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These Terms
and Conditions also govern your membership to the SITE if you become a
member. By accessing, using, viewing, reading, printing, installing, or
downloading any material from the SITE, or becoming a member to the SITE,
you agree to be bound by these Terms and Conditions. This Agreement is
intended to be governed by the Electronic Signatures in Global and National
Commerce Act (E-Sign Act). You manifest your agreement to these Terms
and Conditions by any act demonstrating your assent thereto, including
clicking any button containing the words “I agree” or similar
syntax. You may submit a paper copy of this transaction and print this
form for your personal records. You have the right to withdraw your consent
to use the E-Sign Act by emailing us. Your consent to use the E-Sign Act
is limited to providing the information on this form. Access to this electronic
record requires a simple browser program such as Internet ExplorerTM or
NetscapeTM and a computer. These Terms and Conditions are subject to change
by the SITE without prior notice, at any time, in its discretion. Notification
of any changes will be posted on this page. You agree to review this page
periodically to be aware of such changes. If these changes are unacceptable
to you, you must terminate your membership as provided below. Your continued
use of the SITE following the effective date of any such changes constitutes
your full acknowledgement and acceptance of these changes.
If you do not agree to be bound by these Terms and Conditions, you may
not enter the SITE, you must exit the SITE immediately, you may not use
or access the SITE, and you may not print or download any materials from
them. You may use and access the SITE only in accordance with these Terms
and Conditions. Please consult these Terms and Conditions regularly and
read them carefully before using the SITE. You affirm that you have read
this Agreement and understand, agree and consent to its Terms and Conditions.
You are solely responsible for obtaining access to the SITE and that access
may involve third party fees (such as Internet service provider or airtime
charges). You are responsible for those fees, including those fees associated
with the display or delivery of advertisements. In addition, you must
provide and are responsible for all equipment necessary to access the
SITE.
I.
Images and Content
These SITE contain images and content, including but not limited to text,
software, images, graphics, data, messages, or any other information,
and any other World Wide Web Site owned, operated, licensed, or controlled
by SITE (collectively, “Materials”). All Materials displayed
on the SITE are protected by the First Amendment rights to Free Speech,
Free Expression and Freedom of the Press, and parallel provisions of other
constitutions. You acknowledge that the SITE may offer online content
that could be deemed “adult” or “erotic” in nature.
Additionally, you are on notice that some of the Materials presented on
the SITE may contain graphic visual depictions, graphic audio, and descriptions
of sexually oriented, explicit, offending, or disturbing activities. You
acknowledge that you are aware of the nature of the Materials provided
by the SITE, that you are not offended by such Materials and that you
access the SITE freely, voluntarily and willingly. You also acknowledge
that this SITE is intended to contain only images protected by the First
Amendment to the United States Constitution. If you are seeking information
regarding illegal activities, please leave this SITE immediately. You
are further aware of the community standards of your community, and you
will only access the content on the SITE if you believe, upon diligent
investigation, that the content on the SITE does not offend the community
standards prevalent in your community. You further agree not to use or
access the SITE if doing so would violate the laws of your state, province
or country.
II.
Age of Majority and Membership
A. Age of Majority
You represent and warrant you are at least 18 or 21 years of age, depending
on the age of majority in your jurisdiction, and that you have the legal
capacity to enter into this Agreement. If you are not at least 18 or 21
years of age, depending on the age of majority in your jurisdiction, you
must exit the SITE immediately and may not use or access the SITE or print
or download any Materials from them. You may be asked to verify your birth
date on the Birth Date Verifier™ form as a condition of entry onto
the SITE, pursuant to 28 U.S.C. §1746. You agree not to bypass any
security and/or access feature on this SITE. Additionally, the SITE does
not assume any responsibility or liability for any misrepresentations
regarding a user’s age.
B. Membership
Membership may not be assigned, transferred, or sold to a third party.
