Terms of Service
Website User and Membership Terms and Conditions
The following Website User and Membership Terms and Conditions will apply to your use of/access to/membership in the following Websites, henceforth known as the “SITES”, a “SITE” or "we/our."
The following Terms and Conditions will also apply if you become a member of the SITE. Applications of these Terms and Conditions will begin when you access, use, read, print, view, install or download any content from the SITE or when you become a member of the SITE. This agreement is governed by the Electronic Signature in Global and National Commerce Act (E-Sign Act). You may indicate your agreement to the following Terms and Conditions by clicking on any tab with the words “I agree” or any similar wordage, or by any other action that signifies your acceptance of these Terms and Conditions. You may print a physical copy of this Agreement for your own personal reference. If you intend to withdraw your assent to the governance of the E-Sign Act, you may do so by contacting us via E-mail. You can access the electronic record through Internet Explorer TM, Netscape TM, Mozilla Firefox or other similar internet browsing programs.
We reserve the right to change any of these Terms and Conditions at any time without prior notice. Notification of any changes will be published on this page. You are responsible for being aware of any changes by periodically visiting and reviewing this page. If you continue to use the SITE even after notification of such changes has been posted, then it will be taken to signify your acceptance of these changes. If you find any of the changes are unacceptable, then you must terminate membership of the SITE immediately.
If you do not consent to have these Terms and Conditions apply strictly to you, exit this SITE immediately. You are not allowed to enter, use or access the SITE or any of the material on the SITE. You are not allowed to print/download any content from the SITE. Use, access and membership of the SITE is available only through acceptance of these Terms and Conditions. Please read the Terms and Conditions carefully before you begin accessing or using this SITE. In addition, refer back to these Terms and Conditions periodically to be aware of any changes that may have been made..
Your access to the SITE may involve fees such as those collected by your internet service provider. You are wholly responsible for all such fees, including those that are collected because of advertisements. You are also responsible for the purchase of any equipment that is necessary to access or use the SITE.
DISCLAIMER: This website is not affiliated with any other Programs than NerdPhobia.com and CezarCash.com, nor does it represent the views, positions or attitudes of people, institutions, organizations, clients, any employer(s), their clients, or any of their affiliated companies, past or present.
I. Images and Content
This SITE contains content that includes, but may not be not limited to, images, graphics, texts messages, software, data and other information, and any other websites that are owned, operated or otherwise controlled, by the SITE (collectively known as Materials). All these Materials are displayed on the SITE, and are protected by the first Amendment Rights to Free Speech, Freedom of the Press, Free Expression and other Constitutional provisions. You recognize that the SITE may contain web content that may be deemed “erotic” or “adult” in nature. You also concede that some of the content or Materials available on the SITE may include graphic visual or graphic audio content or descriptions of sexually explicit activities that may be offensive to you. You concede that you are aware that the Materials on the SITE may contain such explicit matter, and that you are not disturbed or offended by it. You concede that your access to the SITE is wholly free of your will and voluntary. You concede that the SITE contains only images that are governed by the first amendment of the US constitution. If you are looking for information about illegal activities, exit this SITE immediately. You also concede that you are aware of the standards of society, and that you will only access the Materials on the SITE, if you believe that the Materials on the SITE do not offend the standards of propriety existing in your Society.
You also agree not to access or otherwise use the SITE if you would be violating your state, province or federal laws by doing so.
II. Age of Majority and Membership
Age of Majority
You guarantee that you are a minimum of 18 or 21 years of age depending on the age of majority in the province, state, or country of your jurisdiction. You guarantee that by virtue of your age, you have the legal right to enter into this agreement. If you are below 18 or 21 years of age depending on your province, state, country of jurisdiction, exit this SITE immediately. You may not access or use this SITE, or download/print any content or any of the Materials contained on the SITE. As a condition of entry to the SITE, you may have to validate your birth date on the Birth Date Verifier Form, according to 28 USC 1746. You agree not to evade any security features on this SITE. We do not accept responsibility for any falsifications regarding the age of any user of this SITE.
