LEGAL NOTICE : YOUR AGREEMENT TO THE TERMS AND CONDITIONS OF THIS MEMBERSHIP AGREEMENT IS REQUIRED FOR YOU TO BECOME A MEMBER OF ADDICTED TO FEET. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD NOT JOIN THE ADDICTED TO FEET MEMBERS AREA, IF YOU DO, YOU MAY BE REMOVED WITHOUT REFUND
PLEASE READ ALL THE PROVISIONS OF THIS MEMBERSHIP AGREEMENT CAREFULLY. BY JOINING ADDICTED TO FEET, YOU ARE CONFIRMING YOU HAVE READ THESE RULES AND AGREE WITH THE TERMS AND CONDITIONS AND JOINING ADDICTED TO FEET MEMBERS AREA WILL CONSTITUTE YOUR ACKNOWLEDGEMENT THAT THESE TERMS AND CONDITIONS CONSTITUTE A BINDING AND ENFORCEABLE AGREEMENT BETWEEN YOU AND THE WEBSITE.
1. PARTIES TO THIS AGREEMENT AND CONSIDERATION .
The parties to this Membership Agreement (the “Agreement”) for ADDICTED
TO FEET (the “Website”) are You, the Member, and Centrade SL (the
"Company"). As used in this Agreement, the terms "we," and
"us" are used interchangeably to refer to the Company and the Website;
the term "You" and "Your" is used to refer to You, the Member
and Subscriber.
Subject to Your acceptance of the terms and conditions set forth in this Agreement (as evidenced by your submission of an application for membership) and the payment of all required membership fees, the Company agrees to provide to You all the privileges of Membership including access to the Members-only materials at the Website which are available to a Member in good standing.
The extent of Your access rights to the contents of the Website will be determined by the membership plan that You purchase.
You agree that this Agreement is subject to change by the Company at any time and changes shall become effective upon notice to Members by e-mail, posting at or via hyperlink to the Website, or by mail. You may not alter, delete, add or change or edit any of these terms and conditions, and any such attempted alteration shall be void and of no effect.
You agree Any action on Your part to Bookmark to a page on this Website whereby the Warning Page, the Age Verification Page, and/or the Terms and Conditions of Membership Page is bypassed shall constitute an implicit acceptance by You of all the Terms and Conditions set forth herein as well as an explicit acknowledgement by You of the fact that You are an adult and at least 18 years of age or of the age of majority under the laws of Your state, province or country.
2. SEXUALLY EXPLICIT MATERIAL.
ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED AT THE
WEBSITE ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS
WHERE THE MATERIALS, MESSAGES AND OTHER COMMUNICATIONS CONTAINED AT THE WEBSITE
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 (TWENTY-ONE (21) IN PLACES WHERE EIGHTEEN YEARS IS NOT
THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS
OF THE WEBSITE OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR
IN THE WEBSITE.
2.1 YOU HEREBY ACKNOWLEDGE AND REPRESENT THAT YOU KNOW AND UNDERSTAND THAT THE MATERIALS PRESENTED AT, AND/OR DOWNLOADABLE FROM, THE WEBSITE INCLUDE EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND SEXUAL ACTIVITIES, INCLUDING WITHOUT LIMITATION, HETEROSEXUAL, BI-SEXUAL, HOMOSEXUAL, AND TRANSSEXUAL ACTIVITIES OF AN EXPLICIT SEXUAL NATURE; THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND; THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS; AND THAT BY AGREEING TO THESE TERMS AND CONDITIONS YOU ARE WARRANTING TO THE COMPANY THAT YOU ARE INTENTIONALLY AND KNOWINGLY SEEKING ACCESS TO SUCH EXPLICIT SEXUAL MATERIALS FOR YOUR OWN PERSONAL VIEWING.
3. AGE OF MAJORITY.
NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTYONE (21) IN JURISDICTIONS
WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY
VIEW OR POSSESS ANY OF THE MATERIAL OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES
ADVERTISED AT, IN OR THROUGH THE WEBSITE.
YOU HEREBY FURTHER AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN (18) YEARS (TWENTYONE (21) IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) AND ARE CAPABLE OF LAWFULLY ENTERING INTO AND EXECUTING THE TERMS OF THIS AGREEMENT.
4. GRANT OF LIMITED LICENSE WITH RESERVATIONS.
In consideration of the payment of membership fees, together with certain representations
and agreements made by You under the terms and conditions of this Agreement,
and subject to the terms and conditions set forth in this Agreement, the Company
hereby grants You a limited, nonexclusive and nontransferable license to use
the materials contained in, or made available through this Website (hereafter
“Materials”) solely for Your private personal non-commercial use,
as provided by the Company during the period in which You are a Member in good
standing.
