Terms and Conditions
1. By entering the “Site” you, the user, agree to be bound by these Terms and Conditions. By purchasing a membership to the Site, you become a Full Member and agree to be bound by these Terms and Conditions. In these Terms and Condition, the terms “Member” and/or “Full Member” and/or “Membership” and/or “Full Membership” shall refer to the “Site”.
2. Please read the Additional Terms and Conditions as well.
3. These Terms and Conditions are subject to changes by us at any time, and changes are effective immediately without notice upon each user and/or Member. Our site may terminate, at any time, one or more of the services and/or features of the Site, without notice upon each user and/or Member. Please read the relevant sections regarding the Site’s refund policy.
4. Your Membership is non-transferable and non-assignable.
5. By becoming a Member, you hereby authorize the imposition of charges to your credit card for all Membership fees as well as for any further goods and/or services at, through and/or from or pertaining to the Site.
6.THE SITE IS DESIGNED AND INTENDED SOLELY FOR CONSENTING ADULTS – WHO ARE AT LEAST 18 YEARS OLD (21 IN AL, MS, NE, WY, AND ANY OTHER LOCATION WHERE 18 IS NOT THE AGE OF MAJORITY)- WHO ARE INTERESTED IN AND WISH TO HAVE ACCESS TO VISUAL IMAGES, VERBAL DESCRIPTIONS AND AUDIO SOUNDS OF A SEXUALLY ORIENTED, FRANKLY EROTIC NATURE. THE MATERIALS WHICH ARE AVAILABLE WITHIN THIS SITE MAY INCLUDE GRAPHIC VISUAL DEPICTIONS AND DESCRIPTIONS OF NUDITY AND SEXUAL ACTIVITY AND SHOULD NOT BE ACCESSED BY ANYONE YOUNGER THAN 18 YEARS OLD (21 IN AL, MS, NE, WY, AND ANY OTHER LOCATION WHERE 18 IS NOT THE AGE OF MAJORITY) OR WHO IS OFFENDED BY SUCH MATERIALS OR WHO DOES NOT WISH TO BE EXPOSED TO SUCH MATERIALS. BY PURCHASING A MEMBERSHIP YOU ARE MAKING THE FOLLOWING STATEMENTS: “UNDER PENALTY OF PERJURY, I SWEAR/AFFIRM THAT AS OF THIS MOMENT, I AM AN ADULT, AT LEAST 18 YEARS OF AGE (21 IN AL, MS, NE, WY, AND ANY OTHER LOCATION WHERE 18 IS NOT THE AGE OF MAJORITY). I PROMISE THAT I WILL NOT PERMIT ANY PERSON(S) UNDER 18 YEARS OF AGE (21 IN AL, MS, NE, WY, AND ANY OTHER LOCATION WHERE 18 IS NOT THE AGE OF MAJORITY) TO HAVE ACCESS TO ANY OF THE MATERIALS CONTAINED WITHIN THIS SITE. 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, WHICH 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. 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.”
7. RESTRICTED LOCATIONS THE SITE MAY NOT BE ACCESSED, VIEWED, DOWNLOADED OR OTHERWISE RECEIVED IN ANY COUNTRY OR LOCATION IN WHICH DOING SO WOULD, OR COULD BE DEEMED A VIOLATION OF ANY LAW, REGULATION, RULE, ORDINANCE, EDICT OR CUSTOM.
8. NON-ASSIGNABILITY / THEFT OF LOGIN You’re Membership, username and password (Login) may not be assigned or transferred to any other person or entity. Users and Members must promptly inform us or the Site of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a username or password. Until the Site is notified, by e-mail, or by telephone of any breach in security, you will remain personally liable for any unauthorized use of the Service.
9. As a Member you are personally liable for, and shall defend, indemnify and hold harmless 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 user or Member or with or under the authority of any other including governmental agency.
10. A Full Membership to the Site provides you with permission to use features of the Site for personal, non-commercial use. As customers, visitors to the Site hereby granted with authorization to download on a single computer only, 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; or transfer any material located on the Site to any other person.
11. If you make repeated, unsuccessful attempts to log-in to the Site, you may be temporarily blocked from logging-in to the Site. This is done in order to prevent attacks on the Site that may influence on the Site’s services.
12. You must keep your Login strictly confidential. For security reasons, site will not release passwords for any reason, to anyone other than to Members, except as may be specifically required by law or court order.
13.THE MATERIALS ON THE SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. SITE OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE. SITE 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.
14. THE SITE 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.
15. Under no circumstances shall the Site be held liable for any direct or indirect damages, to any user, participant and/or other third party that may arise due to “downtime” and/or availability of the Site or the Site’s systems.
16. IN THE EVENT THE SITE 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 THE SITE AND THE SITE OWNER SHALL BE LIABLE 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 THE SITE OR THE SITE OWNER, OR ANY OF THEIR SUPLIERS, 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.
