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Before you are authorized to purchase a membership and access the
protected materials provided (referred to herein as “Service” or
“website”), you are required to read and accept the following Terms of
Service & Conditions of Access, Use and Membership (the “Agreement”). This
Agreement is made and entered into between LustyLayla.com ("the company"),
and you ("you" or "your").
By joining, you are agreeing to these terms and conditions, and are
agreeing to be legally bound by them. This agreement is subject to change
at any time. Changes are effective when posted on this site without notice
upon each subscriber.
PLEASE READ CAREFULLY AND UNDERSTAND EACH AND EVERY PROVISION CONTAINED IN
THIS AGREEMENT PRIOR TO DETERMINING WHETHER YOU AGREE TO PROCEED INTO THIS
WEBSITE.
1. Explicit Adult Content
1.1 You hereby swear and affirm under oath, warrant and
represent that you are at least eighteen (18) years of age (21 in some
jurisdictions) and have the legal capacity to enter into agreements of
this nature. The company makes no representation or warranties that the
content published on this site complies with the local laws of your
jurisdiction. You are solely responsible for knowing and understanding
your local laws concerning standards of content legality for purposes of
obscenity laws. You further represent and warrant that you understand
the nature of the content published on this site, namely, sexually
explicit materials, and that you voluntarily and knowingly choose to
view such material and that such material does not offend or vex your
sensibilities. Should you be unable to affirmatively make the
representations and warranties contained herein, do NOT subscribe to
this Service.
2. Billing
2.1 Your membership purchases and transactions are
performed by our third party billier. By clicking joining, you authorize
our third party billier to charge your credit card according to
the terms of the membership.
3. Description of the service
3.1 The company will instantly provide you with a
username and password in order to access the members only area of the
website, in exchange for the membership fees.
3.2 The username and password are, and shall remain, the sole and
exclusive property the website, and are issued to you in the form of a
revocable license.
3.3 You have a strict obligation to keep the username and password
confidential. Should you have reason to believe that either may have
become compromised, you must immediately inform us. Sharing password are
not allowed and any members who are found to abuse their password will
have their account suspended immediately. We reserves the right to
terminate the membership at any time with or without cause.
4. On time reaction to subscribers' questions
4.1 There are no guarantee you will get a response
withing 24 hours. However, the website will do all in its power to
answer questions and inquires within 24 hours.
5. Accurate information on file
5.1 If the address or any other information pertaining
to your credit card is changed for any reason, including changes in the
home or billing address, changes in the card expiration date, or if your
credit card is lost or stolen, you must immediately inform the website
via e-mail. Your failure to do so is a material breach of this
Agreement, and, in the event of your failure to notify the website, the
company disclaims any and all responsibility for charges posted to a
lost or stolen credit card.
6. Cancellation of Membership
6.1 At any time, and without cause, subscription to the
Service may be terminated at by the company, the website, or the
subscriber upon notification by electronic mail, or by telephone. When
you request the termination, further charges for that particular
subscription are cancelled. You are liable for charges incurred by
yourself until termination of service. Cancellation requests should be
done BEFORE THE END OF THE BILLING TERM through our third party billing
support website.
7. Fraud warning
7.1 Payment for the services provided to you at and/or
through the website may be made by automatic credit card or debit card
debit and you hereby authorize the company 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 website, or as
unauthorized any charge by the website, 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 website, or any fraudulent reporting of an
unauthorized charge to the website 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 website
remains outstanding at the time of such fraudulent reporting, you shall
be liable to the company 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. Transfer of memberships
8.1 Memberships are non-transferable. You may not
release your username and password to any other person. Membership
information is strictly confidential. If such unauthorized transfer
occurs, the company reserves the right to immediately suspend or
terminate this Agreement.
9. Content download license
9.1 After you have become a member to the website, you
are hereby authorized a single license to download, copy, or print
material found on the site. This license shall be granted for sole use
via one computer. All memberships are provided for personal use and
shall not be used for any commercial purposes or by any commercial
entities. Commercial use of either the website or any material found
within is strictly prohibited. No material within the site may be
transferred to any other person or entity, whether commercial or
non-commercial. In addition, materials may not be modified, or altered.