You acknowledge and agree that all Materials contained at the Website are proprietary and constitute valuable intellectual property owned by the Company or others who have licensed use of such Materials to the Company. You acknowledge and agree that as such You may access, view, download, receive and otherwise use the Materials available at the Website only as specifically authorized by the Company and 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 to You by the Website, You may make only a single copy of such Materials for Your own personal noncommercial use and enjoyment. You further acknowledge that the Company specifically prohibits you from doing any of the following acts, and you agree not to do any of these prohibited acts:
(a) permitting other individuals to directly or indirectly use the Materials;
(b) modifying, translating, reverse engineering, decompiling, disassembling the Materials (except to the extent applicable laws specifically prohibit such restriction);
(c) making copies or creating derivative works based on the Materials, except as provided herein;
(d) renting, leasing, or transferring any rights in the Materials;
(e) removing any proprietary notices or labels on the Materials; and,
(f) making any other use of the Materials not expressly permitted herein.
You further represent and warrant to the Company that your agreement to these terms and conditions constitutes an agreement that You shall not access, or attempt to access, any Materials available at the Website in a manner not expressly authorized by the Company. You agree and warrant 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 that you understand that the Company (and all persons affiliated therewith) does not authorize the accessing, viewing, downloading, duplication, receiving, transmission, broadcasting or other use of the Materials contained on the Website to or by any person, INCLUDING YOU, who is located in any of the areas designated as PROHIBITED AREAS.
You further acknowledge that you understand and 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 Company's and potentially others' intellectual property rights and other rights in such Materials and shall further constitute a violation of Company's trademark and other rights, including, but not limited to, rights of privacy.
5. DOWNLOADER PROGRAMS.
You will under no circumstances use a program known as a downloader program which enables you to bulk download content to view offline at a later time. this contravenes our acceptable use policy and we in no way accept any use of such a program. you will be removed from the site and not given a refund if you are caught using a downloader program, we use security software to monitor logins at you are timed, if the program detects multiple image downloading in very short periods of time then you will be locked out of the site permanently.
6. MONTHLY MEMBERSHIPS; FEES; CANCELLATION.
During times when trial memberships are offered, you agree to accept the trial
membership to Website and by accessing the content of Website you authorize
the charges set forth below and agree to the following terms and conditions:
Your trial membership will entitle you full access of Website for the number of DAYS starting on the day you submit your trial membership application to Website.
You agree that if you do not send the Company notice of cancellation of your trial membership at least ONE DAY from the expiration of your trial membership term, the company shall automatically and without further notice:
convert your trial membership to a standard RECURRING MONTHLY SUBSCRIPTION to Website at the standard one month membership rate;
renew your monthly membership to Website for successive periods of one month each at the then current standard one-month membership rate.
Subscription and Membership fees to Website are subject to change at any time at the sole and absolute discretion of Company. The official standard one-month membership rates for the Website shall be set forth at the respective “join” pages of the site.
TO CANCEL AUTOMATIC RENEWAL AT THE END OF THE PAID TRIAL MEMBERSHIP PERIOD, YOU MUST NOTIFY CCBILL AT LEAST ONE DAY PRIOR TO THE END OF THE PAID TRIAL PERIOD. YOUR PAYMENT TRANSACTION IS BETWEEN YOU AND CCBILL AND IT IS YOUR RESPONSIBILITY TO CANCEL YOUR CONTRACT WITH THEM ONLY. WE HAVE NO ACCESS TO YOUR PERSONAL DETAILS
You hereby acknowledge and agree that if You cancel Your monthly membership, or if Your membership is cancelled by the Company, Your username and password will be removed from the system at the end of the then current monthly membership period and that You will be entitled to receive the full benefits of Your monthly membership until the end of such period. You shall not be entitled to any pro-rated or partial refund if You cancel Your monthly membership before the end of the then current monthly membership period. You agree that if you cancel at any time after purchasing a monthly membership to Website (e.g., 20 minutes after you sign up), You will still be charged the full month’s membership fee, WE CHECK THAT YOU HAVE LOGGED IN AND DOWNLOADED DATA, AND CAN VERIFY THIS WITH YOU, IF YOU HAVE DOWNLOADED DATA, THIS CONSTITUTES FULL ACCESS TO THE MEMBERS AREA.
The Company may, at any time and at its sole discretion, cancel any paid trial membership or monthly membership if you are found to be abusing your acceptable use whilst a member.
7. TRANSFER OF ASSIGNMENT OF MEMBERSHIP.
You agree that as a Member of the Website you shall not, under any circumstances,
have the right to transfer or assign your membership to any other person or
entity, and that any attempted transfer or assignment of a membership shall
be void.
