PLEASE READ CAREFULLY! YOU ARE AGREEING TO THESE TERMS
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Terms & Conditions of Viewing, Preview, Consideration, Membership, Access & Participation for Real X Media Group (sm) Web Site(s)/Material:
ORIGINAL IMPLEMENTED TERMS DATED: April 21st, 2006
Subject to amendment and revision notations incorporated and dated at the end of this agreement. (no active revisions as of this date)
1) NOTICE AND WARNING:
This web site contains extremely graphic and explicit sexually oriented material in a wide variety. It is for ADULT viewing only. If you are not at least 18 years of age and/or legally allowed to view this type of material for any reason - YOU ARE NOT ALLOWED TO GAIN ACCESS. If you are offended by ANY type of sexual activity/material/theme/preference YOU SHOULD NOT PROCEED TO GAIN ACCESS to this web site. If you feel that any party or individual MAY, in any way, potentially be damaged, offended or harmed to any degree as a result of you gaining access to this material and web site YOU SHOULD NOT PROCEED TO GAIN ACCESS. YOU ARE WHOLLY RESPONSIBLE AND LIABLE FOR THE DECISION TO CONTINUE AND, ULTIMATELY, GAIN ACCESS TO THIS MATERIAL AND WEB SITE WITHOUT RECOURSE AND WITH THE FULL TERMS AND CONDITIONS OF THIS AGREEMENT FULLY AND PERPETUALLY BINDING UPON YOU IF YOU CHOOSE TO PROCEED.
2) PARTIES TO AGREEMENT:
This is a binding agreement between you, the proposed or active member, and K4I Productions, Inc. DBA: Real X Media Group. Upon sign up and payment your billing statement will reflect K4I Productions, Inc. OR any third party billing company that may be designated at the time of original sign up.
3) DEFINITIONS:
"Material" is defined herein as any image, video, text, web page(s), graphic or digital rendering or otherwise and in any form. "I" or "you(r)" refers to the prospective "customer/member/subscriber" (you(r)) who is certifying entrance into this agreement for value received. The terms "owners" or "operators" refers to those persons or entities, directly or indirectly, providing material entertainment to the prospective or active customer/member/subscriber for consideration received. "Access", "Membership" or "Subscription" refers to the product offered by the owner/operators. "Purchase(d)" refers to any tangible, physical product delivered to you. "Sign Up" refers to the first, initial process of the customer (you) to gain access to material and agree to these terms and conditions.
4) CONSIDERATION:
The owners/operators of this and/or other owned web sites are providing consideration in the form of entertainment material to the prospective or active customer/member/subscriber in return for monetary consideration - or the ability to consider providing such monetary consideration by viewing previews - as described herein and/or within the web page(s) where their (your) participation was solicited and/or consummated.
5) CERTIFICATION OF AGE AND PURPOSE:
By continuing, I certify that I am an adult over the age of 18 years AND that I am legally and morally allowed to access, view and download any sexually explicit material or content which is or may be contained within. I certify that I am accessing this material for my own personal pleasure and entertainment and for absolutely no other reason. Access to this web site or any other web site or entity owned and operated by the owners/operators of this web site for the purpose of conducting a search or research relative to any civil or criminal legal action, or potential action, is strictly forbidden without the express written permission of the owners/operators of this or other web sites that may be accessed.
6) CERTIFICATION OF WILLINGNESS AND ABILITY TO ACCESS:
I further certify that I completely understand I will be accessing extremely graphic and sexually oriented material and that I am/will not be offended or damaged in any way by viewing or downloading this material. I believe that this material has value both to myself and to society in general. I certify that this material is not, in any way, considered obscene or illegal within my community or any community from which I may initiate access to this material.
7) PERSONAL USE AND RESTRICTION FROM MINORS:
I understand that I will be granted access to this material and web site(s) for my own personal pleasure AND individual entertainment and that no other individual is authorized under any circumstances to view this material either in my presence or otherwise. I certify that I will take substantial precautions to ensure that no minor or unauthorized individual will gain access to any of this material in any way. I accept full personal liability and responsibility to ensure this.