You may not assign, transfer or sell membership of this SITE to any third party. We disown and reject any liability that arises from deceitful entry and access/use of the SITE. In case of deceitful access of the SITE by a user, the SITE reserves the right to terminate the user’s membership immediately and to take appropriate actions under any state, federal or international laws that may be applicable.
No Child pornography
The Materials on the SITE do not include child pornography. All models seen on the SITE are/were, at the time of recording the images, at least 18 years of age. If you are looking for child pornography, exit the SITE immediately. You concede that all Materials on the SITE are protected by the First Amendment. If you recognize any images, either real or computer-generated, depicting activity between minors on the SITE, please report these images to the SITE with all details, including the date and time you saw the images. We will investigate all reports, and take appropriate action as necessary, with the cooperation of law enforcement agencies that investigate child pornography.
IV. Access to Limited license and interference with SITE
In order to access the SITE or its Materials, you may be required to provide certain information as the condition for your use of the SITE. All details you provide must be factually correct and complete. If the SITE has reason to believe that the details you provided are not correct or complete, the SITE reserves the right to deny you access to any of its resources and Materials, or terminate your access at any given time.
The SITE gives you a personal license to access the SITE and the Materials contained within. The license is non-exclusive, non-transferable and limited. All Materials on the SITE are provided only for non-commercial use by viewers, and prospective subscribers of the SITE. Any commercial use of the Materials on the SITE is strictly prohibited. Users who make commercial or unauthorized use of the SITE or its Materials will have their limited license terminated immediately. You guarantee that you will not allow a minor access to the SITE or any of its Materials. You guarantee that you will not redistribute any of the Materials contained within the SITE. In case you breach any provisions of this limited license agreement, the SITE will reserve the right to terminate your license immediately. In such, you cases, you will also be required to destroy any of the Materials that you have already copied from the SITE through downloading, printing or other means of copying. In case of violation of the limited license, you may face prosecution under applicable state or federal laws.
You may not translate, decompile, disassemble or use the SITE Materials to create derivative works. You may not utilize automatic or manual devices or procedures to make a reproduction of the SITE. You may not utilize any software, computer code or device that would interfere with or damage the SITE.
V. Restriction of use of SITE
You may use the SITE only for those purposes that are contained in the Terms and Conditions of the SITE. The SITE may not be used for any other purposes without obtaining prior written permission. These unauthorized activities include
Duplication of the SITES or its Materials.
Creation of derivative works based on the SITE.
Commercial use of the SITE or the Materials contained on the SITE.
Redistribution of the SITE or any of the Materials contained on the SITE.
Removal of any proprietary notices (Like copyright notices) from the SITE or the Materials contained on the SITE.
Utilizing framing techniques on the SITE or the Materials contained on the SITE.
Use of Meta tags using the name or marks of the SITE.
Deep linking to any page of the SITE (This includes the home page).
Evading security tools used on the SITE.
Using data gathering and extraction devices on the SITE.
Decompiling or modifying any software of the SITE, except to the extent permitted by law.
Selling, renting, leasing or otherwise assigning your rights to access the SITE and its Materials to a third party. (This also includes transferring, sublicensing, distributing etc).
Bookmarking SITE pages after the registration login has expired.
You assent to provide cooperation to the SITE in terminating any unauthorized access immediately. In case the SITE offers a service that will enable its users to communicate with others, you assent not to publish illegal or offensive material. You take responsibility for the submission of any material that may be in violation of United States or international Laws.
You will provide the computer and other equipment necessary to use or access the SITE. The SITE reserves the right to make changes to its Materials and the design of the SITE at any time. You may obtain membership of the SITE by filling out an online registration form, subject to the acceptance of the SITE and payment of the subscription fee. Once you submit the online registration form, the SITE will begin processing the application. You agree to provide correct, complete and recent information about yourself. You agree to maintain and update the registration data as necessary, to keep it correct, recent and complete at all times. You agree to inform the SITE of all changes in the address that is mentioned in the billing information. You acknowledge that in case of furnishing of information that is incorrect, not recent or incomplete, the SITE will reserve the right to suspend or terminate your membership, and refuse future use of the SITE. You acknowledge that furnishing incorrect, outdated or incomplete particulars will also subject you to civil and criminal liability. You acknowledge that you are responsible for any dishonored checks and any fees arising out of actions related to these liabilities. .
