damages
resulting from loss of revenue, loss of property, fines, attorney’s fees and
costs, damages resulting from prosecution and/or governmentally imposed
seizure(s), forfeiture(s), and/or injunction(s).
7.
Credit Card Processing
Company. To complete Your purchase You
will be transferred to the secured server of Jettis.com LLC a California
limited liability company ("JETTIS"). JETTIS is an independent
company providing credit card processing services, and other merchant banking
services, to website operators, such as the owner and operator of this Web
Site. JETTIS offers complete SSL encryption technology, which provides greater
security for Your transaction. JETTIS provides credit card processing services
for numerous web sites on this basis. JETTIS receives no financial benefit from
this Web Site other than a fee paid by the owner of this Web Site to JETTIS for
each transaction JETTIS processes for the Web Site. JETTIS is not a co-owner,
partner or joint venturer with the owner of this Web Site; rather, JETTIS is
merely an independent contractor providing services to the owner of this Web
Site on an arms length, contract basis. JETTIS EXERCISES NO CONTROL OVER THE
WEB SITE, or any of the matters or persons that appear in, on, or through this
Web Site. JETTIS has not reviewed the content of this Web Site or the products
and/or services offered hereon, and does not monitor the Web Site or its
content and/or products on a periodic or an ongoing basis. Given the large
number of sites for which JETTIS provides processing services, and the ease and
frequency with which a web site operator can and does change his, her or its
site, content and/or products and services, such monitoring would be
impossible. Accordingly, JETTIS makes absolutely no representations and/or
warranties, and provides no assurances, regarding the Web Site, the Web Site
owner, or the quality, availability, legality or description of the products
and/or services offered thereon. JETTIS expressly disclaims any warranties of
merchantability or fitness for a particular purpose with respect to this Web
Site and/or the products and services offered hereon. Any disputes arising in
connection with this Web Site, or the products and/or services being
offered/purchased, are matters strictly between You, the customer, and the
owner of this Web Site, in which JETTIS has absolutely no role. Again, JETTIS's
only function is to transmit information supplied by the customer to the Web
Site operator's credit card processor, and to relate and record the processor's
acceptance or rejection of that information. JETTIS urges You to carefully read
the Terms and Conditions on this Web Site, and (by using the contact
information on this Web Site), to ask the Web Site operator any questions You
may have regarding the service/product before completing the transaction. BY
SUBMITTING YOUR REQUEST FOR AUTHORIZATION OF YOUR TRANSACTION, YOU ACKNOWLEDGE
HAVING READ, UNDERSTOOD AND AGREED TO THE TERMS AND CONDITIONS HEREIN STATED,
AND AGREE TO INDEMNIFY, DEFEND, AND HOLD JETTIS HARMLESS FROM AND AGAINST ANY
AND ALL CLAIMS, LIABILITIES, DAMAGES (INCLUDING ATTORNEYS' FEES AND ASSOCIATED
COSTS) AND OTHER COSTS AND EXPENSES ARISING IN CONNECTION WITH YOUR VISIT TO OR
USE OF THIS WEB SITE, AND/OR YOUR PURCHASE OR OFFER TO PURCHASE ANY OF THE
PRODUCTS AND SERVICES OFFERED HEREON.
8.
MEMBERSHIP FEES AND
BILLING. You hereby agree that, upon Your
subscription to FOOTFETISH.COM, You shall be subject to certain immediate and
automatically recurring charges which shall be billed to Your credit card,
unless You cancel Your subscription under the terms and conditions of this
Agreement. The charges which You will incur, and hereby authorize, are as
follows:
(a) Trial Subscriptions.
You may subscribe to FOOTFETISH.COM for a specific period of time, under the then
current billing terms (as set forth on the sign-up page of FOOTFETISH.COM)
("Paid Trial Subscription").
(b) Automatic Renewal of Paid
Trial Subscription to Monthly Membership. All Trial Subscriptions shall
renew, automatically and without notice, to a Monthly Membership, at US$29.99
per month, or the then current Monthly Subscription Rate.
