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OlderWomanFun Terms of
Service
OlderWomanFun sites are an online subscription service (the "Service")
owned and operated by Global Marketeers. Please carefully read and
understand these Terms and Conditions prior to becoming a subscriber to
the Service, as they constitute a binding legal agreement (the
"Agreement") by and between OlderWomanFun and persons who elect to become
subscribers to the Service (the "Subscribers").
1. As a Subscriber to the Service, you agree to be bound by each and every
provision contained in this Agreement (the "Agreement"). This Agreement
may be modified or amended by OlderWomanFun at any time, and changes are
effective upon notice to each Subscriber. Notices by OlderWomanFun to
Subscribers may be given via electronic messages through the Service, a
posting on the Service, or by mail.
2. Subscribers will be charged a subscription fee for the Service, in
accordance with OlderWomanFun's then-current billing terms.
3. Until such time as this Agreement is terminated in accordance with its
provisions, Subscriber agrees to pay his/her/its subscription fee by
credit card (or other approved facility or mechanism), and hereby
authorizes OlderWomanFun/Global Marketeers to charge Subscriber's credit
card (or other approved facility or mechanism) for the ongoing
subscription fee, and for any and all purchases or products and/or
services purchased by Subscriber from the Service.
4. OlderWomanFun has no responsibility for supplying Subscribers with
computer equipment or communications connections necessary to access the
Service. Subscribers are solely responsible for these items.
8. Upon becoming a Subscriber to the Service, OlderWomanFun will provide
the Subscriber with a unique ID and password which allows access to the
Service. The ID and password is issued by OlderWomanFun in the form of a
revocable license and remain the property of OlderWomanFun and constitute
proprietary information and are the property of OlderWomanFun. IDs and
passwords are non- transferable. Each Subscriber must keep his password
strictly confidential. Remember your password! For security reasons,
OlderWomanFun will not release passwords for any reason, except as may be
specifically required by law or court order. Transfer of any ID or
password to another person or entity, or allowing any person or entity
other than the Subscriber to access the Service via such Subscriber's ID
and password is strictly prohibited, and is a breach of this Agreement and
a violation of law. Each account (username) is limit to no more than 10
logins a day over a 24 over hour period. The said period lasts from 12:00
midnight EST to 12:00 midnight EST
9. Subscriber hereby swears and affirms under oath, warrants and
represents that he/she is at least eighteen (18) years of age (21 in some
jurisdictions) and has the legal capacity to enter into agreements of this
nature. You are solely responsible for knowing and understanding your
local laws concerning standards of content legality for purposes of
obscenity laws. Should you be unable to affirmatively make the
representations and warranties contained herein, do NOT subscribe to this
Service.
10. Under no circumstances, including, but not limited to, negligence,
shall OlderWomanFun or any of its related, affiliated companies be liable
for any direct, indirect, incidental, special, consequential or punitive
damages that result from the use of, or the inability to use the Service.
Subscriber specifically acknowledges and agrees that OlderWomanFun is not
liable for any defamatory, offensive or illegal conduct of any user, or
for 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 under contract or tort theory, or under any other cause
of action, for any amount over and above the amount paid by Subscriber to
OlderWomanFun for the preceding twelve (12) months.
11. OlderWomanFun MAKES NO
WARRANTIES OR REPRESENTATIONS AS TO THE INFORMATION, SERVICES OR PRODUCTS
PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. SUBSCRIBER'S USE OF
THE SERVICE IS AT HIS/HER OWN RISK.
OlderWomanFun, NOR ANY
PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVER OR
CONTENT, IS LIABLE FOR ANY DIRECT INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR
PUNITIVE DAMAGES ARISING FROM YOUR ACCESS TO, USE OF, OR INTERPRETATION
OF, THE SERVICE OR PRODUCTS OR SERVICES OR INFORMATION PROVIDED BY OR
THROUGH THE SERVICE. WITHOUT LIMITING THE FOREGOING,
OlderWomanFun MAKES NO
WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, OR NON- RESULTS OF
THE USE OF THE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY,
TIMELINESS, RELIABILITY OR OTHERWISE.
12. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE
EXCLUSION OF IMPLIED WARRANTIES. n.
14. Except for public domain material and electronic messages, all
material displayed on the Service is copyrighted by OlderWomanFun, or is
licensed under copyright by OlderWomanFun, and may not be copied,
redistributed, or downloaded, in whole or in part, without the prior
written consent of OlderWomanFun.
15. The Service is for the private, non- commercial enjoyment of
Subscribers only. Any other use is prohibited.
16. The Service enables Subscribers to share information with other
Subscribers. Subscribers agree not to submit, publish, or display on the
Service any defamatory, inaccurate, abusive, threatening, racially
offensive, or illegal material. Transmission of such material that
violates any federal, state, or local law, is prohibited and is a breach
of this Agreement.
17. Subscribers agree not to engage in advertising to, or solicitation of
other Subscribers to buy or sell any products or services through the
Service without prior written consent. Subscribers are responsible for
information they send, or display through the Service even if a claim
should arise after termination of service.
18. There are no facilities provided by the Service for sending or
receiving private or confidential electronic communications. All messages
shall be deemed to be readily accessible to the general public. Do not use
the Service for any communication for which the sender intends only the
sender and the intended recipient(s) to read. Subscriber hereby
acknowledges and agrees that all messages entered into this Service can
and may be read by the operators of the Service, whether or not they are
the intended recipient(s).
19. Notices by OlderWomanFun to Subscribers may be given by means of
electronic messages through the Service, by a general posting on the
service, or by conventional mail. Notices by Subscribers may be given by
electronic messages or conventional mail, unless otherwise specified in
the Agreement.
All questions, complaints, or notices to OlderWomanFun by means of
electronic message must be directed to support@olderwomanfun.com
All questions regarding new OlderWomanFun membership by means of
electronic message should be sent to support@olderwomanfun.com
20. This Agreement sets forth the full and complete understanding between
Subscriber and OlderWomanFun with respect to its subject matter, and
supersedes all prior understanding or agreements, whether written or
verbal. This Agreement may be modified upon notice by OlderWomanFun to its
Subscribers. Unless contrary to law or otherwise stated, each provision of
this Agreement shall survive termination. This Agreement shall be governed
by, and construed in accordance with, the laws of the State of Michigan
for contracts entered into and wholly performed within that State. The
prevailing party in any suit to enforce the terms hereof shall be entitled
to recover his/her/its reasonable attorneys' fees.
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