Terms and Conditions of Access, Use and Membership
Before YOU are authorized to visit or access materials provided at the XVDO.COM website (referred to herein as "Service" or "website"), YOU are required to read and accept the following Terms and Conditions of Access, Use and Membership (the "Agreement"). PLEASE TAKE CARE TO CAREFULLY READ AND UNDERSTAND EACH AND EVERY PROVISION CONTAINED IN THIS AGREEMENT PRIOR TO AGREEING TO PROCEED INTO THIS WEBSITE.
Your membership access for XVDO.COM will begin as soon as your transaction is complete, at a price of $24.95 for one (1) month. Thereafter you will be charged the regular renewal price of twenty-four dollars and ninety-five cents ($24.95) For your convenience, all paid memberships will renew as full memberships on a monthly basis until cancelled.
1. 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 XVDO.COM, the owner and operator of the 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 website, 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 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 or via hyperlink HERE.
2. Local Laws. ALL TEXT, IMAGES, GRAPHICS, MESSAGES AND COMMUNICATIONS FOUND IN THE WEBSITE (COLLECTIVELY REFERRED TO HEREIN AS "CONTENT") ARE ONLY AUTHORIZED FOR DISTRIBUTION EXCLUSIVELY TO PERSONS OVER THE AGE OF MAJORITY (EIGHTEEN  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 WEBSITE.
YOU are responsible for knowing and understanding the standard of decency and other laws and regulations in place in YOUR community concerning adult-oriented content, and COMPANY in no way represents or warrants that the content contained in the website is compliant with YOUR local laws. YOU should not enter this website, unless YOU further represent and warrant as follows:
"I VOLUNTARILY CHOOSE TO ENTER THIS WEBSITE 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 JUDGMENT, THE AVERAGE ADULT IN MY COMMUNITY ACCEPTS THE CONSUMPTION OF SUCH MATERIALS BY WILLING ADULTS IN CIRCUMSTANCES SUCH AS THIS WHICH TAKE REASONABLE AND PRUDENT MEASURES TO INSULATE THE MATERIALS FROM MINORS AND UNWILLING ADULTS, AND WILL NOT FIND SUCH MATERIALS TO APPEAL TO A PRURIENT INTEREST OR TO BE PATENTLY OFFENSIVE."
3. Sexual Content. THIS WEBSITE CONTAINS GRAPHIC DEPICTIONS OF NUDITY AND SEXUAL CONDUCT. YOU HEREBYACKNOWLEDGE AND AGREE THAT CONTENT CONTAINED IN THE WEBSITE MAY REFLECT EXPLICIT DEPICTIONS OF NUDITY AND HETEROSEXUAL, BI-SEXUAL, HOMOSEXUAL, AND TRANSSEXUAL 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.
4. Free Trial Period. SHOULD YOU ACCESS THE WEBSITE ON THE BASIS OF A TRIAL MEMBERSHIP, BE ADVISED THAT ALL TRIAL MEMBERSHIPS WILL AUTOMATICALLY BECOME A REGULAR MONTHLY MEMBERSHIP SUBSCRIPTION AT THE END OF THE TRIAL PERIOD UNLESS YOU CANCEL YOUR MEMBERSHIP AT LEAST 24 HOURS BEFORE THE END OF THE TRIAL PERIOD BY USING OUR ONLINE TOOLS OR BY EMAILING WITH YOUR USERNAME AND SUBSCRIPTION ID NUMBER. MONTHLY MEMBERSHIP SUBSCRIPTIONS ARE RECURRING SUBSCRIPTIONS MEANING THAT YOU WILL AUTOMATICALLY BE BILLED MONTHLY AT THE THEN-CURRENT MONTHLY RATE (as specified on the site's JOIN page) UNTIL YOU CANCEL YOUR MEMBERSHIP. MEMBERSHIP FEES INCURRED PRIOR TO CANCELLATION ARE NON- REFUNDABLE AND WE WILL PURSUED BY COLLECTION AGENCIES ANY SUBSCRIBER KNOWINGLY DEFRAUDING THE SYSTEM BY CREDIT CARE CHARGEBACKS OR REFUNDS.