8) USE OF MATERIAL AND DAMAGES:
I understand that I may be allowed to download and save, for my personal use and entertainment, all or some of the material contained within this or other web sites that I may be granted access to - or allowed to purchase through my access in one manner or another. I agree that it is expressly forbidden to redistribute or use any of this material for any other reason except for my own private viewing from my own personal equipment and for my own personal entertainment. I agree that unauthorized use or distribution of any downloaded or purchased material will incur substantial damage upon the owners/operators of this web site(s)and/or the original producers of any material who may otherwise hold any copyright to any material. I agree that, in the event of unauthorized use or distribution of any material, damages shall not be less than (or limited to) $1,000.00 (USD) PER instance of distribution AND PER persons allow to view any material obtained as a result of your granted access to any web site(s) or purchase made via that access or otherwise. In the event of an undeterminable amount of unauthorized persons allowed to view any material as a result of the actions of the prospective/active - customer/member/subscriber, a MINIMUM amount of 5,000 persons (but not limited to) shall be the base for consideration of damages PER instance of unauthorized distribution - and further multiplied by the number of ALL parties who can show damages as a result of these unauthorized actions. FOR EXAMPLE: Unauthorized posting or distribution of any ONE piece of material obtained as a result of your access here on ANY ONE unauthorized web site or web page, without express written permission of the owners/operators, would result in MINIMUM DAMAGE LIABILITY of $5,001,000.00 (USD) to potentially EACH of more than one party - PER INSTANCE. You herein ACCEPT this liability commitment (NOTE: As clearly labeled throughout, IP addresses, ISP's and PC ID's are recorded for the purposes of fraud and copyright prosecution - ONLY).
9) MULTIPLE MEMBERSHIPS AND UPGRADES:
From time to time, the owners/operators may offer active customer/member/subscribers additional or "upgrade" options that will allow the customer/member/subscriber access to additional entertainment material. Any such offers MAY create multiple memberships and access criteria for the customer/member/subscriber. It may also create multiple billing cycles and charges for the customer/member/subscriber as clearly stated in the sign up procedure. It MAY also create the need to cancel, if desired, multiple memberships to terminate all billing from the owner/operators. If you have multiple access privileges - the cancellation of ONE MAY NOT CANCEL THE OTHER(S). This is simply due to complications in programming billing and combining membership options and billings. Herein, I agree to this procedure.
10) RELEASE OF LIABILITY:
I expressly agree to hold the producers of this material; the producers of this web site(s); the owners of this material and/or web site(s); their employees; contractors; affiliates; subsidies; shareholders; officers; heirs; assigns or otherwise fully harmless and exempt from any liability, damages or legal action/recourse in any way as a result of gaining access to this web site(s) and viewing any material contained within at any time now or in the future.
11) INCORPORATION OF TERMS AND CONDITIONS STATED AT SIGN UP:
I understand that any terms and conditions stated in any text on the main sign up page for access to this web site(s)/material is to be considered incorporated into this terms and conditions agreement and shall amend and/or prevail over any conflicting terms and conditions within this statement and agreement. However, proof of any incorporated sign up terms or amendments must be available to enforce any dispute.
12) AUTOMATIC RECURRING BILLING AND CANCELLATION:
I understand that all access memberships/subscriptions are automatically recurring (renewable - re-billable) at the prevailing membership price (as stated upon sign up) without notice every month or as otherwise stated on the main membership sign up page which is incorporated herein. I expressly authorize the owners/producers or their authorized billing agent to automatically charge my credit/debit card without prior notice according to these terms and in the appropriate amount and at the appropriate intervals. I understand that I MAY CANCEL my continued access/membership at any time prior to my next automatic billing date. Automatic renewal billings are executed one day prior to the expiration of the membership/subscription on an ongoing basis. Memberships referred to as per "month" or "monthly" are to be considered for a period of 30 days which may alter the exact billing and expiration from month to month depending upon the number of days in each calendar month. I understand that I will find a contact link to accomplish cancellation towards the bottom of the main home page of this/any specific web site/domain and/or within the specific members areas or support link. I understand that my membership access will be IMMEDIATELY terminated without proration or credit for any previous payments.
