Terms and Conditions of Use for Visitors and Members
BEFORE you are authorized to visit or access materials on this website, including any independent domains or sub-domains that are accessed by you through this website you are required to read and accept the following Terms and Conditions of Use (the "Agreement"). Please carefully read and understand each and every provision contained in this Agreement before determining whether you agree to proceed:
If you do not agree to be bound by this Agreement, you may not access, view or use any part of this website. You must exit immediately and you may not view or download any material from this website.
By accessing, viewing, using, printing, or downloading any material from this website or by joining you agree to be bound by this Agreement, and may only use this website accordance with this Agreement, as follows:
IN CONSIDERATION of the mutual promises set forth, the receipt and sufficiency of which are hereby acknowledged, the parties hereto make the following representations to and agree with one another:
1. Parties & Agreement. This Agreement is made and entered into by BluMedia Inc. (Company) and enables your access to the website. Subject to the provisions set forth in this Agreement, Company grants you a non-exclusive, non-transferable, wholly revocable license, to visit, join or use the website. This Agreement is subject to change by Company without prior notice and at any time, and changes are effective without notice to you by posting them on the website. The continuation of your use of the website shall constitute agreement and acquiescence to the whole Agreement as then posted, including any Guidelines, despite any changes or differences they may contain from the terms of this Agreement, as presently written, or from any Guidelines or terms of use, as presently posted.
2. Age of Majority & Adult Content. All text, images, graphics, messages and communications, whatsoever, found on the website (collectively referred to as "Content") are authorized only for distribution exclusively to persons at least eighteen (18) years of age AND who are legal age to view pornography in their location. You are not allowed to access this website in locations where such Content could infringe upon or violate any local standard of decency or any applicable law. No person who is under the age of eighteen (18) years may directly or indirectly view, download or possess any website Content. You are responsible for knowing and understanding the standards 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 Content is compliant with your local laws. You hereby acknowledge and agree that Content on the website contains explicit depictions of nudity and explicit sexual activity, that you are familiar with Content of this kind, and that you are not offended by such Content. If you are, or may be, so offended, you may not access the website.
3. No Child Pornography. No child pornography whatsoever is permitted on the Website. If you see any images, real or simulated, depicting minors engaged in sexual activity on the website, please report it to us immediately. All reports will immediately be investigated and the appropriate action will be taken. Company will cooperate with any law enforcement agency investigating child pornography.
4. Use of Content Limitations. All Content contained on the website is protected under the laws of copyright, owned or under license to Company and represents proprietary and valuable intellectual property. You cannot, under any circumstances, access, view, download, receive or make use of Content except as specifically permitted by this Agreement. 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 without specific written permission from US. If you are a BLOGGER or webmaster please contact us for promotional material for use on BLOGS. We freely give promo material for blogs when you ask for it but if you take content from our websites without our permission and we find out we will report you as a pirate and a thief. Members are allowed to download up to 15 movies per day for their private use. Members may never share or upload this content to any service. Any such act is considered piracy.
5. Membership. You may access the non-public portions of the website only by being a member in good standing of the website. You may become a member by completing an online registration form, and paying the applicable or stated fee. Upon submission of the online registration form, Company and/or its authorized agents will process the application and approve your ID and Password to enter the non-public portion of the website. In connection with completing the online registration form, you agree to: (1) provide true, accurate, current and complete information about yourself as prompted by the registration form; and: (2) 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 Company or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to refuse your membership application, and/or to suspend or terminate your account.
6. Membership Fees. Should you access the website on the basis of a trial membership, be advised that all one trials become regular monthly memberships at the end of the trial unless the user cancels their membership by using our online tools. Subscriptions are recurring subscriptions meaning that you will automatically be billed monthly until you cancel your membership.
7. ID and Password. Your ID and password are, and shall remain, the sole and exclusive property of Company, and are issued to you in the form of a revocable, confidential, single-user, non-transferable license. You have a strict obligation to keep the ID and password confidential. You are not permitted to re-distribute, share or trade your ID and password with anyone. If you share your ID or password with others your account may be suspended without notice. Should the confidentiality of either your ID or password become, or you have reason to believe that either may have become, compromised or learned by a person other than you, you must immediately inform Company via e-mail.
8. Duty to Report. If the address or any other information pertaining to your credit card is changed for any reason, or if your credit card is lost or stolen, or if your ID or password may have become compromised, you must immediately inform Company via e-mail. Your failure to do so will be a material breach of this Agreement.
9. Termination. Access to the website may be terminated by you at any time, with or without cause. In such event, you agree to be personally liable for all charges incurred by you during or through the use of the website until the expiration of your subscription period. You shall remain liable for such charges after termination of your access rights to the website for any reason. Your access to the website may also be terminated by Company at any time, with or without cause. In such event, you will be refunded any unused portion of your membership fee.