The SITE and its affiliates disclaim any and all liability arising from
fraudulent entry and use of the SITE. If a user fraudulently obtains access,
the SITE may terminate membership immediately and take all necessary and
appropriate actions under applicable federal, state, and international
laws.
III.
No Child Pornography
You understand that all models appearing on this SITE are, and were at
the time of all recorded images, at least 18 years of age, and that our
SITE contains no child pornography. If you seek any form of child pornography,
you must exit this SITE immediately. You acknowledge that all Materials
on the SITE are protected by the First Amendment. We take a strong and
definite stand against child pornography and only allow images and Materials
that are protected by the First Amendment. If you identify any images,
real or simulated, depicting minors engaged in sexual activity within
the SITE, please report the images to the SITE. Include with your report
any appropriate evidence, including the date and time of identification.
All reports will immediately be investigated and the appropriate action
will be taken. We enthusiastically cooperate with any law-enforcement
agency investigating child pornography. If you suspect other outside websites
are participating in unlawful activities involving minors, please report
them to www.asacp.org. Users should implement parental control protections,
such as computer hardware, software, or filtering services, which may
help users to limit minors’ access to harmful material.The records
required by Section 2257 of Title 18 of the United States Code with respect
to visual depictions of actual sexually explicit conduct are kept by the
custodian of records, David Watson. at 3604 Beyer Blvd 17-205, San Ysidro,
CA 92173. The custodian can be reached electronically at admin@xxtreeme.com.
IV.
Access to, Limited License, and Interference with, SITE
A. Access
To access the SITE or some of the resources it has to offer, you may be
asked to provide certain registration details or other information. It
is a condition of your use of this SITE that all information you provide
will be correct, current, and complete. If the SITE believes the information
you provide is not correct, current, or complete, the SITE has the right
to refuse you access to the SITE or any of its resources, and to terminate
or suspend your access at any time.
B. Limited License
Subject to these Terms and Conditions and in consideration of using the
SITE, the SITE hereby grants you a limited, nonexclusive, nontransferable
personal license to access and use the SITE and the Materials contained
therein. The SITE provides the Materials on this SITE for the personal,
non-commercial use by viewers, fans, visitors, subscribers and/or potential
subscribers of said SITE. Users of this SITE are granted a single copy
license to view Materials (on a single computer only). All Materials on
the SITE shall be for private non-commercial use only, and all other uses
are strictly prohibited. SITE reserves the right to limit the amount of
materials viewed. You agree to prevent any unauthorized copying of the
SITE, or any of the Materials contained therein. Any unauthorized use
of the SITE or any of the Materials contained therein terminates this
limited license effective immediately. This is a license to use and access
the SITE for its intended purpose and is not a transfer of title. You
represent and warrant that you will not allow any minor access to this
SITE and that you will not copy or redistribute any of the content appearing
on this SITE. SITE reserves the right to terminate this license at any
time if you breach or violate any provision of this Agreement, in which
case you will be obligated to immediately destroy any information or materials
you have downloaded, printed or otherwise copied from this SITE. Violators
of this limited license may be prosecuted to the fullest extent under
the applicable law.
C. Interference
Except where expressly permitted by law, you may not translate, reverse-engineer,
decompile, disassemble or make derivative works from our SITE’s
Materials. User hereby agrees not to use any automatic device or manual
process to monitor or reproduce the SITE, and will not use any device,
software, computer code, or virus to interfere or attempt to disrupt or
damage the SITE or any communications on it.
V.