(c) Automatic Renewal of
Monthly Membership. All Monthly Memberships shall renew, automatically and
without notice, for successive periods of approximately one (1) month,
commencing upon the expiration of the Paid Trial Subscription, and continuing
thereafter for successive periods of approximately one (1) month, unless and
until this Agreement is canceled by You or the Company in accordance with the
terms hereof. Each period of approximately one (1) month shall be referred to
as the "Monthly Subscription Period."
(d) Cancellation by Company.
The Company may, at any time and at its sole discretion, cancel any Paid Trial
Membership or Monthly Membership; provided, however, if the Company cancels any
Paid Trial Membership prior to its expiration, the Company shall provide a full
refund therefore by automatic credit.
(e) Cancellation of Automatic
Renewal of Paid Trial Subscription to Monthly Membership. TO CANCEL
AUTOMATIC RENEWAL AT THE END OF THE PAID TRAIL SUBSCRIPTION, YOU MUST NOTIFY
THE COMPANY AT LEAST ONE (1) DAY PRIOR TO THE END OF THE PAID TRIAL PERIOD, BY
CONTACTING THE COMPANY BY E-MAIL, TELEPHONE OR U.S. MAIL (AT THE THEN CURRENT
E-MAIL ADDRESS, TELEPHONE NUMBER OR MAILING ADDRESS AS PROVIDED AT http://www.MediaPlus.com/).
(f) Cancellation of Automatic
Renewal of Monthly Membership. TO CANCEL AUTOMATIC RENEWAL OF YOUR MONTHLY
MEMBERSHIP AT ANY TIME, YOU MUST NOTIFY THE COMPANY BY E-MAIL, TELEPHONE, OR
U.S. MAIL (AT THE THEN CURRENT E-MAIL ADDRESS, TELEPHONE NUMBER OR MAILING
ADDRESS AS PROVIDED AT http://www.MediaPlus.com/).
(g) Cancellations Effective
Upon Receipt By Company. All cancellations received by the Company will be
effective upon receipt.
(h) No Pro-Rated Refunds for
Cancellation of Monthly Membership. You hereby acknowledge and agree that
if You cancel Your Monthly Membership, or if Your membership is cancelled by
the Company, Your username and password will be removed from the system at the
end of the then current Monthly Subscription period and that You will be
entitled to receive the full benefits of Your Monthly Membership until the end
of such period. You shall not be entitled to any pro-rated or partial refund if
You cancel Your Monthly Membership before the end of the then current Monthly
Subscription Period. You agree that if you cancel at any time after purchasing
a Monthly Subscription to FOOTFETISH.COM (e.g., 20 minutes after you sign up),
You will still be charged for the full Monthly Subscription period. You
acknowledge and agree that "instant access" to FOOTFETISH.COM shall not
mean "free preview" of FOOTFETISH.COM.
(i) Credit Card Charges
Authorized. You hereby authorize the Company to charge Your credit card
(which You hereby acknowledge was entered by You into the sign-up page) to pay
for the ongoing Subscription Fees to FOOTFETISH.COM at the then current
Subscription Rate. You further authorize the Company to charge Your credit card
for any and all purchases of products, services and entertainment available
through, at, in or on, or provided by, FOOTFETISH.COM. You agree to be personally
liable for all charges incurred by You during or through the use of
FOOTFETISH.COM. Your liability for such charges shall continue after termination
of Your membership.
(j) Automatic Credit Card or
Debit Card Debit. All charges to Your credit card or debit card for the
Paid Trail Subscription and/or the Monthly Membership, under the terms and
conditions of this Agreement, will be made in advance by automatic credit card
or debit card debit and you hereby authorize the Company and its agents to
process such transactions on Your behalf.
(k) Non-Refundable Charges.
All charges to your credit card are nonrefundable. In order to avoid such
charges, You must cancel your Paid Trial Membership or Your Monthly Membership.
(l) Billed Discreetly by "JetCharge" or “JetBill”, You understand and agree that Your Subscription to FOOTFETISH.COMwill be billed discreetly to your credit card as "JetCharge" or
“JetBill"
(m) Billing Records. Upon
request, Subscribers will be given access to billing records that support
charges for use of FOOTFETISH.COM.
9.
