All
Original Materials Copyright © 2009 . All
rights reserved. No materials on this site, including but not
limited to graphics, motion graphics, code, layout, text, and
photos, may be reproduced, replicated, distributed, or used
in any form without explicit written permission from .
Certain materials and/or intellectual properties are held under
copyright and trademark laws by their respective owners.
Prices,
services, information, and resources offered by
are subject to change without notice. is
not liable for damage, loss, injury, or claims resulting from
the use or misuse of materials contained herein, from partial
or complete website failure due to technical issues, from
downtime relating to CCBill.com, or from typographical or
other human errors on this website. is not
responsible or liable for services, websites, products, contents,
claims, or other entities linked to or advertised at this
site.
TERMS
AND CONDITIONS FOR 'sweetkimberly.com'
By
entering , you certify the following:YOU
ARE OVER THE AGE OF 18 (21 IN SOME AREAS) AND ARE OF LEGAL
AGE TO VIEW AND POSSESS ADULT MATERIALS.
You do not find images or depictions of nude adults or other
sexual material to be offensive or objectionable.
You understand the standards and laws of the community, site
and computer to which your are transporting this material,
and are solely responsible for your actions. If you use these
services in violation of the above agreement understand you
may be in violation of local and/or federal laws and are soley
responsible for your actions.
You must read and agree to the following terms and conditions
before you can enter, use, or become a member of .
Please read them carefully.
1.For good and valuable consideration, the sufficiency of
which is acknowledged by you and sweetkimberly.com, you hereby agree
to become a subscriber/user to , and agree
to be bound by all the terms and conditions set forth in this
agreement (the "Agreement"). The parties to this
Agreement are you, the Subscriber, and . Subject to the terms and conditions set forth in this
Agreement, sweetkimberly.com agrees to provide to you all the privileges
of subscription to available to a Subscriber
in good standing. This Agreement is subject to change by sweetkimberly.com at any time, and changes are effective upon notice to the
Subscriber by e-mail, posting at or via hyperlink to ,
or by mail. 2.ALL
MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED
AT ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY
TO CONSENTING ADULTS IN LOCATIONS WHERE THE MATERIALS, MESSAGES
AND OTHER COMMUNICATIONS CONTAINED AT DO
NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY FEDERAL, STATE
OR LOCAL LAW OR REGULATION OF THE UNITED STATES OR ANY OTHER
COUNTRY. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS MAY
DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS
OF OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES
ADVERTISED AT OR IN . YOU HEREBY ACKNOWLEDGE
THAT MATERIALS PRESENTED AT AND/OR DOWNLOADABLE FROM ANY
MAY INCLUDE EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS
OF NUDITY AND MATERIALS OF A SEXUAL NATURE, THAT YOU ARE FAMILIAR
WITH MATERIALS OF THIS KIND, AND THAT YOU ARE NOT OFFENDED
BY SUCH MATERIALS. YOU
HEREBY FURTHER AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER
THE AGE OF EIGHTEEN YEARS AND ARE CAPABLE OF LAWFULLY ENTERING
INTO THIS AGREEMENT. 3.I
acknowledge and agree that all materials contained at
are proprietary and constitute valuable intellectual property.
I acknowledge and agree that as such, I may only access, view,
download, receive and otherwise use the materials available
at only as authorized by sweetkimberly.com. I agree
that I 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 sweetkimberly.com does not authorize
such access, viewing, downloading, receipt or other use. I
hereby acknowledge and agree that no materials from any parts
of are authorized, and no materials are intended,
by sweetkimberly.com 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 prohibited
by law. I agree that any and all unauthorized access, viewing,
downloading, receipt, duplication or other use of materials
from any , in which I 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 and potentially other's intellectual property
rights and other rights in such materials and shall further
constitute a violation of 's rights, including,
but not limited to, rights of privacy. 4.I
agree to be personally liable and fully indemnify
for any and all damages directly, indirectly and/or consequentially
resulting from my attempted or actual unauthorized downloading
or other duplication of materials from alone,
or with or under the authority of, any other person(s), including,
without limitation, any governmental agency(ies), wherein
such damages include, without limitation, all direct and consequential
damages directly or indirectly resulting from unauthorized
downloading of materials from including,
but not limited to, damages resulting from loss of revenue,
loss of property, fines, attorney's fees and costs, including,
without limitation, damages resulting from prosecution and/or
governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
5.Some
or all of the following fees and charges may be incurred by
the Subscriber:
a.
Subscription Fees. The Subscriber is responsible for paying
periodic subscription fees according to the then-current billing
terms. Subscription fees are non-refundable; and you must
be 18 years of age or older to receive a membership to .
For your convenience and satisfaction, all memberships will
automatically renew upon expiration unless your subscription
is cancelled at least 24 hours prior to expiration. The cost
of renewal will not exceed monthly membership costs at time
of members' initial subscription. Cost of renewal will not
be affected by any increase in subscription
rates.All membership cancellations can
take place by visiting www.ccbill.com.
b.
