Terms and Conditions For Site
Usage, Billing, Canceling and Refunds
UPDATED Jan 17, 2013
" The charge on your credit card bill will appear as “DPG MEDIA GROUP"
DPG Media Group
2836 CURTIS ST
Memphis TN 38118
CANCEL MEMBERSHIP HERE
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 in accordance with Section 7 - Cancellation. DPG 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 by DPG Billing for any reason, it will be credited solely to the payment method used in the original transaction. MG Billing will not issue refunds by cash, check, or to another payment mechanism.
IT IS VERY IMPORTANT THAT YOU COMPLETELY READ THIS AGREEMENT BECAUSE BY YOUR DOWNLOADING CONTENT FROM BIG BOOTY CLUB / USING ANY OTHER SERVICES PROVIDED BY THE OWNERS OR OPERATORS OF THE WEBSITE, YOU WILL BE EXPRESSLY SIGNIFYING THAT YOU AGREE TO ALL THE FOLLOWING TERMS, CONDITIONS AND OTHER PROVISIONS, SET FORTH IN THIS AGREEMENT, INCLUDING IMPORTANT LIMITATIONS.
1. Parties To This Agreement And Consideration
The parties to this Agreement ("Agreement") are you ("You", sometimes referred to as a "User" of the Website), and DPG MEDIA GROUP., the owner of Big Booty Club / Big Booty Homegrown (the "Company"). As used in this Agreement, the terms "we" and "us" are used interchangeably to refer to the Company and the operators of the Website (sometimes referred to as Big Booty Club). By further accessing the Website or materials available at or in association with the Website, and for other good and valuable consideration, the sufficiency of which is acknowledged by You and the Company, You hereby agree to be bound by all the terms and conditions set forth in this Agreement.
2. Acknowledgement Of Sexual Content.
You hereby acknowledge that the Content made available at, in, though and in association with Website by the Company and/or other parties that may provide Content available at, in, through or in association with the Website ("Affiliated Content Providers") and other materials available at, in, through or in association with the Website, include explicit visual, audio, and/or textual depictions of nudity and sexual activities, that You are not offended by such materials, and that by agreeing to these terms and conditions You are warranting to the Company and to the Affiliated Content Providers that You are intentionally and knowingly seeking access to such explicit sexual materials for Your own personal viewing.
3. Age-Restricted Materials And Age Restricted Access
No persons under the age of 18 years (21 years in places where eighteen 18 years is not the age of majority) may directly or indirectly view, possess or otherwise use any of the contents of the Website, access Company computers to obtain copies of the Content provided by the Company or Affiliated Content Providers or place any orders for any goods or services advertised in, at, through or in linked association with, the Website.
4. Affirmation That You Are An Adult And You Are Not In A Prohibited Area
YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF 18 YEARS (21 YEARS IN PLACES WHERE 18 YEARS IS NOT THE AGE OF MAJORITY), YOU ARE NOT LOCATED IN A PROHIBITED LOCATION AND YOU WILL NOT ACCESS THE WEBSITE OR CONTENT MADE AVAILABLE THROUGH THE WEBSITE BY ANY AFFILIATED Content Providers FROM ANY PROHIBITED AREA.
5. Consequences Of Fraudulent Age Or Location Representation
You hereby acknowledge that You understand, and that You hereby agree, that any access to the age-restricted parts of the Website or Content made available by the Company or Affiliated Content Providers, by a minor or by any person located in a PROHIBITED AREA constitutes the unauthorized accessing of the Company's computers and databases in excess of the authorization expressly granted by the Company in this Agreement, and that such unauthorized access violates state, federal and foreign laws, including, without limitation, The Electronic Communications Privacy Act, 18 U.S.C. ?? 2701-2710, The Computer Fraud and Abuse Act, 18 U.S.C. ? 1030 and The California Comprehensive Computer Data Access and Fraud Act, Cal. Penal Code ?502 and constitutes trespass to chattels, and intentional copyright infringement(s) of the Company's copyrights in the Website and in Content owned by the Company, and/or other parties, that is displayed in, at or through the Website all of which are protected under the laws of the United States and other countries. You further acknowledge that You understand that any such unauthorized access of the Website and/or Company Content or Affiliated Content Providers' Content on the Company's computers could subject You to potential criminal prosecution and substantial civil liability. For example, intentional infringement of the Company's copyright in a single work could subject You to statutory damages of up to $150,000 per work infringed,
6. Grant Of Limited License; Membership Fees.
6.1 You acknowledge and agree that all the materials available at or through the Website are proprietary and constitute valuable copyright, trademark and other intellectual property owned by or licensed to the Company. In consideration of Your representations, warranties and acknowledgments in this Agreement, and conditioned upon the truth of Your affirmation that You are an adult not located in a PROHIBITED AREA, and payment of all Membership Fees and other Fees You have agreed to pay, the Company hereby grants You a single user license to access its computer servers to use the Website for Your private and non-commercial entertainment and educational use and enjoyment only.