8. PAYMENT AUTHORIZATION / NOTICE OF LOST OR STOLEN CARD/ FRAUDULENT USE OF
CARD .
Payment for the services provided to You at, and/or through Website may be made
by automatic credit card debit or via online checks and You hereby authorize
Company and its agents to transact such payments on Your behalf.
Unless and until you notify Company that you wish to cancel or terminated your Membership to Website, You hereby agree and authorize Company or its designated agent or assignee to automatically renew your Membership to Website on a continuing monthly basis and to charge Your credit card (or other approved facility) to pay for the ongoing cost of your Membership. You hereby further authorize Company or its designated agent or assignee to charge Your credit card (or other approved facility) for any and all purchases of products, services and entertainment provided to You by or though Website.
You further agree that as a Member and User of the Website, You must promptly inform CCBILL of any and all the following: loss or theft of the credit card used to pay for Membership to Website or other goods or services obtained in, at or through Website; changes in the expiration date of the credit card; changes in home or billing address; apparent breaches of security regarding Your Membership, such as loss, theft, unauthorized disclosure or use of an ID or password; and all other changes pertaining to Your credit card account used to pay for services pursuant to this Agreement which may affect Company's ability to expeditiously obtain payments due to Company. You agree that You will remain liable for any unauthorized use of Website or any of its services associated with your Membership, until You have notified Company’s Customer Service by electronic mail at support@addictedtofeet.com
You further acknowledge and agree that You will remain liable to the Company for any unauthorized use of the Website associated with Your Membership.
9. TERMINATION OF MEMBERSHIP .
Either Company or Member may terminate at any time, and without cause, membership
to the Website, subject to the cancellation policy and procedures set forth
in this Agreement. Your liability for all charges incurred during Your Membership
term shall continue after termination, for any reason, of Your membership.
10. PASSWORD SECURITY.
Members are responsible for providing all personal computer and communications
equipment necessary to gain access to the Website. Access to and use of the
Website is through the use of a password. Each Member must keep his password
strictly confidential and You agree that if You share Your unique Login name
and/or Your Password with another individual that Your access to the Website
is subject to immediate termination without notice or reimbursement of any kind.
11. NO WARRANTIES; LIMITATIONS ON COMPANY’S LIABILITY.
YOU HEREBY AGREE THAT THE MATERIAL, AND ALL OTHER SERVICES PROVIDED TO YOU BY
COMPANY, ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY
KIND, INCLUDING, WITHOUT LIMITATION, THE AVAILABILITY, ACCURACY, OR CONTENT
OF MATERIALS, INFORMATION, PRODUCT OR SERVICES, AND THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THE COMPANY EXPRESSLY
DISCLAIMS SUCH WARRANTIES. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
OF THE MATERIAL, AND ALL SERVICES PROVIDED BY COMPANY, IS BORNE EXCLUSIVELY
BY YOU. SHOULD THE MATERIAL, OR ANY OTHER SERVICE PROVIDED BY COMPANY, PROVE
DEFECTIVE AND/OR CAUSE ANY DAMAGE TO YOUR COMPUTER OR INCONVENIENCE TO YOU,
YOU, AND NOT COMPANY, ASSUME THE ENTIRE COST AND ALL DAMAGES WHICH MAY RESULT
DIRECTLY AND INDIRECTLY 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 THE COMPANY,
ITS SUPPLIERS, LICENSEES, RESELLERS, OR OTHER MEMBERS OR USERS OF THE WEBSITE,
OR THEIR SUPPLIERS, LICENSEES, OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON
FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES RESULTING
FROM ANY USE OF MATERIALS OR OTHER USE OF THE WEBSITE.
12 ANY LIABILITY OF COMPANY, 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 MEMBER TO THE COMPANY FOR THE PRECEDING MONTHLY BILLING PERIOD OR PAID TRIAL PERIOD, AS APPLICABLE. 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. COMPANY IS NOT LIABLE FOR DAMAGES RESULTING FROM DISSEMINATING, FAILING TO DISSEMINATE, OR INCORRECTLY OR INACCURATELY DISSEMINATING ANY MATERIAL, DATA, ADVERTISEMENT OR OTHER COMMUNICATION AT OR THROUGH THE WEBSITE.
13. NO SCREENING OF THIRD PARTY CONTENT/LIMITATION OF LIABILITY.
You acknowledge that You understand that the Company does not screen or endorse
the content of any advertisements or communications submitted to or posted on
the Website by third-party licensees, advertisers, Users of the Website or other
persons, nor does the Company exercise any editorial control, prior screening
or supervision over such content. Users are therefore advised to use their 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 at the Website or otherwise relying on or responding to any communication
or information posted on, or accessed through the use of the Website.