LIQUIDATED DAMAGES FOR
FRAUD. You hereby agree not to report, as
lost or stolen, any credit card or debit card which You have used in connection
with any payment to FOOTFETISH.COM, or as unauthorized, any charge for any goods
or services, including for any Paid Trial Subscription or Monthly Subscription,
for which You do not have good reason to believe is, in fact, lost, stolen or
unauthorized. You hereby agree that in the event of any such fraudulent
reporting of a lost or stolen credit card used to obtain goods or services from
FOOTFETISH.COM, or any fraudulent reporting of an unauthorized charge to
FOOTFETISH.COM on Your credit card or debit 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 FOOTFETISH.COM remains outstanding, You
shall be personally liable to the Company for liquidated damages in the amount
of US$25,000.00. The liability for liquidated damages specified in this
Paragraph shall not limit any other liability You may have for any breach(es)
of any other terms, conditions, representations and warranties set forth in this
Agreement.
10. SUBSCRIPTIONS NOT ASSIGNABLE. Subscriptions may not be assigned or transferred to any
other person or entity. You must promptly inform the Company of any and all of
the following: changes in the expiration date of any credit card or debit card
used in connection with FOOTFETISH.COM; change to Your name, the postal/zip code
for Your billing address, or e-mail address; apparent breaches of security,
such as loss, theft, unauthorized disclosure or use of an ID or Password. Until
Company is notified by U.S. mail or e-mail of a breach in security, the
Subscriber will remain liable for any unauthorized use of FOOTFETISH.COM.
11. LOGIN NAME & PASSWORD. Access to, and use of, FOOTFETISH.COM is through the use of
a unique Login Name and Password as selected by You. You hereby agree to keep
Your Login name and Password strictly confidential. For security reasons, the
Company will not release Login Names or Passwords. Unauthorized access to
FOOTFETISH.COM is a breach of this Agreement and may be a violation of law. You
acknowledge and give Your permission to the Company to collect statistical
information on Your source Internet Provider address, and agree that if You
share Your unique Login Name and/or Your Password with any another individual
or entity, that Your access to FOOTFETISH.COM is subject to immediate termination
without notice or reimbursement of any kind.
12. EQUIPMENT. Subscribers
are responsible for providing all personal computer and communications
equipment necessary to gain access to FOOTFETISH.COM.
13. NO SCREENING OF THIRD PARTY COMMUNICATIONS. Company does not screen or endorse advertisements or
communications submitted to FOOTFETISH.COM by third party licensees, advertisers,
or subscribers for electronic dissemination through FOOTFETISH.COM. Subscribers
are therefore advised to use their own judgment to evaluate all advertisements
and other communications available at or through the use of FOOTFETISH.COM prior
to purchasing goods and/or services described at FOOTFETISH.COM or otherwise
responding to any communication at FOOTFETISH.COM.
14. RESTRICTION OF MEMBERS' COMMUNICATIONS. 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 of service to Subscribers,
or post information at, in or on FOOTFETISH.COM, You agree not to post, submit,
publish, display, disseminate, or otherwise communicate, while connected to, or
otherwise directly or indirectly using, FOOTFETISH.COM or other services provided
to You by the Company, any defamatory, obscene, pornographic, profane,
inaccurate, abusive, threatening, offensive, or illegal material, or any
material which would violate or infringe the copyright, trademark, rights of
publicity, privacy rights or other rights of any person or entity. 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 the Company to
immediately terminate all rights to access FOOTFETISH.COM without notice or
reimbursement. You agree that You are solely responsible for all information
which you submit, publish, display, disseminate or otherwise communicate through
FOOTFETISH.COM, 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 FOOTFETISH.COM 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 the Company
directly or through FOOTFETISH.COM can be read by the operators and/or other
agents of Company, whether or not they are the intended recipient(s).
15. NO WARRANTIES. YOU
HEREBY AGREE THAT THE MATERIAL, 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 AVAILABILITY, ACCURACY, OR CONTENT OF
MATERIALS, INFORMATION, PRODUCT OR SERVICES, AND THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THE
COMPANY EXPRESSLY DISCLAIMS SUCH WARRANTIES. THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF THE MATERIAL, AND ALL SERVICES PROVIDED BY COMPANY, IS BORNE
EXCLUSIVELY BY YOU. SHOULD THE MATERIAL, 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 DIRECTLY AND INDIRECTLY 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 THE 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 KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
OR ANY AND ALL OTHER COMMERCIAL DAMAGES RESULTING FROM ANY USE OF MATERIALS OR
OTHER USE OF FOOTFETISH.COM.