Restrictions on Use of SITE
You may use the SITE only for purposes expressly permitted by the Terms
and Conditions of the SITE. You may not use the SITE for any other purpose,
including any commercial purpose, without the SITE’s express prior
written consent. Without the express prior written authorization of the
SITE, you may not: (a) duplicate the SITE or any of the Materials contained
therein (except as expressly provided above in Paragraph IV); (b) create
derivative works based on the SITE or any of the Materials contained therein;
(c) use the SITE or any of the Materials contained therein for any public
display, public performance, sale or rental; (d) re-distribute the SITE
or any of the Materials contained therein; (e) remove any copyright or
other proprietary notices from the SITE or any of the Materials contained
therein; (f) frame or utilize any framing techniques in connection with
the SITE or any of the Materials contained therein; (g) use any meta-tags
or any other “hidden text” using the SITE’ name or marks;
(h) “deep-link” to any page of the SITE (including the homepage);
(i) circumvent any encryption or other security tools used anywhere on
the SITE (including the theft of user names and passwords or using another
person’s user name and password in order to gain access to a restricted
area of the SITE); (j) use any data mining, robots or similar data gathering
and extraction tools on the SITE; (k) decompile, reverse engineer, modify
or disassemble any of the software aspect of the Materials except and
only to the extent permitted by applicable law; (l) sell, rent, lease,
license, sublicense, transfer, distribute, re-transmit, time-share, use
as a service bureau or otherwise assign to any third party the Materials
or any of your rights to access and use the Materials as granted in Paragraph
IV above; or (m) bookmark any page of the SITE beyond the registration
log-in screen. You agree to cooperate with the SITE in causing any unauthorized
use to cease immediately. At any time, if the SITE provides a service
enabling users to share information or communicate with other users, you
hereby agree not to publish, disseminate or submit any defamatory, offensive
or illegal material while using the SITE or other services included on
the SITE. You are solely responsible for submitting any material that
violates any United States or International laws even if a claim arises
after your service is terminated, and, by doing so, your actions shall
constitute a material breach of this Agreement and the SITE shall terminate
all your rights under this Agreement.
VI.
Membership
A. Registration
You are responsible for providing all equipment and the computer necessary
to access the SITE. You may access the non-public portion of the SITE
only by being a member in good standing to the SITE. The SITE reserves
the right to modify Materials and the SITE’s design at anytime,
with or without prior notice. You may become a member of the SITE by completing
an online registration form, which must be accepted by SITE, and you must
pay the subscription fee. Upon submission of the online registration form,
SITE or its authorized agent will process the application. In connection
with completing the online registration form, you agree to: (a) provide
true, accurate, current and complete information about yourself as prompted
by the registration form (such information being the “Registration
Data”) and (b) maintain and promptly update the Registration Data
to keep it true, accurate, current and complete at all times while you
are a member. If you provide any information that is untrue, inaccurate,
not current or incomplete, or SITE or any of its authorized agents have
reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, SITE has the right to suspend or terminate
your account and refuse any and all current or future use of the SITE,
as well as subjecting you to criminal and civil liability. You are responsible
for dishonored checks and any related fees that we incur with respect
to your account.
B. Member Account, Password and Security
As part of the registration process, you will be issued a unique user
name and password which we will provide in order to gain access to the
non-public portion of the SITE. We reserve the right to cancel at any
time the membership of any member who uses their selected username in
violation of these Terms and Conditions or in any other way we, in our
sole discretion, deem inappropriate. Your membership, the ID and password
are nontransferable and non-assignable. You represent and warrant that
you will not disclose to any other person your unique user name and password
and that you will not provide access to the SITE to anyone who is below
the age of majority in your state, province, or country, or otherwise
does not wish to view the content on the SITE. You are solely responsible
for maintaining the confidentiality of your user name and password and
are fully responsible for all activities that occur under your user name
and password. SITE will not release your password for security reasons.
You agree to (a) immediately notify SITE of any unauthorized use of your
user name and password or any other breach of security, and (b) ensure
that you exit from your account at the end of each session. You are liable
and responsible for any unauthorized use of the SITE until you notify
SITE by email regarding that unauthorized use. Unauthorized access to
the SITE is illegal and a breach of this Agreement. You indemnify the
SITE against all activities conducted through your account. You may obtain
access to your billing records regarding charges of your use of the SITE
upon request.
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