17. All materials on the Site are proprietary, constitute valuable intellectual property, are copyrighted and are protected under treaty provisions and worldwide copyright laws. The Site’s materials may not be reproduced, copied, edited, published, transmitted or uploaded in any way without written permission.
18. Any notes, messages, e-mails, pictures, ideas, suggestions, concepts or other material submitted will become the property of Site throughout the universe and The Site shall in entitled to use the material for any type of use forever including in any media whether now known or hereafter devised. When you submit material to site, you agree that Site HAS THE RIGHT to publish the material for any type of use including promotional, commercial and advertising purposes.
19. The Site is not responsible for any material posted on our forums.
20. Site may transfer any and all of your information to related parties and its affiliates. Among others, the Site may disclose any and all personal information to other people or agencies in order to: (a) Follow the law or comply with legal process served on our affiliates; (b) Protect and defend our rights or property or those of our users; (c) Act as quickly as needed to protect the personal safety of our users or other people;
21. The Site enables you to share information with other Members and/or users. The Site also enables you to use a message center. You agree not to submit, publish, or display any defamatory, inaccurate, abusive, threatening, racially offensive, or illegal material on the Site and/or on the message center. Transmission of such material that violates any federal, state, or local law, is prohibited and is a breach of these Terms and Conditions. You understand that the Site may not allow you to send emails, in case you exceed a daily number of emails. You agree not to engage in advertising to, or solicitation of other Members and/or users to buy or sell any products or services through the Site without prior written consent. You alone are responsible for information you send, or display through the Site even if a claim should arise after termination of service. All messages you send via the Site shall be deemed to be readily accessible to the general public. Do not use the Site for any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered into this Site can and may be read by the operators of the Site, whether or not they are the intended recipient(s). Site operates a service, which will address users, at its sole discretion, and help users connect to the Site’s nature. Among others, this service will encourage the users to write to other users and/or to the service itself, by emailing the users. These emails/messages shall bear the following sign on the bottom of the email/message: ***. As a user you may receive occasional emails from other users on the Site, forwarded by the Site to you as well as to the other users of the Site. These emails shall bear the word: forward on them. BY ACCEPTING THESE TERMS AND CONDITIONS, AND AS A USER OF THE SITE, YOU AGREE TO RECEIVE SUCH EMAILS, BOTH FROM THE SITE, AND FROM OTHER USERS AS FORWARDED TO YOU BY THE SITE. YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS, AS EXPRESSLY INDICATED BY CLICKING ON THE BUTTON BELOW, INDICATES THAT AS A SUBSCRIBER YOU WISH TO RECEIVE SUCH EMAILS. As described above, Site may from time to time send you email to help users connect to the site’s nature. These emails will be sent to the Message Center of the Site. If at any time you wish to stop receiving such emails, all you need to do is press on unsubscribe link in this emails. Every user of the Site hereby warrants and represents that he or she is over the age of 18 (21 in AL, MS, NE, WY, and any other location where 18 is not the age of majority), and in all respects is qualified and competent to enter into this agreement.
22. The message center enables you and other users and/or Members to view what other users and/or Members are online at that time. By using the Site you agree to enable others to know that you are online and to be contacted while on line.
23. In addition to these Terms and Conditions, the Site may have additional Terms and Conditions that are, and shall become, an integral part of these Terms and Conditions. All Terms and Conditions apply to the Site, and to users and/or Members (where relevant). These Terms and Conditions supersede all prior written or oral understandings, writings and representations and may only be amended by the Site. If any provision of these Terms and Conditions is held void or unenforceable to any extent, such provision shall be deemed excised and removed only to the extent to make the remaining provisions and these Terms and Conditions enforceable. Unless otherwise specifically provided, the provisions of these Terms and Conditions shall survive its termination.
24. In any case the Site is terminated and ceases all operations on the Site it is hereby clarified that all Memberships (of all kinds) are terminated immediately, without any prior notifications by any party.
25. Notices by the Site to you may be given by means of electronic messages through the Site, by a general posting on the Site, or by conventional mail. Notices by you to the Site may be given by electronic messages, conventional mail, telephone or fax unless otherwise specified in these Terms and Conditions. All questions, complaints, or notices regarding the Site must be sent by clicking on the “Contacts” button below
Any charges through our payment processor Zombaio will read ZOMBAIO.COM on your cardholder statement. The merchant on file and general commercial agent is WEBPOWER Media Club Ltd, with outlet location and principle place of business at Strovolou 77, Strovolos Center, 2018, Cyprus. Any complaints in regard to site access or purchases on this site shall be directed to the merchant and authorized sales agent to the postal address or to email firstname.lastname@example.org. The legal jurisdiction that governs the contract between the merchant and the cardholder is Cyprus.