Member Account, Password and Security
As part of the membership registration procedure, you will be issued a user name and a password that must be used before gaining access to the non-public areas of the SITE. You guarantee that you will not choose a user name which violates the rights of a third party. The SITE reserves the right to not allow user names it deems inappropriate. The SITE reserves the right to cancel the membership of a member who uses his user name in ways deemed inappropriate by the SITE. You concede that your membership, ID, and password cannot be transferred to a third party. You guarantee that you will not reveal your user name and password to a third party. You guarantee that you will not grant access to the SITE to persons who are below the age of maturity, according to your jurisdiction or who do not wish to access the Material on the SITE. You are wholly responsible for maintaining the confidential nature of your exclusive user name and password, and assume full responsibility for any activities occurring under your name and password. The SITE will not release your password to others. You agree to notify the SITE of any illegal use of your exclusive user name and password. You agree to make certain that you will exit your account upon completion of each session. You assume all liability and responsibility for any illegal use of the SITE until such time that you inform the SITE about the illegal use. You will indemnify the SITE against any activities that may be conducted by anyone through your membership account.
The SITE may offer discounts from regular selling price for monthly membership. By default discounted memberships are billed in advance for 3 months with recurring billing every 90 days.
If you have reason to believe that there has been a billing error, please bring the matter to our notice immediately. If you do not notify us of the error within 30 days after the error appears on an account statement, we will take it to mean that the fees are acceptable to you. If you do not notify us within 30 days, we will not be liable for any losses resulting from any error.
Members may download up to a maximum limit of 500 MB of the SITE content each day. When you have reached this limit, you may not access additional content until the next day.
In order to terminate your membership, please visit http//www.ccbill.com. You will be personally liable for all charges incurred by you for goods or services purchased through your use of the SITE. When we process your cancellation request, you will cease to have access to the private areas of the SITE that are open only to members. The SITE reserves the rights to temporarily or indefinitely suspend or terminate your access to the SITE at anytime without notice if
(a) We have reason to believe that you have committed a breach of any clause of these Terms and Conditions
(b) You do not pay any unpaid amount by the due date.
(c) We cannot verify information that you provide us.
(d)We have reason to believe that you're indulging in actions that may result in liability to us or our users.
(e)The SITE decides to terminate or discontinue its operations.
You acknowledge that the SITE shall not be held liable to you for cancellation of your membership of the SITE. You acknowledge that in case of termination of your account by the SITE, you will not try to register again without obtaining written permission from the SITE.
VIII. Disclaimer of Warranty
You agree that your use or access of the SITE or Materials contained on the SITE, is at your own risk. We provide the SITE and all Materials contained on the SITE “as is” without any kind of warranty, express or implied. These include, but may not be limited to, implied warranties of fitness for a particular purpose, merchantability or non infringement. The SITE provides no warranty that the SITE or any of the Materials contained on the SITE will be provided in a timely manner without interruptions or errors. The SITE makes no warranty about the quality, helpfulness, accuracy or reliability of the SITE or any of the Materials contained on the SITE. You expressly agree that you obtain any Materials though the use of the SITE or entirely at your own risk and discretion. You agree that you will be solely responsible for any damage caused to your computer systems, resulting from the downloading of any Material. You agree that the SITE does not offer any guarantee that files you download from the SITE will not contain viruses, worms or other forms of destructive code. The SITE is not responsible for your use of the SITE, and makes no guarantees regarding the purchase of any goods or services through the SITE. The SITE is not responsible for any confidential information that is shared by sellers and buyers through the SITE. We reserve the right to modify any information found on the SITE at any time of our choosing, including terms and services without prior notice. We do not guarantee updating of the information or Materials found on the SITE. Any warranties and representation established in this agreement are only with respect to this agreement. This warranty and representation will not extend to a third person. However, you may not be allowed to exclude certain warranties under some jurisdictions, and so, some of the warranty exclusions may not be applicable to you.