10. Refunds for purchases or recurring charges may be requested by contacting customer support. Refunds or credits will not be issued for partially used Memberships. Cancellation for all future recurring billing may be requested. BluMedia, Inc. reserves the right to grant a refund or a credit applicable to purchases to the Site at its discretion. The decision to refund a charge does not imply the obligation to issue additional future refunds. Should a refund be issued for any reason, it will be credited solely to the payment method used in the original transaction, they will not be granted in any other form of payment. BluMedia, Inc will not issue refunds by cash, check, or to another payment mechanism. Should we see a pattern of refunds on your account, your membership may be banned from future purchases.
11. Representations and Warranties: You represent and warrant to Company that:
A. you are aware that by the use of the website membership ID and password, you may encounter websites that include objectionable materials not controlled by Company
B. it is lawful to receive and view sexually explicit adult materials in the jurisdiction in which you reside, receive or view the said materials;
C. you will not use any of the materials that you view or access on the website in any manner that is inconsistent with the intellectual property, privacy and publicity rights of the lawful holders of those rights; and
D. you assume all risk and accept all responsibility for any and all use of your website membership, for access to any participating websites, and for the use of any materials or Content (including programming, code, software, encryption, data or other information technology) obtained from any participating website.
12. Third Party Communications. 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 or acting upon any such communications.
13. Use of Information. Company's privacy policy as amended by Company is a binding part of this Agreement. All data, information, compilations, statistical analyses, profiles, membership history and transaction records are the sole and absolute property of Company. Notwithstanding the foregoing, Company may utilize the outsourced services of trusted third parties to conduct real-time transaction and credit card screening and to participate in credit card chargeback inquiries.
14. Cookies. We use "cookies" on this site. A cookie is a piece of data stored on a site visitor's hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.
3rd party sites within our members area may or may not use cookies for tracking or use of allowing your username and password to login to their members area. We have no access to or control over these cookies.
15. Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.
Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time.
16. Security
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as your first and last name), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
17. DISCLAIMER OF WARRANTY. COMPANY DOES NOT GUARANTEE OR WARRANT THE COMPATIBILITY OF YOUR EQUIPMENT, COMPUTER OR SOFTWARE, INCLUDING BUT NOT LIMITED TO, THE TYPE OF COMPUTER, COMPUTER CONFIGURATION, BROWSER SOFTWARE, OTHER SOFTWARE, DIAL UP ACCOUNT, TCP/IP, WINSOCK OR ONLINE SERVICE. COMPANY IS NOT RESPONSIBLE FOR ANY DELAY OR INTERRUPTION IN SERVICE OR INABILITY OF YOU TO ACCESS PARTICIPATING WEBSITES DUE TO TECHNICAL DIFFICULTIES OR FAILURE OF THE INTERNET, WORLD WIDE WEB, TELEPHONE LINES, SWITCHING OR ANY OTHER CAUSES BEYOND ITS IMMEDIATE CONTROL. COMPANY GRANTS NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OTHER THAN THOSE WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE STATUTORY LAW. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY OR ANY MEMBER OF COMPANY GROUP SHALL CREATE A WARRANTY OR IN ANY WAY MODIFY THE SCOPE OF THIS PARAGRAPH.
18. Trade Marks and Service Marks. You acknowledge and agree that trademarks and/or service marks of Company are the property of Company and may never be used without express written permission.
19. Indemnity. You agree to indemnify and hold harmless Company, and its owners, shareholders, officers, directors, employees, contractors, attorneys, and agents from and against any and all liabilities, claims, damages and costs (including attorney's fees, government fines or forfeitures) arising in any way out of the authorized or unauthorized use of your membership ID or password, the receipt, viewing, transmission or retransmission, or use of any Content by you or any unauthorized person using your ID or password, and any breach or alleged breach by you of any covenant, representation or warranty made by you in this Agreement, including but not limited to attempted or actual unauthorized downloading, viewing, retransmission, duplication or other unauthorized use of any Content, or any disruption of the website caused directly or indirectly by you.
20. Controlling Law. This Agreement shall be construed in accordance with the laws of the State of Arizona, without regard to its conflict of laws rules. Any cause of action of any nature arising out this Agreement shall be brought in the courts of Maricopa County Arizona.
21. Integration. Each party to this Agreement acknowledges that this Agreement constitutes the entire agreement, that this Agreement supersedes all prior or contemporaneous agreements, discussions, or representations, whether oral or written, and that this Agreement can be modified in a posted as expressly provided.
22. Severability and Construction. 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, and all other terms and conditions shall endure. Headings of sections or paragraphs in this Agreement are provided only for ease of reference and shall not be construed as limiting or affecting the meaning of any term.
23. Relations Among the Parties. Nothing in this Agreement shall constitute or be construed to constitute or tending to create any relationship between Company or any member of the Company and you.
By entering the website or completing the join forms you expressly agree to all terms of this Agreement.
Updates: Our Privacy Policy may change from time to time and all updates will be posted on this page.
If you feel that we are not abiding by this privacy policy, you should contact us immediately by sending a support ticket to: BluMedia Support
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