5. FREE VIP MEMBERSHIP PASS. If you elect to take advantage of the VIP PASS offered by COMPANY, the PASS is provided to YOU free of charge upon YOUR subscribing to a monthly membership to one of COMPANY's other pay sites, as described on the join page. Should YOU cancel YOUR subscription to the membership site, YOU will continue to have free access to YOUR VIP MEMBERSHIP PASS site, so long as that site is in operation.
6. Restrictions on Use of Content. All content, including images, text, graphics, video and audio content (the "Content") contained in the website 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 website 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 website, in which YOU are 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 website and potentially other's intellectual property rights and other rights in such materials and shall further constitute a violation of COMPANY's intellectual property, trademark, copyright and other rights, including, but not limited to, rights of privacy.
PROHIBITED ACCESS AREAS
A. All parts of the United States of America corresponding to the entire areas corresponding to these United States Postal Service zip codes (insert hyperlink to zip codes);
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 website 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.
7. Regular Member Subscriptions. Upon subscribing as a website member, YOU hereby authorize COMPANY'S payment processing agent (Epoch.com, ccBill, or other authorized agent as disclosed on the "JOIN page" of the website) to charge your credit card (or other approved payment facility) for periodic recurring subscription fees according to the then-current billing terms for the Service. Monthly rates of Your subscription will be automatically renewed at the rate specified on the site's JOIN page and your credit card (or other approved facility) will be charged at the then-current subscription rate unless you notify the COMPANY that you wish to cancel your subscription no less than four (4) days prior to the end of the preceding billing period. Subscription fees are earned upon receipt and are non-refundable, whether or not termination is at your request. YOU are liable for any subscription charges incurred by you up to and until termination of the Service. All charges will appear on your credit card statement according to the terms of service of COMPANY's payment processing agent. YOU hereby further authorize COMPANY's payment processing agent to charge your credit card (or other approved facility) for any and all purchases o products, services and entertainment made by YOU through the Service. YOU agree not to report as lost or stolen any credit card which you have used in conjunction with such payment to YOUR issuing bank or to the COMPANY or its payment agent for goods or services which you do not have good reason to believe is, in fact, lost or stolen. You further agree not to report as unauthorized any charge for goods or services (including subscriptions) which you have, in fact, ordered from the COMPANY. You hereby agree that any such false reporting of a lost or stolen credit card or of unauthorized charges cause severe business and financial harm to COMPANY and shall render YOU liable to COMPANY for liquidated damages in the amount of $25,000.00. 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. Upon request, Subscribers will be given access to billing records that support charges for use of the Service.
8. ID and Password. Upon becoming a member of the website, COMPANY's authorized payment processing agent will provide YOU with a unique ID and password which allows access to the website. The ID and password are, and shall remain, the sole and exclusive property of said agent, and are issued to YOU in the form of a revocable license. The ID and password are confidential and proprietary material of said agent. YOU have a strict obligation to keep the ID and password confidential. Should the confidentiality of either YOUR ID or password, or if either becomes, or YOU have reason to believe that either may have become, compromised or learned by a person other than YOU, YOU must immediately so inform COMPANY and the appropriate payment processing agent on your account via e-mail. Remember YOUR ID and password, because COMPANY and the payment processing agent will not release that information to anyone, including YOU, for any reason.
9. Accurate Credit Card Information. If the address or any other information pertaining to YOUR credit card is changed for any reason, including changes in the home or billing address, changes in the card expiration date, or if YOUR credit card is lost or stolen, YOU must immediately inform the payment processing agent on your account and COMPANY via e-mail. YOUR failure to do so is a material breach of this Agreement, and, in the event of YOUR failure to so notify said agent and COMPANY, agent and COMPANY disclaim any and all responsibility for charges posted to a lost or stolen credit card.