The SITE strictly prohibits users and members from providing services that are in violation of any laws. If we have reason to believe that you have provided any service or intend to purchase any service in violations of any laws, your membership and access to the SITE will be terminated immediately. We reject any liability for any damages arising from a user providing services that violate any laws. You acknowledge that you will be held liable to defend and indemnify us from any liability, arising out of violations committed by you. You also acknowledge that you will defend and indemnify us, in case of any harm caused to a third party because of these violations committed by you. You acknowledge that you will defend and indemnify us, in case we are forced to defend any legal claims, including criminal action brought against us by any party. You acknowledge that you will indemnify us from any liability arising from reviewing the materials on our SITE that could be offensive to a third party. If you find the Material offensive, you agree to exit immediately. If you are looking for services on the SITE that are in violation of any laws, exit the SITE immediately. Any and all disputes relating to the online store, will be directed at the store itself with no liability of the SITE.
You agree to defend, indemnify and hold harmless the SITE from and against any actions, including claims, losses, costs, liabilities, including but not limited to, legal and accounting fees from all direct and/or indirect damages resulting from you or a third party acting on your behalf, including but not limited to, governmental agencies, use, misuse or inability to use or access the SITE or any of the Materials contained on the SITE, or your violations of any of these Terms and Conditions. The SITE here includes the SITE, its officers, directors, employees, shareholders, telecommunication providers and independent contractors.
XI. Links and Linking
XII. Trademark Information
The SITE and above mentioned names of the SITES are trademarks of the SITES. Any products and service names contained on the SITE, may be trademarks of their respective manufacturer and companies, and may be the exclusive intellectual property of these owners. These names therefore, may not be used publicly without obtaining the written consent of the owners/holders of these trademarks. The logos, trademarks, domains and service marks of the SITE any not be used publicly, without obtaining written permission from the SITE. Further, these trademarks, logos, domains and service marks may not be used in a manner that may cause confusion among consumers, or in a manner that denigrates or defames the site
XIII. Copyright Information
The Materials available on the SITE or any other website that is owned, licensed, operated or otherwise controlled by the SITE, is the intellectual property or proprietary information of the SITE, or any party that provides Materials to the SITE. All rights, tittles and interest in the SITE, or any Materials contained on the SITE rest with the SITE, or any party that provides Materials to the SITE. Therefore, you may not copy, redistribute, republish, upload, modify, or otherwise transmit in any way, any of the Materials contained on the SITE without obtaining express written concern of the SITE, except for printing out a personal copy of the Materials. In printing out the Materials, you may not modify, alter or remove trademarks, service marks, trade names, copyrights or any other property information that may appear on any of the Materials. If you modify or use the content in a manner that is not exactly as laid out in these Terms and Conditions, then you are in violation of the SITE's intellectual property rights. By access to the SITE, you do not receive title or intellectual property rights. All Materials on the SITE, including photographs, graphics, text, video, audio, soundtracks, music, icons, animation, images, data compilations, downloaded Materials and any other software, is the exclusive intellectual property of the SITE, and/or the party that supplies the content to the SITE, and is therefore protected by United States and intellectual copyright law, as well as any other law that may apply.
XIV. Notice of Claimed Infringement
The SITE observes and complies with the Digital Millennium Copyright Act of the United States. If you have reason to believe that your work has been plagiarized in a manner that constitutes copyright or other forms of violations of your intellectual copyrights, please provide our designated copyright agent with the following details.
(a) Signature (Electronic or Physical) of the person who has been authorized to represent the owner of the copyright or intellectual property.
(b) Description of the copyrighted materials or the intellectual property that you believe has been infringed.
(c) A description of the location of the Material you believe has been infringed on the SITE.
(d) Your address, e-mail address, telephone number.
(e) A statement signed by you certifying that you have cause to believe that the disputed use of the Material has not been permitted by the owner of the Copyright, its agent or the law
(f) A statement signed by you and subject to perjury penalties, certifying that the above information is accurate to your knowledge, and you are the owner of the copyright or intellectual property owner, or have the authority to act on behalf of the copyright or intellectual property owner's behalf.
