Before YOU are authorized to visit or access materials provided at the The
Babe Centerfolds website (referred to herein as "Service" or "website"),
YOU are required to read and accept the following Terms and Conditions of Access,
Use and Subscription (the "Agreement"). PLEASE TAKE CARE TO CAREFULLY
READ AND UNDERSTAND EACH AND EVERY PROVISION CONTAINED IN THIS AGREEMENT PRIOR
TO DETERMINING WHETHER YOU AGREE TO PROCEED INTO THIS WEBSITE.
Binding Agreement. This Agreement is made and entered into by and between YOU,
a person desiring to access and make personal use of the materials appearing
in the website ("YOU"), and M&K Entertainment, the owner and operator
of the The Babe Centerfolds website ("COMPANY"). For good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged by
YOU and COMPANY, and by further accessing or otherwise taking advantage of the
services and materials provided by The Babe Centerfolds, YOU agree to be bound
by all the terms and conditions set forth herein. Subject to the provisions
set forth in this Agreement, COMPANY grants YOU a non-exclusive, but wholly
revocable license, to access to the web site. This Agreement is subject to change
by COMPANY without notice and at any time, and changes are effective upon notice
to YOU by posting notice of changes here or by e-mail.
Local Laws. ALL TEXT, IMAGES, GRAPHICS, MESSAGES AND COMMUNICATIONS, FOUND IN The Sex Mail (COLLECTIVELY REFERRED TO HEREIN AS "CONTENT") ARE ONLY AUTHORIZED FOR DISTRIBUTION EXCLUSIVELY TO PERSONS OVER THE AGE OF MAJORITY (EIGHTEEN (18) YEARS OF AGE IN MOST JURISDICTIONS, BUT 21 YEARS OF AGE IN AL, MS, NE, NY ALL OTHER JURISDICTIONS WHERE 21 IS THE AGE OF MAJORITY) WHO ACCESS THE WEBSITE IN LOCATIONS WHERE SUCH CONTENT DOES NOT INFRINGE UPON OR VIOLATE ANY LOCAL STANDARD OF DECENCY OR ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES OR ANY OTHER COUNTRY. NO PERSON WHO IS UNDER THE AGE OF EIGHTEEN (18) YEARS (OR 21, WHERE APPROPRIATE) MAY DIRECTLY OR INDIRECTLY VIEW, DOWNLOAD OR POSSESS ANY OF THE CONTENTS OF The Sex Mail. YOU are responsible for knowing and understanding the standard of decency and other laws ad regulations in place in YOUR community concerning adult-oriented content, and COMPANY in no way represents or warrants that the content contained in The Sex Mail is compliant with YOUR local laws.
Sexual Content. THIS WEBSITE CONTAINS GRAPHIC DEPICTIONS OF NUDITY AND SEXUAL CONDUCT. YOU HEREBY ACKNOWLEDGE AND AGREE THAT CONTENT CONTAINED IN The Sex Mail REFLECTS EXPLICIT DEPICTIONS OF NUDITY AND HETEROSEXUAL, BI-SEXUAL, 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 MATERIALS. IF YOU ARE, OR MAY BE, SO OFFENDED, YOU ARE STRONGLY ADVISED TO REFRAIN FROM ACCESSING THE WEBSITE.
Restrictions on Use of Content. All content, including images, text, graphics, video and audio content (the "Content") contained in The Sex Mail is protected under the laws of copyright, owned or under license to COMPANY or its designees, and represents proprietary and valuable intellectual property. YOU cannot, under any circumstances, access, view, download, receive and make use of said Content except as specifically and in writing authorized by COMPANY. Upon becoming a subscriber member of the website, the COMPANY grants YOU a limited, non-exclusive, non-transferable, revocable license to access and view the graphics files, audio files, video files, text, hyperlinks, interlinks, search engines and other software associated with authorized subscriber member use of the Content. YOU agree that YOU 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. YOU hereby acknowledge and agree that no materials from any parts of The Sex Mail 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 designated as PROHIBITED AREAS below. YOU agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of materials from The Sex Mail , in which YOU 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 The Sex Mail and potentially other's intellectual property rights and other rights in such materials and shall further constitute a violation of COMPANY's trademark and other rights, including, but not limited to, rights of privacy.
PROHIBITED ACCESS AREAS
All of the following areas constitute PROHIBITED AREAS from which no part of The Sex Mail may be accessed, viewed, downloaded or otherwise received:
A. All parts of the United States of America in which the access, viewing, downloading or other use of materials at The Babe Centerfolds would, or could reasonably, constitute a violation of any law, regulation, rule or custom.