13) CANCELLATION FEE BASED ON VALUE FOR VALUE:
I understand that the owners/operators of any web sites that I may be granted access to are doing so at what I consider to be a very low and highly competitive price for the value offered and that this is based upon the continued active membership/subscription of my access for an extended period of time - even though there is no obligation to continue. Therefor, I understand and agree that any cancellation executed by me at anytime prior to no less than 12 billing cycles will incur an immediate and automatic fee of $9.95 (USD) billed to my credit/debit card of record - and at the owner/operators discretion.
14) FICTITIOUS MATERIAL, ENTERTAINMENT AND CLAIMS:
I understand that any or all of the material offered anywhere within this web site should be considered wholly fictitious. Any resemblance to any third party or otherwise are unintended and coincidental. Any material expression of sexual activities, preferences, experiences, names or testimonials are to be considered purely fictitious and offered for entertainment or promotion only. I will not give or promote any credence to any material, claims or expressions within this web site.
15) ARBITRARY TERMINATION:
I understand that my access/membership may be immediately and arbitrarily terminated at any time and for absolutely any reason without notice by the owners/producers/management of this web site(s) without prorating or refund of time or funds.
16) RIGHT TO CHANGE AND/OR AMEND THIS AGREEMENT:
I understand and agree that circumstances may dictate that this agreement must be changed or amended at any time without notice by the owner/operators. In the event of any such changes, the last version of the "Terms and Conditions" will be replaced with the current version of this agreement and accessible for review from any appropriate web site(s) of the owner/operators. The currently posted "Terms & Conditions" shall be considered a binding amended/revised version of this agreement upon both parties with revision notations appearing at the bottom of this original agreement.
17) PRIVACY POLICY AND FRAUD PROTECTION:
Under NO circumstances will the owners/operators ever disclose any personal information of any customer except as may be required by law or subpoena. All information is transmitted securely and sensitive information is NOT stored anywhere on the Internet. IP addresses and other fraud protection information is securely recorded for the owner/operators recourse in the event of fraud.
18) SEVERABILITY:
If any portion of this agreement is ever judged to be unenforceable or invalid for any reason it shall not void or invalidate this entire agreement. The unenforceable portion of the agreement shall be severed from the agreement and the remaining elements of the agreement shall remain in full force and effect.
19) RESOLUTION OF DISPUTES AND JURISDICTION:
I agree that I will not initiate any type of billing dispute through my bank/credit card company prior to a diligent, documented and repetitively ongoing effort to contact the owners/operators of this web site(s) first to resolve any issues. This contact should be initiated through the current and appropriate contact methods clearly offered from the owner/operator web site(s). In the event that I initiate any such action with my bank/credit card company without a diligent and documented effort to contact the owners/operators to resolve the issue, I agree that substantial damages could be incurred by the owners/operators, due to this lack of diligence, that extend well beyond the cost of any disputed charges. In the event of legal action brought by any party to this agreement, the domain of jurisdiction shall be the United States of America and/or the State of incorporation of the owners/operators as is appropriate and defined by State and Federal laws of the United States of America.
20) TOTAL AGREEMENT AND SIGNATURE:
I agree that by proceeding to gain access to the members area of this web site and material and, further, providing my personal and credit/debit card information as required - I have fully read, understand and agree to these terms and conditions without reservation. Furthermore, I agree that by proceeding and gaining access to this material/web site(s) it shall be considered complete, willing and binding acceptance to ALL terms and conditions stated herein and binding upon me as if it were my own personal signature. Furthermore, there are no other agreements between the parties unless specifically stated and documented in writing OR as noted in the stipulated paragraph herein relative to the owner/operator's right to amend and post the amended agreement as necessary. I FINALLY ACKNOWLEDGE THAT I AM/HAVE BEEN REQUIRED TO MANUALLY ACKNOWLEDGE AGREEMENT TO THESE "TERMS AND CONDITIONS" TWICE PRIOR TO GAINING ACCESS TO ANY RESTRICTED MEMBERS AREAS.
REVISIONS & AMENDMENTS:
Below are any revisions and/or amendments to this agreement as authorized in paragraph (16) of this agreement. We have chosen to provide a documented list of revisions (as opposed to directly amending the dated agreement above) to allow our active customers/members an easy, documented and dated reference to any revisions in this agreement the owners/operators find necessary to implement at any time.
AS OF THIS DATE, THERE ARE NO REVISIONS/AMENDMENTS THAT APPLY.