Please send your Notice of Claimed Infringement to 3422 Old Capital Trail #1596, Wilmington, DE 19808-6192
XV. Notice and Takedown Procedures
The SITE reserves the right to remove any content accessible on the SITE or any Materials that are claimed to be infringing. The SITE reserves the right to terminate the account of those who infringe copyright policies repeatedly, whenever appropriate. The SITE will remove Material that infringes on another person's copyright, according to the procedures as set in 17 USC 512 of the Digital Millennium Copyright Act (DMCA).If the notice does not comply with paragraph 19 and 512 of the Act, but complies with the requirements for identifying the SITE that are infringing, according to 512 of the act, the SITE shall take other reasonable measures to contact the complainant to help that party comply with the notice requirements. Upon receiving a valid notice, the SITE will remove and/or remove access to the infringing content, and then inform the effective user who may submit a counter notification to the designated agent, containing a statement testifying that the user has reason to believe that the content was removed because of an error in the identification of the Material. Once the Designated Agent has received the counter notification, the SITE will replace the Material concerned within a period of 14 days after receiving the counter notification. The SITE will reserve the right to change the policy. Users agree to regularly read this Terms and Conditions, so that they can be aware of any change in the rules.
XVI. Export Control
You acknowledge that the software elements of the SITE are subject to regulation by the United Department of Commerce and other agencies of the United States. Export of Materials to certain countries may be contrary to United States or international Laws and are therefore, prohibited. You guarantee that you will not license the Material on the SITE to a third party, and you will not permit unapproved persons to receive controlled commodities under federal or international laws and regulations. You guarantee that none of the Materials will be shipped, or exported directly or indirectly, to any countries that are embargoed by the United States or their nationals.
XVII. No Agency Relationship
None of the terms of this agreement shall be taken to constitute, imply, create or recognize any partnership, joint venture, or established business entity of any kind. The rights and obligations of the party will be restricted to those that are clearly set forth within.
If you wish to deliver a notice under this agreement, you may send it by e-mail to a valid e-mail address of the party who is to be noticed, or through a general posting on the SITE, or via a commercial delivery carrier. Users may provide notices to the SITE by electronic message, unless the agreement specifies otherwise.
Change of Agreement
To inform of a change of address, you may send a notice to the other party subject to this provision of agreement.
When Notice is Effective
A notice is generally deemed to be effective when it is delivered. Notices that are delivered by commercial carrier shall be deemed delivered on the business day that follows the mailing day. Notices sent by United States mail, registered mail, posted prepaid mail or certified mail with return requested, will be deemed delivered 5 days after mailing. Notice delivered through any other method will be deemed delivered upon receipt. Notices delivered via e-mail or fax will be deemed accepted under this agreement, provided that they are delivered one hour after, if sent during business hours or 9 am (timing of the recipient) the following business day. In case of any notice that is addressed properly, but is refused, unclaimed or undeliverable because of any act of the party to be notified, it will be deemed received effective on the first date that the notice was refused or deemed undeliverable by the postal authorities, e-mail server, facsimile machine, or commercial courier service.
XIX. Communication not Private
You acknowledge that all messages transmitted to the SITE are easily accessible to the general public. Visitor must not use the SITE to send any private communication which is meant only for the sender and the intended recipient to read. Besides, the SITE does not offer any facility for sending or receiving of private electronic communications. You acknowledge that if a message is posted on the SITE, it may be read by the operators and agents of this service, even if there are not the intended recipients of these messages.
XX. Force Measure
The SITE shall not be held responsible for any transmission or performance failures because of unforeseen circumstances that are beyond our control, including fires, earthquakes, floods, storms, hurricanes, war, embargoes, terrorism, fiber cuts, shortage of transportations, shortages of labor, materials and fuel, failure of communication infrastructure, hacking activities, spam, computer or server failures, or software failures, far as long as the event continues to interfere with the performance of the SITE.
XXI. General Provisions
A. Governing Law
The Terms and Conditions laid out above and any and all matters relating to these, shall be governed by the laws of the state of Florida. These laws however exclude the conflict of law provisions. These Terms and Conditions do not apply to The United Nations Convention on Contracts for the International Sale of Goods. Any parties will therefore submit to the personal jurisdiction of both state and federal courts of the state of Florida. The state and federal courts in Miami-Dade, Florida will be the sole and exclusive venue for litigation arising out of or relating to these Terms and Conditions in this agreement.