Links To Third-Party Sites. You might access some of the content of the Website via hyperlinks that will connect You to third parties, or to third-party websites that may provide content to the Website. Those linked websites are not under the control of Company and Company has no editorial control or supervision over selection or display of the content provided by those third parties or those third-party websites. Company is providing You links to those third-party websites only as a convenience, and the inclusion of any link on Company's Website does not imply endorsement by Company of any other website or the content of any such website. The owners and operators of all third-party websites are solely responsible and liable for the content they provide to You.
You further acknowledge that You understand that the Company does not control the content of any information, messages, communication, personal data, photographs, video or audio content, or any other material posted or uploaded by Users of the Website (collectively, " User Originated Content"), and that You release the Company and its agents, officers, directors and employees, from any and all liability and responsibility, directly and indirectly, in connection with the content of any information, messages, communication or other User Originated Content You may receive from other Users of the Website.
Company claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for User Originated Content provided by third parties and members and nothing in this Agreement is intended to waive, remove, or usurp such immunity. You understand and agree that Company reserves the right, in its sole and exclusive discretion, to delete any content, messages, photos, profiles or other information posted on the Website by any User or any other person that in the sole judgment Company violates these Terms and Conditions or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Company and/or its members.
14. RESTRICTIONS ON MEMBERS’ COMMUNICATIONS; MEMBER LIABILITY
If the Company should, at any time, provide any service which enables Users
or other persons to communicate with or otherwise share information with other
Users or persons providing any kind of service to Users, or post information
at, in or on the Website, You agree not to post, submit, publish, display, disseminate,
or otherwise communicate any defamatory, obscene, pornographic, profane, inaccurate,
abusive, threatening, offensive, or illegal material, or any material which
would violate or infringe the copyright, trademark, rights of publicity, privacy
rights or other rights of any person or entity. You further acknowledge and
understand that transmission or publication of such User Originated Content,
or any other material that violates any federal, state, or local law in the
United States or anywhere else in the world, is strictly prohibited by Company
and that Your transmission or publication of such User Originated Content or
material shall constitute a material breach of this Agreement entitling the
Company to immediately terminate Your right to access or use the Website without
notice.
You acknowledge and agree that You, and not the Company, shall be solely responsible and liable for all damages, liability or other consequences, foreseen or unforeseen, of all User Originated Content which You submit, publish, display, disseminate or otherwise communicate through the Website even if a claim for damages or liability should arise after termination of service.
15. COMMUNICATIONS IN CHAT ROOM OR PUBLIC AREAS NOT PRIVATE
You further acknowledge and agree that all messages or content posted by You
or others in any Chat rooms or public areas of the Website shall be deemed to
be readily accessible to the general public and consequently should not be considered
private or confidential. Notice is hereby given that all messages entered into
this Website can and may be read by the operators of the Site, whether or not
they are the intended recipient(s).
16. AUTHORIZATION AND PERMISSION TO SEND SEXUALLY-ORIENTED COMMERCIAL EMAILS
TO YOU.
You hereby authorize and permit notices, advertisements, E-mail and other communications
to be sent to You from Company or its authorized agents, assigns, representatives,
advertisers and contractors by means of e-mail, including without limitation
e-mails, advertisements, notices and other communications containing explicit
sexual content and language and images of nudity or explicit sexual conduct.
Moreover, You agree that Your authorization and permission to Company to send
You such materials and communications shall continue to be in effect unless
and until You notify Company that You wish to be deleted from Company’s
email list.
17. OPT-OUT AND CANCELLATION PROVISIONS. At any time, You may opt out of future e-mailings and cancel Your receipt of future sexually-oriented e-mailing from the Company by clicking the unsubscribe link at the bottom of each e-mail.
18. NOTICES TO COMPANY OR MEMBERS.
Notices from the Website to Members may be given by means of electronic messages,
by general posting on the Website, or by conventional mail. Communications from
You to the Company may be made by electronic messages or conventional mail,
unless otherwise specified in the Agreement.
19. ENTIRE AGREEMENT.
This Agreement contains the entire agreement between the Member and Company
regarding Members' use of the Website, 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.
20. UNENFORCEABILITY OF PROVISIONS.
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.
21. AFFIRMATION OF AGREEMENT.
By joining this website, you hereby acknowledge and affirm that you have read
this entire agreement and that you AGREE to all its terms and conditions by
and by authorizing the use of your credit card for payment of charges and fees
for you maintaining a membership to the Website and for any other charges which
you may incur for goods or services ordered at or in association with the Website.