TERMS AND CONDITIONS OF MEMBERSHIP
1) For good and valuable consideration, the sufficiency of which is acknowledged
by you and Perfect 10, Inc., you hereby agree to become a subscriber to
Perfect10.com and Perfect10dating.net.net (hereinafter referred to as
perfect10.com), 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 Perfect 10, Inc. the owner
of perfect10.com and perfect10dating.net. Subject to the terms and conditions
set forth in this Agreement, Perfect 10, Inc. agrees to provide to you
all the privileges of subscription to Perfect10.com available to a Subscriber
in good standing. This Agreement is subject to change by Perfect 10, Inc.
at any time, and changes are effective upon notice to the Subscriber by
e-mail, posting at or via hyperlink to Perfect10.com, or by mail.
2) ALL MATERIALS, INCLUDING MESSAGES,
AND OTHER COMMUNICATIONS, CONTAINED AT Perfect10.com ARE INTENDED FOR
DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE THE MATERIALS,
MESSAGES AND OTHER COMMUNICATIONS CONTAINED AT Perfect10.com 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 Perfect10.com OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES
ADVERTISED AT OR IN Perfect10.com. YOU HEREBY ACKNOWLEDGE THAT MATERIALS
PRESENTED AT AND/OR DOWNLOADABLE FROM Perfect10.com INCLUDE EXPLICIT VISUAL,
AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND HETEROSEXUAL, BISEXUAL,
AND/OR TRANSSEXUAL SITUATIONS 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 Perfect10.com 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 Perfect10.com only as authorized by the
Perfect 10, Inc.. 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
the Perfect 10, Inc. does not authorize such access, viewing, downloading,
receipt or other use. I hereby acknowledge and agree that no materials
from any parts of Perfect10.com are authorized, and no materials are intended,
by the Perfect 10, Inc. 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 Perfect10.com, 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 Perfect10.com's and potentially
other's intellectual property rights and other rights in such materials
and shall further constitute a violation of Perfect10.com's trademark
and other rights, including, but not limited to, rights of privacy.
4) I agree to be personally liable
and fully indemnify Perfect10.com for any and all damages directly, indirectly
and/or consequentially resulting from my attempted or actual unauthorized
downloading or other duplication of materials from Perfect10.com 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 Perfect10.com
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 nonrefundable; and you must be 18 years of age or older to receive
a membership to Perfect10.com. For your convenience and satisfaction,
all memberships will automatically renew upon expiration unless your subscription
is canceled 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 Perfect10.com
subscription rates. Current membership is $2,99 for 3 days. If not canceled
at last 24 hours prior to end of trial period, you will be discreetly
charged $25.50 per month. All membership cancellations can take place
by visiting http://www.wnu.com/cancel/auto.html. b. Other fees and/or
charges for goods and services ordered at, through and/or from Perfect10.com
and its licensees.
6) Subscriptions may not be assigned or transferred to any other person or
entity. Passwords to perfect10.com are proprietary, trade secret Property
of Perfect 10, Inc. and may not be posted on the internet or otherwise
given to third parties. Subscriber must promptly inform Perfect 10, Inc.
of the following: changes in the expiration date of any credit card used
in connection with Perfect10.com; 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 Perfect 10, Inc. is notified,
by conventional mail, web site form, or by telephone to Perfect10.com
Customer Service Department at (734) 662-5250, during normal business
hours of a breach in security, the Subscriber will remain liable for any
unauthorized use of Perfect10.com. Upon request, Subscribers will be given
access to billing records that support charges for use of the Perfect10.com.
7) Payment for the services provided to you at and/or through Perfect10.com may be made by
automatic credit card and you hereby authorize Perfect 10, Inc. 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 Perfect10.com, or as unauthorized any charge by Perfect10.com,
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 Perfect10.com or any
fraudulent reporting of an unauthorized charge to Perfect10.com 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 Perfect10.com remains outstanding at the time of such fraudulent
reporting, you shall be liable to Perfect10.com 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
8) Subscription to Perfect10.com may be terminated or suspended at any time, and without
cause, by either Perfect 10, Inc. or Subscriber upon notification of the
other by electronic means, conventional mail, or by telephone. You agree
to be personally liable for all charges incurred by you during or through
the use of Perfect10.com. 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 Perfect10.com. Access to and use
of Perfect10.com is through the use of a password. Each Subscriber must
keep his password strictly confidential. For security reasons, Perfect10.com
will not release passwords. Unauthorized access to Perfect10.com is a
breach of this Agreement and a violation of law.