Other fees and/or charges for goods and services ordered at,
through and/or from and its licensees. 6.Subscriptions
may not be assigned or transferred to any other person or
entity. Subscriber must promptly inform sweetkimberly.com of the following:
changes in the expiration date of any credit card used in
connection with ; changes in home or billing
address; and apparent breaches of security, such as loss,
theft, or unauthorized disclosure or use of an ID or password.
Until sweetkimberly.com is notified, by conventional mail, web site
form, or by telephone to , during normal
business hours of a breach in security, the Subscriber will
remain liable for any unauthorized use of .
Upon request, Subscribers will be given access to billing
records that support charges for use of . 7.Payment
for the services provided to you at and/or through
may be made by automatic credit card or check debit and you
hereby authorize sweetkimberly.com and its agents 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 , or as unauthorized any charge by ,
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 or any fraudulent reporting
of an unauthorized charge to 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 remains outstanding
at the time of such fraudulent reporting, you shall be liable
to . for liquidated damages of $50,000.00.
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.Subscription
to may be terminated at any time, and without
cause, by either sweetkimberly.com or Subscriber upon notification of
the other by electronic or conventional mail, or by telephone.
You agree to be personally liable for all charges incurred
by you during or through the use of . Your
liability for such charges shall continue after termination
of your membership for any reason. 9.Subscribers are responsible
for providing all personal computer and communications equipment
necessary to gain access to . Access to and
use of is through the use of a password.
Each Subscriber must keep his password strictly confidential.
For security reasons, will not release passwords.
Unauthorized access to is a breach of this
Agreement and a violation of law. 10.Subject
to the terms and conditions set forth herein,
hereby grants you a limited, non-exclusive and non-transferrable
license to use graphic files, audio files, video files, text,
hyperlinks, interlinks, search engines, and other software
associated with authorized Subscriber use of
which sweetkimberly.com provides ("Materials") during the
period in which you are a current Subscriber in good standing.
You may use the Materials only in accordance with the terms
and conditions of your membership, only on one computer at
a time and, if downloadable copies of the Materials are made
available by , you may make only a single
copy of such Materials for your personal use and enjoyment.
You may not remove any propriety notices from Materials at
any time. You may make no use of Materials not expressly authorized
herein or by prior express written authorization from sweetkimberly.com.
Prohibited uses, include, without limitation: (1) permitting
other individuals to directly or indirectly use the Materials;
(2) modifying, translating, reverse engineering, decompiling,
disassembling the Materials (except to the extent applicable
laws specifically prohibit such restriction); (3) making copies
or creating derivative works based on the Materials except
as provided herein; (4) renting, leasing, or transferring
any rights in the Materials; (5) removing any proprietary
notices or labels on the Materials; and (6) making any other
use of the Materials. This license does not grant you any
rights to any software enhancements or updates of any kind. 11.Except
for public domain material or material otherwise licensed
to sweetkimberly.com for electronic dissemination, all Materials displayed
at or otherwise available through are proprietary,
and, except for initial downloading, may not be copied, redistributed,
or downloaded, in whole or in part, without the prior written
authorization of sweetkimberly.com. All editions of ,
and all Materials and other matter used directly or indirectly
in, at, by, through and/or with are protected
by the copyright laws of the United States, international
copyright treaties and other laws and regulations. All rights
are reserved. All intellectual property and other rights in
and to the Materials and other matter at
shall at all times remain in sweetkimberly.com, its parent(s), subsidiary(ies),
licensee(s) and assign(s). All intellectual property and other
rights in and to any intellectual property content accessed
through the Materials is the property of the applicable content
owner, which may be sweetkimberly.com, its parent(s), subsidiary
or subsidiaries, licensee(s) and assign(s), or others, and
may be protected by applicable copyright and/or other laws.
The limited and non-exclusive license granted to you herein
grants to you no rights to use such content except as set
forth herein. This license will immediately terminate automatically
if you fail to comply with the limitations described herein,
breach any other provision of this Agreement, cease, for any
reason, to be a Subscriber in good standing, or are notified
of its termination by sweetkimberly.com or its authorized agent(s).
You agree that upon such termination, you will immediately
destroy all copies of the Materials in your possession. 12.You
agree that Materials and all other services provided to you
by sweetkimberly.com are provided on an "AS IS" basis, without
warranties of any kind, including without limitation the warranties
of merchantability, fitness for a particular purpose and non-infringement.
The entire risk as to the quality and performance of the Materials
and all services provided by sweetkimberly.com is borne by you. Should
the Materials or any other service provided by sweetkimberly.com prove
defective and/or cause any damage to your computer or inconvenience
to you, you, and not sweetkimberly.com, assume the entire cost and all
damages which may result from any and all such defects. This
disclaimer of warranty constitutes an essential part of the
Agreement. Some states do not allow exclusions of an implied
warranty, so this disclaimer may not apply to you and you
may have other legal rights that vary from state to state
or by jurisdiction. Under no circumstances and under no cause
of action or legal theory, shall sweetkimberly.com, its suppliers, licensees,
resellers, or other subscribers, or their suppliers, licensees,
resellers or subscribers be liable to you or any other person
for any indirect, special, incidental, or consequential damages
of any character including, without limitation, damages for
loss goodwill, work stoppage, computer failure or malfunction,
or any and all other commercial damages resulting from any
use of Materials or other use of . 13.sweetkimberly.com
does not screen or endorse advertisements or communications
submitted to by third-party licensees, advertisers,
or subscribers for electronic dissemination through .