B. Rights to Injunctive Relief
All parties accept that any legal remedies may be inadequate to provide any wrong party with complete compensation in case of a breach by the other party. In such cases, both parties accept that the wronged party will be entitled to seek injunctive relief in addition any other remedies that are available under the law.
C. Binding Arbitration
In case of any dispute between the parties relating these agreements, the parties will negotiate in good faith to resolve the dispute. However, in case parties are unable to resolve the dispute through negotiations, then either party may bring the issue to binding arbitration according to the Commercial Arbitration Rules of the American Arbitration Association. Claims may include, but are not limited to, tort and contract claims, based on federal, local and state laws. Claims relating to unemployment insurance, workers compensation laws, injunction actions and other equitable relief claims cannot be brought to arbitration. Any arbitration will be conducted in Miami-Date County, Florida by a single arbitrator, who will have no authority to award punitive damages, certified class actions or violate in any way, the provisions of these Terms and Conditions, and be governed by all applicable laws. The arbitrator will submit a written opinion containing all Material facts and the basis of the decision within 30 days after the arbitration process ends. The parties waive any rights to a jury trial in regard to these arbitral claims.
The rights and liability of all parties will bind to their respective assignees, successes, administrators and executors.
If a court or an arbitrator finds that any provisions contained in these Terms and Conditions cannot be enforced, then the provision in question will be enforced to the maximum extent allowed. The remaining provisions of these Terms and Conditions will continue to be in effect in full force.
F. Attorneys Fees
In case any party commences any legal actions, including claims, formal legal action or arbitration in order to enforce the Terms and Conditions contained in these agreement, or anywhere relating to this agreement, including breaches of representations or breaches of warranty, the prevailing party in any legal actions will be entitled to recovery of attorneys fees and costs that are incurred in connection with the proceedings. This recovery will include the cost of attorneys' fees incurred during appeal, and will be in addition to other available relief.
If any term or provision contained in these Terms and Conditions is held unenforceable by a court, this unenforceability will have no impact on the validity or enforceability of any other term or provision contained in these Terms and Conditions. Any invalid Terms and Conditions will be deemed to be eliminated from these Terms and Conditions
Headings contained are only for convenience or reference purposes, and will not be taken to affect the construction, meaning or effect of these Terms and Conditions.
All provisions in these Terms and Conditions will constitute the entire and complete agreement with regard to your access and your use of the SITE, Materials contained on the SITE and your membership of the SITE. These Terms and Conditions will replace or supersede all previous or simultaneous agreements, written or oral regarding the subject matter. No amendment of these Terms and Conditions will be binding, unless these are provided duly signed by a representative authorized to act on behalf of both parties.
The SITE reserves the right to modify, change or alter any of the provisions in these Terms and Conditions. You agree to periodically review these Terms and Conditions, and be aware of any changes to these. If you continue to use the SITE after the SITE posts any modifications to these Terms and Conditions, it will constitute your acceptance of these modifications. The SITE does not assume any responsibility or obligation to notify you of any changes to these Terms and Conditions. You may not amend any of these Terms and Conditions without permission by the SITE.
The software aspects of the Materials are “Restricted Computer Software” or “Commercial Computer Software”. These definitions are to be taken within the meaning of regulations like FARs, the DFARs and others that relate to government acquisition of computer software. No portion of the SITE will be deemed to
(1) Grant any government agencies any rights that supersede those that are mandated by statute, law or regulation for commercial computer software that is created entirely from private expense.
(2) Limit government rights in any custom solutions or extensions developed government assent. You also assent not to upload data or software that is prohibited to be exported without prior written authorization by the government to the SITE. This includes, but is not limited to various kinds of encryption software. These assurances will continue even after termination of this agreement.
The SITE does not guarantee that the SITE or any of the Materials contained on the SITE are available for use in other geographical areas and access to the SITE or any of the Materials contained on the SITE from areas where such content may be prohibited. Persons who access the SITE from such geographical areas, will do so on their own judgment, and these persons are solely responsible for their observance of all local laws that may apply.