Terms and Conditions For Site
Usage, Billing, Canceling and Refunds
UPDATED SEPTEMBER 1, 2009
IT IS VERY IMPORTANT THAT YOU COMPLETELY READ THIS AGREEMENT BECAUSE BY YOUR DOWNLOADING CONTENT FROM BIG BOOTY CLUB / BIG BOOTY HOME GROWN 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.
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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 bi-monthly memberships is every 60 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 bi-monthly membership cost at time of members' initial subscription. Current bi monthly membership cost is an amount of $99.99 bi-monthly based on the 1.00 offer presented at the time of your subscription.. Some trial members may have limited access. Bi-Monthly members get 100% access to everything on the Website. Special promotional rates are bound by the same terms
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 60 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., 120 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
Proprietary Materials
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
Privileges; Passwords
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
Please read our PRIVACY POLICY. You hereby authorize, permit and request
notices, advertisements, e-mail and other communications to be sent to You
from the Company and from Website affiliates, Website Content Providers and/or
their authorized agents, assigns, representatives, successors, affiliates and
contractors. You acknowledge and agree that such communications may include
any type of matter, including, without limitation, communications containing
explicit nudity, explicit sexual depictions, sexual language and explicit
sexual situations, including those involving heterosexuality, homosexuality
and transsexuality. You agree that the Company shall not be under any
obligation or restriction regarding the sale of Your email information to any
third parties for any purpose. Moreover, You agree that Your request,
authorization and permission to the Company send You such materials and
communications herein shall continue to be in effect unless and until You
notify the Company that You wish to be deleted from the Company's email list,
in which case, You acknowledge and agree that the Company shall be obligated
only to delete You from its email list and not the email list(s) of any third
parties regardless of how such parties obtained Your email information through
the Company. You acknowledge and agree that You will need to contact such
third parties to be deleted from their email list(s). If You do not wish to
receive advertising email from Company email
mhende6600@aol.com.
15. Disclaimers; No Warranties; Your Use Of This Site Is At Your Own
Risk
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
Agreement
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.
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DPG Media Group |