Subscribers are therefore advised to use their own judgment
to evaluate all advertisements and other communications available
at or through the use of sites prior to purchasing
goods and/or services described at or otherwise
responding to any communication at . 14.Any
liability of sweetkimberly.com, including without limitation any failure
of performance, error, omission, interruption, deletion, defect,
delay in operation or transmission, communications line failure,
theft or destruction or unauthorized access to, alteration
of, or use of records, whether for breach of contract, tortious
behavior, negligence, or under any other cause or action,
shall be strictly limited to the amount of membership fee
paid by or on behalf of the subscriber to sweetkimberly.com for the
preceding month. Some states do not allow the limitation or
exclusion of liability for incidental or consequential damages,
so the above limitation or exclusion may not apply to you. 15.sweetkimberly.com
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 . 16.No
warranty is made by sweetkimberly.com regarding any information, services,
Materials or products provided through or in connection with
the , and sweetkimberly.com hereby expressly disclaims
any and all warranties, including without limitation: 1) any
warranties as to the availability, accuracy, or content of
Materials, information, products, or services; 2) any warranties
of merchantability or fitness for a particular purpose. Some
states do not allow the exclusion of implied warranties, so
the above exclusion may not apply to you. 17.
is a service mark of .. All rights are reserved. 18.All
materials included at are for the private
use by Subscribers only. No other uses are intended by sweetkimberly.com and any other use is strictly prohibited. 19.If
sweetkimberly.com 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
or other services provided to you by sweetkimberly.com. 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 sweetkimberly.com to immediately
terminate all rights to access to . You are
solely responsible for all information which you submit, publish,
display, disseminate or otherwise communicate through
even if a claim should arise after termination of service.
If sweetkimberly.com 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 and agree that
all such messages and other communications shall not be deemed
to be private or secure. Regardless of whether sweetkimberly.com
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 sweetkimberly.com
directly or through can be read by the operators
and/or other agents of sweetkimberly.com, whether or not they are the
intended recipient(s). 20.Notices
from to Subscribers may be given by means
of e-mail, by general posting on , or by conventional
mail. Communications from you to sweetkimberly.com may be made by
e-mail, conventional mail or telephone. All questions, complaints,
or notices to may be sent in the following
manner: a.
by means of the web site contact information listed on the
site; orb.
by mail to:
3592 Rosemead blvd, PMB220
Rosemead, CA 91770
21.This
Agreement contains the entire agreement between the Subscriber
and sweetkimberly.com regarding Subscribers' use of ,
Materials 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 sweetkimberly.com. This Agreement shall be
governed by and construed under the laws of the State of California
and the United States as applied to agreements between California
state residents entered into and to be performed within the
State of California, except as governed by Federal law. The
application of the United Nations Convention of Contracts
for the International Sale of Goods is expressly excluded.
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. YOU
HEREBY AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND
AGREE TO ALL ITS TERMS AND CONDITIONS BY CLICKING WHERE INDICATED
AND/OR BY AUTHORIZING THE USE OF YOUR CREDIT CARD FOR PAYMENT
OF CHARGES AND FEES FOR YOUR OBTAINING A SUBSCRIPTION TO .
BY ENTERING THE SITE, USING ITS CONTENTS, AND/OR ATTAINING
A SUBSCRIPTION, YOU INDICATE THAT YOU HAVE READ THE MEMBERSHIP
AGREEMENT IN ITS ENTIRETY, UNDERSTAND ITS TERMS, CONSENT TO
ALL THE TERMS AND CONDITIONS SET FORTH IN THE MEMBERSHIP AGREEMENT,
REPRESENT AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE
OF 18 YEARS AND UNDERSTAND THAT MATERIALS PRESENTED AT
MAY INCLUDE SOME NUDITY, VISUAL PRESENTATIONS OF SOME NUDITY
AND MATERIALS OF A SEXUAL NATURE.
IF
YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH
IN THIS AGREEMENT, ARE NOT OVER 18 YEARS OF AGE, OR ARE IN
AN UNAUTHORIZED DOWNLOADING LOCATION, REFRAIN FROM ENTERING,
USING, OR SUBSCRIBING TO .
CUSTODIAN OF RECORDS - U.S.C. TITLE 18, SECTION 2257 COMPLIANCE
In
compliance with United States Code, Title 18, Section 2257,
all models, actors, actresses and other persons who appear
in any visual depiction of sexually explicit conduct appearing
or otherwise contained in or at this site were over the age
of eighteen years at the time of the creation of such depictions.
Records required to be maintained pursuant to U.S.C. Title
18, Section 2257 are kept by the custodian of records at:
For inspection address or model age verification - contact
via mail:
Aaron F.L.
3592 Rosemead blvd, PMB220
Rosemead, CA 91770 |