6.2 Membership Fees; Billing. FEES; CANCELLATION
6.2.1 By signing up for a subscription or membership to the Website, accessing any the password protected area of the Website, using any "member's only" content available in at or through the Website, or by accepting these terms and conditions by any other legally recognizable means, you hereby acknowledge and agree that you will be irrevocably agreeing to all the terms, conditions, obligations, warranties, and other provisions set forth in this Agreement, including the authorization for and acceptance of full financial responsibility for, all charges set forth. Our billing cycle on monthly memberships is every 30 days. Cancel Membership Here
6.2.4 If you choose a paid trial option, for your convenience, trial and monthly memberships will automatically renew upon expiration unless your subscription is canceled. The cost of renewal will not exceed monthly membership cost at time of members' initial subscription. Current monthly membership cost is an amount of $99.99 monthly based on the 1.00 offer presented at the time of your subscription.. Some trial members may have limited access. Monthly members get 100% access to everything on the Website. Special promotional rates are bound by the same terms. These terms may change at anytime without notice. All billing will be done on the 1st of each month, we do not prorate billing, meaning if you join in the middle of the month you will still be billed for a whole month.
6.2.5 You agree that if you do not send the Company notice of cancellation of your membership from the expiration of your membership term (including any free or promotional membership terms), or within your trial period in the case of trial membership the Company shall, with the full authorization You hereby provide, automatically and without further notice, renew Your membership to Website for successive periods of 30 days.
6.2.6 TO CANCEL YOUR MEMBERSHIP YOU MUST NOTIFY THE COMPANY OF YOUR CANCELLATION BY E-MAIL, TELEPHONE, OR U.S. AT LEAST THREE (3) DAYS BEFORE THE EXPIRATION DATE OF YOUR THEN CURRENT MEMBERSHIP TERM (or within your trial period in the case of trial membership).
6.2.7 All cancellations received by the Company will be effective upon receipt.
6.2.8 You hereby acknowledge and agree that if You cancel Your monthly membership, or if Your monthly membership is cancelled by the Company, Your 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 for any reason. You agree that if you cancel at any time after purchasing a monthly membership to Website (e.g., 60 minutes after you sign up), You will still be charged the full month's membership fee.
6.2.9 The Company may, at any time and at its sole discretion and without cause or the providing of any reason, cancel any free lifetime or paid trial or premium monthly membership.
6.2.10 You hereby authorize the Company to authorize your credit card or checking account for the amount of a trial or one (1) month membership in accordance with this Agreement. You hereby authorize the Company to charge Your credit card or checking account (which You hereby acknowledge was entered by You into the sign-up page) to pay for Your membership fee and all monthly membership fees to Website at the then current standard monthly membership rate. You further hereby authorize the Company to charge Your credit card or checking account for any and all purchases of products, services and entertainment available through, at, in or on, or provided by, Website. You agree to be personally liable for all charges made by You in relation to the use of the Website or any goods or services purchased in relationship thereto, regardless of whether such charges were incurred directly by You or by one or more persons acting on your behalf, under your instruction, as your agent or your representative, regardless of whether such actions on your behalf were authorized actions in accordance with this Agreement or not. Your liability for such charges shall continue after termination of Your membership.
6.2.11 You understand and agree that Your membership to the Website will be billed to the credit card or checking account used to purchase such membership.
7. Termination of Your License To Use Website
You acknowledge and agree that We may, in our sole discretion, terminate or suspend Your access to all or part of the Website at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Your access to all or part of the Website at Our sole discretion, and You may be referred to appropriate law enforcement agencies.
8. Important Access And Use Restrictions
You acknowledge and agree that You may only access, view, download, receive materials available at, in or through the Website, including Content provided by Website Content Providers, only in accordance with these terms and conditions and other restrictions set forth in this Agreement and otherwise posted on the Website, including specific terms and condition associated with the acquisition of Website Content Provider's Content, and posted revisions of this Agreement. You may access and use the Website only on one computer at a time and You may make only a single copy of the parts of the Website You access for Your own personal noncommercial educational and entertainment use and enjoyment. You may not use content for any commercial purpose whatsoever. You may not re-publish or provide any parts of the Website or any Website Content Providers' Content to any other person without express prior written authorization by the Company. Such prohibited uses include, without limitation, emailing, phone messaging or any other publication of the Website or Website Content Provider's Content, in whole or in part, on any web page, including on any personal web page You may own or be affiliated with, including any MySpace? page, regardless of whether any of the aforementioned uses are commercial or non-commercial. Any and all such unauthorized use will constitute intentional copyright infringement that could subject You to serious potential liability.
9. Service Marks (Trademarks)
bigbootyclub.com.com, herbootybig, mybootybig.com, bigbootyhomegrown.com, sexybrown.net, thickbootyhoes.com, bigbuttsexdates.com No use of these marks by You or any other User shall be permitted except through the prior written authorization and permission of Company. All rights reserved.