10) Subject to the terms and conditions set forth herein, Perfect10.com hereby
grants you a limited, non-exclusive and nontransferable license to use
graphic files, audio files, video files, text, hyperlinks, interlinks,
search engines, and other software associated with authorized Subscriber
use of Perfect10.com which Perfect 10, Inc. 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 Perfect10.com, 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 Perfect 10, Inc.. 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) All Materials displayed at or otherwise available through Perfect10.com
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 Perfect 10, Inc.. All editions of Perfect10.com, and
all Materials and other matter used directly or indirectly in, at, by,
through and/or with Perfect10.com 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 Perfect10.com
shall at all times remain in Perfect 10, Inc., 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 the Perfect
10, Inc., 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 the Perfect 10, Inc. 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 Perfect
10, Inc. are provided on an "AS IS" basis, without warranties
of any kind, including without limitation the warranties of merchantability,
and fitness for a particular purpose. The entire risk as to the quality
and performance of the Materials and all services provided by Perfect
10, Inc. is borne by you. Should the Materials or any other service provided
by Perfect 10, Inc. prove defective and/or cause any damage to your computer
or inconvenience to you, you, and not Perfect 10, Inc., 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 Perfect 10, Inc., 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 Perfect10.com.
13) Any liability of Perfect 10,
Inc., 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 Perfect 10, Inc. 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
14) "Perfect 10" is a service mark of Perfect 10, Inc., All
rights are reserved.
15) All materials included at Perfect10.com are for the private use by Subscribers
only. No other uses are intended by Perfect 10, Inc. and any other use
is strictly prohibited.
16) Notices from Perfect10.com to Subscribers may be given by means of e-mail,
by general posting on Perfect10.com, or by conventional mail. Communications
from you to the Perfect 10, Inc. may be made by e-mail, conventional mail
or telephone. All questions, complaints, or notices to Perfect10.com may
be sent via email to webmaster@Perfect10.com.
AGREEMENT SPECIFICALLY RELATING TO PERFECT10DATING.NET
a. You are solely responsible for any materials (including profiles or
photos) and messages ) that you publish or display (hereinafter, "post")
on the Website or via the Service, or transmit to other Members.
b. By posting Content to any public area of Perfect10dating.net, you automatically
grant, and you represent and warrant that you have the right to grant,
to Perfect10dating.net an irrevocable, perpetual, non-exclusive, fully
paid, worldwide license to use, copy, perform, display, distribute and
sell such information and content and to prepare derivative works of,
or incorporate into other works, such information and content, and to
grant and authorize sublicenses of the foregoing.
c. You understand and agree that Perfect10dating.net may review and remove
any Content that in the sole judgment of Perfect10dating.net violates
this Agreement or which, in the sole discretion of Perfect10dating.net,
might be offensive or illegal or might violate the rights of, harm, or
threaten the safety of Members.
d. The following is a partial list of the kind of Content that is prohibited
on the Website. Perfect10dating.net reserves the right to investigate
and take appropriate action in its sole discretion against anyone who
violates this provision, including without limitation, removing the offending
communication from the Website and Service and terminating the membership
of such violators. It includes Content that:
o may be offensive to Website users, such as Content that promotes racism,
bigotry, hatred or physical harm of any kind against any group or individual;
o harasses or advocates harassment of another person;
o involves the transmission of "junk mail," "chain letters"
or unsolicited mass mailing or "spamming";
o promotes information that you know is false, misleading or promotes
illegal activities or conduct that is abusive, threatening, obscene, defamatory
o promotes or enables unauthorized copying of another person's copyrighted
work, such as providing computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices,
or providing music or links to music files;
o contains restricted or password only access pages, or hidden pages or
images (those not linked to or from another accessible page);
o exploits anyone under the age of 18 in a sexual or violent manner;
o solicits personal information from anyone under 18;
o provides instructional information about illegal or potentially harmful
activities such as making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses;
o solicits passwords or personal identifying information for commercial,
unauthorized or unlawful purposes from other users; and
o engages in commercial activities and/or sales such as contests, sweepstakes,
barter, advertising, and pyramid schemes.
e. You must use the Website and the Service in a manner consistent with
any and all applicable laws and regulations.
f. You may not include in your Member profile any telephone numbers, street
addresses, last names, URLs or email addresses.
g. You may not engage in advertising to, or solicitation of, other Members
to buy or sell any products or services through the Service. You may not
transmit any chain letters or junk email to other Members. Although Perfect10dating.net
cannot monitor the conduct of its Members off the Website, it is also
a violation of these rules to use any information obtained from the Service
in order to harass, abuse, or harm another person, or in order to contact,
advertise to, solicit, or sell to any Member without their prior explicit
consent. In order to protect our Members from such advertising or solicitation,
Perfect10dating.net reserves the right to restrict the number of emails
that a Member may send to other Members in any 24-hour period to a number
which Perfect10dating.net deems appropriate in its sole discretion.
h. WARNING: It is possible that other Members or users (including
unauthorized users, or "hackers") may post or transmit offensive
or obscene materials on the Website and that you may be involuntarily
exposed to such offensive and obscene materials. It also is possible for
others to obtain personal information about you due to your use of the
Service, and that the recipient may use such information to harass or
injure you. Perfect10dating.net is not responsible for the use of any
personal information that you may choose to disclose on the Service. Please
carefully select the type of information that you post on the Service
or release to others.