Materials may not be displayed publicly, or used for any rental, sale,
or display. Materials shall extend to copyright, trademarks, or other
proprietary notices there from. The company and the website reserve the
right to terminate this license at any time if the terms of this
agreement are breached. In the case that the terms are breached, you
will be required to immediately destroy any information or material
printed, downloaded or otherwise copied from the site.
10. Changes to website
10.1 The website reserves the right to alter or delete
material from the site at any time without notification.
11. Availability
11.1 The website does not guarantee or warrant the
compatibility of your equipment, computer or software, including but not
limited to, the type of computer, computer configuration, browser
software, other software, Internet account, TCP/IP, Winsock or online
service. The website is not responsible for any interruption in service
or inability to access the website due to technical difficulties or
failure of the Internet, World Wide Web, phone lines, switching or any
other causes beyond its control.
12. Advertising warning
12.1 The website does not screen or endorse
advertisements or communications submitted to it by third-party
licensees, advertisers, or visitors for electronic dissemination through
the website. You are advised to use your own judgment to evaluate all
advertisements and other communications available at or through the use
of the website prior to purchasing goods and/or services described
therein or otherwise responding to any communication at the website.
13. Indemnification
13.1 You agree to indemnify and hold harmless the
company and the website from and against any claims, losses,
liabilities, actions, suits or other expenses (including reasonable
attorney's fees) arising out of a breach by you of any of your
covenants, representations or warranties contained herein. You
representations and warranties include:
- you are at least 18 years of age (or the legal
age in your jurisdiction);
- you understand that the Service includes graphic
depictions of sexually explicit materials and you freely and voluntarily
choose to gain access to and view these materials;
- you have never informed law enforcement, the
U.S. Postal Service or other governmental agency that you do not desire
to obtain or receive sexually explicit materials;
- your personal and credit card information,
provided to the company in connection with your trial and/or membership
subscription is true and accurate in all respects and you will promptly
notify the company of any changes in that information;
- you will not permit any other person or entity
to have access to your password or ID and you will at no time authorize,
permit or assist any other person, including but not limited to persons
who are minors, access to the Service.
14. No warranties
14.1 THE SERVICE IS PROVIDED ON AN “AS IS” BASIS. THE
COMPANY GRANTS NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE OTHER THAN THOSE WHICH ARE IMPLIED BY AND INCAPABLE
OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NO ORAL
OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY, EMPLOYEES SHALL
CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS PARAGRAPH.
THE COMPANY IS NOT RESPONSIBLE TO YOU FOR ANY DELAY IN TRANSMISSION OF
CONTENT OR WEBSITE DOWNTIME. You are responsible for having and
maintaining the personal computer equipment and Internet access
necessary to make use of the Service.
15. Severability
15.1 If any provision of this Agreement shall be held to
be invalid or unenforceable for any reason, the remaining provisions
shall continue to be valid and enforceable. If a court finds that any of
this Agreement is invalid or unenforceable, but that by limiting such
provision it would become valid or enforceable, then such provision
shall be deemed to be written, construed, and enforced as so limited.
16. Limitation of Liability
16.1 IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR
ANY OTHER PERSON FOR LOSS OF BUSINESS OR PROFITS OR FOR ANY INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF, OR
INABILITY TO USE, THE SERVICE OR THE CONTENTS THEREOF, EVEN IF THE
COMPANY WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR
ANY OTHER CLAIM BY YOU OR BY ANY OTHER PERSON. YOUR SOLE AND EXCLUSIVE
REMEDY IN THE EVENT OF A BREACH OF THIS AGREEMENT BY COMPANY IS A REFUND
OF NO MORE THAN ONE MONTH'S MEMBERSHIP FEE. The 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 the website.
17. Modification General recommendations
17.1 We recommend to print out all transaction data and
the Terms of Service and Conditions of the Membership and to keep them
at an easily accessible place.
18. Must agree
16.1 You acknowledge, represent and warrant that you
have read these terms and conditions and agree to be bound by them as
part of and in consideration of the membership.
If you have questions or comments please
webmaster@lustylayla.com
This agreement had been updated on:
Monday, Dec. 03, 2006
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