BEFORE you are authorized to visit or access materials on the ZZtits.com
website, including any independent webmaster sub-domains that are accessed by
you on the ZZtits.com Adult Entertainment Network (all of the aforementioned
collectively referred to as the "AEN"), you are required to read and accept the
following Terms and Conditions of Use (the "Agreement"). Please take care to
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 the AEN, you must exit the AEN immediately, and you may not
print or download any material from the AEN, whatsoever.
* By accessing, viewing, using, printing, or downloading any material from the
AEN, or by becoming a member of the AEN, you agree to be bound by this
Agreement, and may only use the AEN in 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 ZZHardCash.
("Company"), which enables your access to the AEN, and "you", being a visitor
to, member, or user of the AEN. 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 AEN, as applicable. This Agreement
is subject to change by Company without prior notice and at any time, and
changes are effective upon notice to you by posting them here. Changes shall
take effect at the time they are posted and in the absence any affirmative act
manifesting your consent. The continuation of your use of the AEN whatsoever,
shall constitute agreement and acquiescence to the whole Agreement as then
posted, including any Guidelines promulgated under it, despite any change in or
difference 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 AEN (collectively referred to as
"Content") are authorized only for distribution exclusively to persons over
eighteen (18) years of age who access the AEN 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 Canada, the United States or any other
country. No person who is under the age of eighteen (18) years may directly or
indirectly view, download or possess any AEN 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 AEN reflects
explicit depictions of nudity and situations of an explicit sexual nature, 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 are strongly advised to
refrain from accessing the AEN.
3. No Child Pornography. No child pornography whatsoever is permitted on the
AEN. If you see any images, real or simulated, depicting minors engaged in
sexual activity on the AEN, please report it to us immediately. Include with
your report any appropriate evidence, including the date and time. 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 AEN is protected
under the laws of copyright, owned or under license to Company, AEN webmasters
or their designees, and represents proprietary and valuable intellectual
property. You cannot, under any circumstances, access, view, download, receive
and 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, directly or indirectly in places where Company
does not authorize such access, viewing, downloading, receipt or other use,
including but not limited to 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.
5. Membership. You may access the non-public portions of the AEN only by being a
member in good standing of the AEN. 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 supply you with a confidential ID and Password
to enter the non-public portion of the AEN. 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 & Refund Policy. Should you access the AEN on the basis of a
one month membership, be advised that all one month memberships will
automatically become regular monthly memberships at the end of the one month
membership period unless the user cancels their membership by using our online
tools with their username and subscription ID number. Subscriptions are
recurring subscriptions meaning that you will automatically be billed monthly
until you cancel your membership.
7. ID & Password. Upon becoming a member of the AEN, Company will provide you
with a unique ID and password which allows access to the entire AEN. The 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. 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. You must remember your ID and password, because Company will
not release that information to anyone, including you, for any reason.
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. IN THE EVENT OF YOUR FAILURE TO NOTIFY COMPANY OF A LOST OR
STOLEN CREDIT CARD, COMPANY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR CHARGES
POSTED TO IT.
9. Termination. Access to the AEN 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 AEN until the expiration of
your subscription period. You shall remain liable for such charges after
termination of your access rights to the AEN for any reason. Your access to the
AEN 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. Representations & Warranties: You represent and warrant to Company and
Company Group that:
1. you are aware that by the use of an AEN membership ID and password, you may
encounter websites that include objectionable materials not condoned by Company;
and in that case, you should contact Company immediately about them immediately;
2. you acknowledge that Company provides access verification services and the
issuance of adult access IDs and passwords, and that it does not sponsor,
promote, or endorse the distribution of objectionable materials;
3. in any event, it is lawful to receive and view said objectionable materials
in the jurisdiction in which you reside, receive or view the said materials;
4. you will not use any of the materials that you view or access on the AEN, in
any manner that is inconsistent with the intellectual property, privacy and
publicity rights of the lawful holders of those rights; and
5. you assume all risk and accept all responsibility for any and all use of your
AEN membership, for access to any participating AEN websites, and for the use of
any materials or Content (including programming, code, software, encryption,
data or other information technology) obtained from any participating AEN
website.
11. 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 AEN. You are
advised to use your own judgment to evaluate all advertisements and other
communications available at or through the use of the AEN prior to purchasing
goods and/or services described therein or otherwise responding to or acting
upon any such communications.
12. Use of Information. Company's privacy policy as amended by Company from time
to time, and except as may be modified herein, is a binding part of this
Agreement. Company will not disclose, disseminate, sell, lease or transfer any
private information provided to it by a visitor, user or member to any third
parties, except in response to legal process. Otherwise, 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.
13. 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.
14. EXCLUSION OF LIABILITY. COMPANY IS NOT LIABLE FOR DAMAGES WHATSOEVER
RESULTING FROM DISSEMINATING, FAILING TO DISSEMINATE, OR INCORRECTLY OR
INACCURATELY DISSEMINATING ANY MATERIALS, DATA, ADVERTISEMENT OR OTHER
COMMUNICATION AT OR THROUGH THE AEN. 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 AEN 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.
15. Trade Marks and Service Marks. You acknowledge and agree that ZZtits are
trade marks and/or service marks of Company and that Company strictly governs
their use.
16. Indemnity. You agree to indemnify and hold harmless Company, and its owners,
shareholders, officers, directors, employees, contractors, attorneys, and agents
(collectively referred to as the "Company Group") 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 AEN 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 AEN caused directly or indirectly by you.
17. Controlling Law. This Agreement shall be governed by and construed in
accordance with the laws of the province of Ontario and the federal laws of
Canada applicable therein. The parties have required that this Agreement and all
related documents be drawn up in English. Les parties ont demande que cette
convention ainsi que tous les documents qui s'y rattachent soient rediges en
anglais.
18. Integration. Each party to this Agreement acknowledges that this Agreement
constitutes the entire agreement of the parties with regard to the subject
matters addressed in this Agreement, that this Agreement supersedes all prior or
contemporaneous agreements, discussions, or representations, whether oral or
written, with respect to the subject matter of this Agreement, and that this
Agreement cannot be modified except in a posted writing as hereinabove expressly
provided. Each party to this Agreement further acknowledges that no promises,
representations, inducements, agreements, or warranties, other than those set
forth herein, have been made to induce the execution of this Agreement by said
party, and each party acknowledges that it has not executed this Agreement in
reliance on any promise, representation, inducement, or warranty not contained
herein. Modifications of this Agreement (and of the Guidelines it provides for)
shall supersede all prior Agreements and Guidelines, respectively, from the time
that each becomes effective.
19. 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 contained in any paragraph of this Agreement.
20. Relations Among the Parties. Nothing in this Agreement shall constitute or
be construed to constitute or tending to create an agency, partnership, joint
venture, master-servant or employer-employee relationship between Company or any
member of the Company Group and you, in any respect, any other provision of this
Agreement notwithstanding.
21. DMCA Policy. Company's "Digital Millennium Copyright Act (DMCA) Policy" as
amended by Company from time to time, is a binding part of this Agreement.