17. Copyright Policy. You may not post, distribute, or reproduce
in any way any copyrighted material, trademarks, or other proprietary
information without obtaining the prior written consent of the owner of
such proprietary rights. Without limiting the foregoing, if you believe
that your work has been copied and posted on the Service in a way that
constitutes copyright infringement, please provide our Copyright Agent
with the following information: an electronic or physical signature of
the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located
on the Website; your address, telephone number, and email address; a written
statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law; a statement
by you, made under penalty of perjury, that the above information in your
notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner's behalf. Perfect10dating.net's Copyright
Agent for notice of claims of copyright infringement can be reached via
e-mail (Subject: Copyright).
18. Member Disputes. You are solely responsible for your interactions
with other Perfect10dating.net Members. Perfect10dating.net reserves the
right, but has no obligation, to monitor disputes between you and other
Members, arising from or related to the Website.
19. Privacy. Use of the Website and the Service is subject
Information you submit in your profile, except for your e-mail address,
real name and password, can be viewed by other visitors not only at Perfect10dating.net.com
but also by means of search engines and third parties because this information
becomes publicly available.
20. DISCLAIMERS. Perfect10dating.net is not responsible for
any incorrect or inaccurate Content posted on the Website or in connection
with the Service, whether caused by users of the Website, Members or by
any of the equipment or programming associated with or utilized in the
Website or the Service.
Perfect10dating.net is not responsible for the conduct, whether online
or offline, of any user of the Website or Member of the Service.
Perfect10dating.net assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission, communications
line failure, theft or destruction or unauthorized access to, or alteration
of, user or Member communications.
Perfect10dating.net is not responsible for any problems or technical malfunction
of any telephone network or lines, computer online systems, servers or
providers, computer equipment, software, failure of email or players on
account of technical problems or traffic congestion on the Internet or
at the Website, including injury or damage to users and/or Members or
to any other person's computer related to or resulting from participating
or downloading materials in connection with the Website or in connection
with the Service.
THE WEBSITE AND THE SERVICE ARE PROVIDED "AS-IS" AND PERFECT10DATING.NET
EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT, OR THAT THE WEBSITE OR THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE.
Perfect10dating.net cannot guarantee and does not promise any specific
results from use of the Website and/or the Service.
21. Limitation on Liability. You assume full responsibility
and risk for your use of the Website and the Service. Under no circumstances
will Perfect10dating.net be responsible for any loss or damage, including
personal injury or death, resulting from anyone's use of the Website or
the Service, any Content posted on the Website or transmitted to Members,
or any interactions between users of the Website, whether online or offline.
Perfect10dating.net and its affiliates are not liable to you or any third
person for any indirect, consequential, exemplary, incidental, special
or punitive damages arising from your use of the Web site or the Service,
even if Perfect10dating.net has been advised of the possibility of such
damages. If you live in a state whose laws prevent you from taking full
responsibility for your use of the service, our liability is limited to
the greatest extent allowed by law. Perfect10dating.net's liability to
you for any cause whatsoever, and regardless of the form of the action,
will at all times be limited to the amount paid, if any, by you to Perfect10dating.net
for the Service during the term of membership.
22. Export Controls. Use of this Website is not subject to
any export controls. Residents of any coutry may use Perfect10dating.net.
23. Disputes. If there is any dispute between us about or involving
the Website or the Service, you agree that the dispute will be settled
by binding arbitration in Los Angeles, California.
24. Indemnity. You agree to indemnify and hold Perfect 10,
Inc., its subsidiaries, affiliates, officers, agents, and other partners
and employees, harmless from any loss, liability, claim, or demand, including
reasonable attorney's fees, made by any third party due to or arising
out of your use of the Website or the Service in violation of this Agreement
or arising from a breach of this Agreement or any breach of your representations
and warranties set forth in this Agreement.
25) This Agreement contains the
entire agreement between the Subscriber and Perfect 10, Inc., perfect10.com
and Perfect10dating.net. regarding Subscribers' use of Perfect10.com,
and perfect10dating.net 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 Perfect 10, Inc.