B. All parts of the following countries: Afghanistan, Kuwait, Iran, Iraq, Japan, Jordan, Libya, Pakistan, The Republic of China, Singapore, Saudi Arabia, Syria, The United Arab Emirates; and
C. All parts of every other geophysical place corresponding to a political entity or part thereof in which the access, viewing, downloading or other use of materials at The Babe Centerfolds would, or could reasonably, constitute a violation of any law, regulation, rule or custom. YOU shall at no time access, view, download, receive or otherwise use, or cause or enable any other person or entity to access, view, download, receive or make use of any portion of said Content, directly or indirectly in places where COMPANY does not authorize such access, viewing, downloading, receipt or other use, including but not limited to "Restricted Areas." As used herein, "Restricted Areas" means the following geographical areas: Any nation, state or province or portion thereof where the access, viewing, downloading or any other use of the Content would, or could reasonably, be a violation of any civil or criminal law, governmental regulation or court decision.
Regular Member Subscriptions. Upon subscribing to The Babe Centerfolds you authorize COMPANY, its affiliates, or associates at any time the right to sell, rent, or lease your e-mail address as it deems fit. You also agree to allow us to broadcast promotional newsletters to you on a regulkar basis to the e-mail address you have supplied in exchange for FREE and unrestricted access to our Free Ezine members areas.
Indemnification. YOU agree to indemnify and hold harmless COMPANY 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. YOUR representations and warranties include:
YOU at least 18 years of age (at least 21 in jurisdictions having 21 as the
age of majority);
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;
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.
You will not bookmark the Website so as to bypass these terms and conditions
of service unless you have read, understood and agreed thereto.
No Warranties. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. 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 COMPANY,
ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE
OF THIS PARAGRAPH. COMPANY IS NOT RESPONSIBLE TO YOU FOR ANY DELAY IN TANSMISSION
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.
Limitation of Liability. IN NO EVENT SHALL 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 OT USE, THE SERVICE OR THE CONTENTS THEREOF, EVEN IF COMPANY WAS PEVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY OTHER CLAIM BY YOU OR BY ANY OTHER PERSON. 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.
Termination of Subscription. The Service may be terminated by COMPANY at any time, with or without cause.
Advertising Messages. COMPANY does not screen or endorse advertisements or communications submitted to it by third-party licensees, advertisers, or visitors for electronic dissemination through The Babe Centerfolds. YOU are advised to use YOUR own judgment to evaluate all advertisements and other communications available at or through the use of The Babe Centerfolds prior to purchasing goods and/or services described therein or otherwise responding to any communication at The Babe Centerfolds.
Subscriber 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 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 The Babe Centerfolds 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 The Babe Centerfolds . You are solely responsible for all information which you submit, publish, display, disseminate or otherwise communicate through The Babe Centerfolds 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 The Babe Centerfolds 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 Avenue Media can be read by the operators and/or other agents of COMPANY, whether or not they are the intended recipient(s).
Notices. Notices from The Babe Centerfolds to Subscribers may be given by means of e-mail, by general posting on The Babe Centerfolds, 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 The Babe Centerfolds may be sent in the following manner: by means of electronic mail (CUSTOMER SERVICE).
No Affiliation. The Babe Centerfolds is not affiliated with any COMPANY or organization other than as set forth above. No inference of association or affiliation with, or endorsement by any COMPANY or organization is intended or should be inferred.
Information Usage Rights. We use customer contact information from the subscription form to send the user information about our company, a free E-mail newsletter and promotional material from some of our partners and affiliates. Occasionally contact information is used to contact you when necessary. Before you actually receive any promotional materials or other communications from us, you will be sent a confirmation email requiring you to reply and confirm that you wish to be added to the mailing list. If you do not respond, you will not be added to the subscriber list.
You may always opt-out of receiving future e-mailings. All of our communications contain 'opt-out' sections. Although we have not done so in the past, we reserve the right to sell your email address and/or demographic data to third parties with the proviso that any solicitations or communications from such third parties to your email address always contain 'opt-out' sections which 'opt-out' sections would, if you elect to 'opt-out', stop all future emails from us and from any third parties who we may have received your email address from us.
Demographic and profile data are also collected at our site. We may use this data to tailor our visitors' experience at our site showing them content according to their preferences. Anonymous demographic information is shared with advertisers and market researchers on an aggregate basis. As indicate above, any e-mail from us will always include specific instructions on how to unsubscribe.
We may in our sole discretion, develop and use consumer research based on Users' use of the service. All marketing information shall be subject, in all cases, to compliance with the applicable rules and regulations of the Communication Commission, and other relevant laws and regulations; as the same may be amended from time to time.
Entire Agreement. This Agreement contains the entire agreement between the Subscriber and COMPANY regarding Subscribers' use of the Service, Content 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 Florida. 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.