16. LIMITATIONS OF LIABILITY. 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 THE COMPANY FOR THE PRECEDING MONTHLY BILLING PERIOD OR
PAID TRIAL PERIOD, AS APPLICABLE. 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 MATERIAL, DATA, ADVERTISEMENT OR OTHER
COMMUNICATION AT OR THROUGH FOOTFETISH.COM.
17. SERVICE MARK.
"FOOTFETISH.COM" is a service mark of the Company, as pending or
registered in the US Patent and Trademark Office. All rights are reserved.
18. NOTICES. Notices from FOOTFETISH.COM to Subscribers may be given by means of e-mail, by general posting on FOOTFETISH.COM, or by U.S. mail, which may include, but may not limited to, promotions, special offers, and other information about FOOTFETISH.COM and/or any other website(s) or business(s) affiliated with FOOTFETISH.COM. You also acknowledge and accept that these notices may come from FOOTFETISH.COM, or SEXYMAIL.COM, and/or any other entity or address associated with FOOTFETISH.COM. Furthermore, you hereby acknowledge and accept that by submitting a request for membership to FOOTFETISH.COM, whether the submission is successful or unsuccessful, that You are subject to receiving such Notices from FOOTFETISH.COM, and/or any other website(s) or business(s) affiliated with FOOTFETISH.COM.
Communications from You to the Company may be made by e-mail, U.S. mail or telephone. All questions, complaints, or notices to FOOTFETISH.COM may be sent by following the simple instructions located within the Customer Support Center. The Customer Support Center can be easily reached at the following Web site: http://www.MediaPlus.com/.
19. AFFILIATION.
FOOTFETISH.COM is not affiliated with any company or organization other than the
Company. No inference of association or affiliation with, or endorsement by any
company or organization is intended or should be inferred.
20. MISCELLANEOUS. This
Agreement contains the entire agreement between the You, the subscriber, and
the Company regarding Your use of FOOTFETISH.COM, and all Material and other
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 the 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
maybe 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.
21. AFFIRMATION OF AGREEMENT.
YOU HEREBY AFFIRM THAT YOU HAVE READ THIS ENTIRE 20 PARAGRAPH AGREEMENT AND
AGREE TO BE UNCONDITIONALLY BOUND BY 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 AND MAINTAINING A SUBSCRIPTION
TO FOOTFETISH.COM AND FOR ANY OTHER CHARGES WHICH YOU MAY INCUR FOR GOODS OR
SERVICES ORDERED AT OR IN ASSOCIATION WITH FOOTFETISH.COM. CLICK THE
"ACCEPT" BUTTON TO INDICATE THAT YOU HAVE READ THIS AGREEMENT ABOVE
IN ITS ENTIRETY, UNDERSTAND AND AGREE TO EACH AND EVERY TERM AND CONDITION SET
FORTH HEREIN, REPRESENT AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF
EIGHTEEN (18) YEARS (TWENTYONE (21) IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT
THE AGE OF MAJORITY) AND UNDERSTAND THAT THE MATERIAL AND OTHER MATERIALS
PRESENTED AT OR THROUGH FOOTFETISH.COM INCLUDE EXPLICIT VISUAL, AUDIO, AND/OR
TEXTUAL DEPICTIONS OF NUDITY AND HETEROSEXUAL, BISEXUAL, HOMOSEXUAL, AND
TRANSEXUAL SITUATIONS OF A SEXUAL NATURE, THAT YOU ARE FAMILIAR WITH MATERIALS
OF THIS KIND, AND THAT YOU ARE NOT OFFENDED BY SUCH MATERIAL. IF YOU DO NOT
AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, ARE NOT
OVER EIGHTEEN (18) YEARS OF AGE, (TWENTYONE (21) IN PLACES WHERE EIGHTEEN (18)
YEARS IS NOT THE AGE OF MAJORITY) OR ARE IN AN UNAUTHORIZED DOWNLOADING
LOCATION, YOU ARE NOT AUTHORIZED TO ENTER THIS SITE.
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