10. Indemnification For Unauthorized Use Of Content, Website Or Other
You agree to be personally liable for any breach of this Agreement by You. You also agree to fully indemnify the Company and the Company's directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns for any and all damages directly, indirectly and/or consequentially resulting from any breach of this Agreement by You, including, without limitation, any damages resulting from any attempted or actual unauthorized, accessing, downloading, viewing, copying or distribution of the Website, in whole or in part, by You, 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 such unauthorized activities, including, without limitation, attorney's fees and all litigation and criminal defense costs.
11. You May Not Transfer Or Assign Your Access Rights Or Other
You shall not, under any circumstances, have the right to transfer or assign Your license to use the Website or any license(s) to use any Content You might obtain in, at, through or in association with, the Website, and You acknowledge that any attempted transfer or assignment of any such rights shall be void from the beginning.
12. Any passwords that are issued for use at or in association with the
Website or any Content provided by a Website Content Provider or affiliate are
for Your individual use only
You will be responsible for the security of Your password(s). You must keep password(s) issued by the Company and/or Website affiliates strictly confidential, and You hereby agree to do so. If You use a password that the Company considers to be insecure, the Company shall be entitled to require the password to be changed and/or terminate Your authorized access to password protected areas. Any sharing of passwords or any other methods of unauthorized access to the Website with any other person is strictly forbidden. You agree that if You become involved in any violation of system security or if the Company or any Website affiliates reasonably so believes, the Company and all Website affiliates shall independently have the right to release details regarding such incidents and Your personal information to governmental agencies and system administrators at other sites in order to assist them in resolving security incidents, and to do so without any incurring any liability to You whatsoever.
13. Code Of Conduct
You agree, warrant and covenant to use the Website in accordance with the following Code of Conduct and that we may terminate Your right to use or access the Website and/or Content for violating any of these provisions:
13.1 You will not use the Website to engage in any form of illegal conduct, harassment or offensive behavior, including but not limited to the posting or uploading of communications or any graphic, video or audio content to the Website which contain libelous, slanderous, abusive or defamatory statements, or racist, obscene or offensive language.
13.2 You will not use the Website to infringe the privacy rights, property rights, including intellectual property rights, or any other rights of any person or entity, including, without limitation, the Company's rights, Website affiliate's rights or any other Website user's rights.
13.3 You will not download or access any content available at or in association with the Website that does not comply with the community standards of the community to which You desire to have such content delivered or transmitted.
14. Authorization And Permission To Communicate With You
15. Disclaimers; No Warranties; Your Use Of This Site Is At Your Own
You hereby agree that the use of the all materials, features, functions and all other goods and services provided to You by the Company, and the use of any and all Content provided by Website Content Providers and affiliates are provided to You on an "as is" basis, without warranties of any kind, including, without limitation, warranties regarding the availability, accuracy, or content of materials, information, product or services, or warranties of merchantability, fitness for a particular purpose, title or non-infringement, and Company and Website Content Providers and affiliates expressly disclaim all such warranties. Neither the Company, Website affiliates nor any Website Content Providers warrant that the functions of the Website or Content provided by any of the aforementioned parties nor does the Company warrant that any other materials available in, at, through or in association with, the Website will be uninterrupted or error-free, or that any discovered defects will be corrected. Under no circumstances and under no cause of action or legal theory, shall Company, Website affiliates, Website Content Providers or any of the Company's suppliers, licensees, resellers, affiliates or their suppliers, licensees or resellers 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 viruses, worms, Trojan Horses or other destructive software or materials, or communications by You or other users of the Website, or from any use of Content or any use of the Website whatsoever. This disclaimer of warranty constitutes an essential part of this Agreement. Some states do not allow exclusions of an implied warranty, so if for any reasons the choice of law provisions of this Agreement are deemed not to apply to this Paragraph, this disclaimer may not apply to You and You may have other legal rights that vary from state to state or by jurisdiction.
16. Cooperation With Law Enforcement
The Company, Website affiliates and all Website Content Providers independently reserve the right to fully cooperate with any and all law enforcement authorities and court orders requesting or directing Company, Website Affiliates and/or Website Content Providers to disclose the identity or other information regarding any person who is using or has used the Website or has obtained any Content available through or in association with Website. By accepting this Agreement and using the Website, You waive and hold harmless Company, Website affiliates, Website Content Providers and the operators of Website from any and all claims resulting from any and all actions taken by any of the foregoing during, or as a result of any law enforcement authority's investigations.
17. Affirmation Of Agreement; Acknowledge You Have Read This Entire
By clicking on a link intended to signify Your agreement to this Agreement, for example, by clicking the acceptance button, by continuing to access the Website and/or any service or other functionality available in, on, at or through the Website available at, in or through the Website, or by obtaining Content from any Website Content Providers, You agree that You are acknowledging and affirming that You have read this entire Agreement and that You agree to all its terms, conditions, warranties and other provisions. You further agree that Your acknowledgment and agreement to the entirety of this Agreement is reaffirmed by authorizing the use of Your credit card for payment of membership and/or other charges for licensed access to Content available in, at, through or in association with the Website, and each time You access any part of the Website that is age restricted, membership restricted or otherwise restricted for any reason.
DPG Media Group