10. Security Breach. YOUR subscription cannot be assigned or transferred to any other person or entity. YOU must promptly inform the payment processing agent on your account as well as COMPANY of any apparent breaches of security such as loss, theft, or unauthorized disclosure or use of an ID or password. Until said agent and COMPANY are notified, by electronic mail to Epoch.com and ccBill and COMPANY CUSTOMER SERVICE at support@XVDO.COM, within 24 hours of a breach in YOUR account's security, YOU will remain liable for any unauthorized use of the Service.
11. No Fraud Concerning Payment. Payment for the services provided to you at and/or through the website may be made by automatic credit card or debit card debit, and you hereby authorize COMPANY's authorized payment processing agent 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 the website, or as unauthorized any charge by the website, 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 the website, or any fraudulent reporting of an unauthorized charge to the website 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 the website remains outstanding at the time of such fraudulent reporting, you shall be liable to COMPANY for liquidated damages of $25,000.00. 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.
12. 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 are 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;
- YOUR personal and credit card information, provided to the COMPANY in connection with YOUR free trial and/or membership subscription, is true and accurate in all respects and YOU will promptly notify the COMPANY of any changes in that information;
- 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.
13. 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 TRANSMISSION 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
14. 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 TO USE, THE SERVICE OR THE CONTENTS THEREOF, EVEN IF COMPANY WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY OTHER CLAIM BY YOU OR BY ANY OTHER PERSON. YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF A BREACH OF THIS AGREEMENT BY COMPANY IS A REFUND OF NO MORE THAN ONE MONTH'S MEMBERSHIP FEE. 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.
15. Termination of Membership. The Service may be terminated by COMPANY at any time, with or without cause. In such event, YOU agree to be personally liable for all charges incurred by YOU during YOUR use of the website. YOU shall remain liable for such charges after termination of YOUR access rights. YOU may terminate YOUR Subscription to the Service at any time, and without cause, upon notification to COMPANY or its authorized billing agent on YOUR account by electronic or conventional mail, or by telephone or by filling out this cancellation form. YOU agree to be personally liable for all charges incurred by you during or through the use of the website until the COMPANY receives proper notice of your cancellation, and cancellation will be effective at the end of the then current month of your membership. Your liability for such charges shall continue after termination of your membership for any reason. In the event a Refund is issued to YOU, the Refund will be in the form of a credit to the credit card that was charged for YOUR purchase; Refunds are not made in the form of cash, check or free services.
16. 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 website. YOU are advised to use YOUR own judgment to evaluate all advertisements and other communications available at or through the use of the website prior to purchasing goods and/or services described therein or otherwise responding to any communication at the website.
17. 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 website 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 website. You are solely responsible for all information which you submit, publish, display, disseminate or otherwise communicate through the website 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 website 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 the website can be read by the operators and/or other agents of COMPANY, whether or not they are the intended recipient(s).
18. Notices. Notices from COMPANY to YOU may be given by means of e-mail or by general conspicuous posting on the website. Notices, questions or communications from YOU to the COMPANY may be made by e-mail to CUSTOMER SERVICE at support@XVDO.COM.
19. No Affiliation. XVDO.COM 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.
20. Entire Agreement. This Agreement contains the entire agreement between YOU (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 California. 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. Any action arising under this Agreement shall be brought in the federal or state courts for San Francisco County, California, and YOU expressly agree to the jurisdiction and venue of such courts.
YOU HEREBY AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS BY CLICKING WHERE INDICATED BELOW AND BY AUTHORIZING THE USE OF YOUR CREDIT CARD FOR PAYMENT OF CHARGES AND FEES FOR YOUR OBTAINING A SUBSCRIPTION TO THE WEBSITE.
BY SELECTING THE "SUBSCRIBE" BUTTON YOU INDICATE THAT YOU HAVE READ THIS 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 (21 in some areas) AND UNDERSTAND THAT MATERIALS PRESENTED AT XVDO.COM INCLUDE NUDITY, VISUAL AND AUDIO PRESENTATIONS OF SEXUAL SITUATIONS, AND ADULT LANGUAGE.
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, YOU SHOULD NOT JOIN.