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You must read and agree to these terms and conditions before you
can become an active member of
ASIANTWINKS.COM. Please read them carefully.
1.For good and valuable consideration, the sufficiency of which is
acknowledged by you and the Company, you hereby agree to
become a subscriber to
ASIANTWINKS.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
ASIANTWINKS.COM. Subject to the terms and
conditions set forth in this Agreement, the Company agrees to
provide to you all the privileges of subscription to
ASIANTWINKS.COM available to a Subscriber in good standing. This
Agreement is subject to change by Company at any time, and
changes are effective upon notice to the Subscriber by e-mail,
posting at or via hyperlink to
ASIANTWINKS.COM, or by mail.
2.ALL MATERIALS, INCLUDING MESSAGES, AND OTHER
COMMUNICATIONS, CONTAINED AT ASIANTWINKS.COM ARE
INTENDED FOR DISTRIBUTION EXCLUSIVELY TO
CONSENTING ADULTS IN LOCATIONS WHERE THE
MATERIALS, MESSAGES AND OTHER COMMUNICATIONS
CONTAINED AT ASIANTWINKS.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 ASIANTWINKS.COM OR PLACE ANY
ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR
IN ASIANTWINKS.COM. YOU HEREBY ACKNOWLEDGE THAT
MATERIALS PRESENTED AT AND/OR DOWNLOADABLE FROM
ASIANTWINKS.COM INCLUDE EXPLICIT VISUAL, AUDIO,
AND/OR TEXTUAL DEPICTIONS OF NUDITY AND
HETEROSEXUAL, BI-SEXUAL, AND/OR TRANSEXUAL
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
ASIANTWINKS.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 ASIANTWINKS.COM only as authorized by the
Company. 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 Company does not
authorize such access, viewing, downloading, receipt or other
use. I hereby acknowledge and agree that no materials from any
parts of ASIANTWINKS.COM are authorized, and no materials are
intended, by the Company 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
ASIANTWINKS.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
ASIANTWINKS.COM's and potentially other's intellectual property
rights and other rights in such materials and shall further
constitute a violation of ASIANTWINKS.COM's trademark and other
rights, including, but not limited to, rights of
privacy. We reserve the right to make further communications on
members specials via email.
4.I agree to be personally liable and fully indemnify
ASIANTWINKS.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
ASIANTWINKS.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
ASIANTWINKS.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 non-refundable; and you must be
18 years of age or older to receive a membership to
ASIANTWINKS.COM. For your convenience and satisfaction, all
memberships will automatically renew upon expiration unless your
subscription is cancelled 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 ASIANTWINKS.COM subscription
rates. 10 Day Trial: 1.00, 1 Month:
$9.95, . All membership cancellations can
take place by visiting our MEMBER SERVICES area.
b. Other fees and/or charges for goods and services ordered at,
through and/or from ASIANTWINKS.COM and its licensees.
6.Subscriptions may not be assigned or transferred to any other
person or entity. Subscriber must promptly inform Company of
the following: changes in the expiration date of any credit card
used in connection with
ASIANTWINKS.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 Company is notified, by conventional mail,
web site form,
or by telephone to ASIANTWINKS.COM's Customer Service
Department at (888) 968-5834, during normal business hours of
a breach in security, the Subscriber will remain liable for any
unauthorized use of
ASIANTWINKS.COM. Upon request, Subscribers
will be given access to billing records that support charges for
use of the ASIANTWINKS.COM.
7.Payment for the services provided to you at and/or through
ASIANTWINKS.COM may be made by automatic credit card or
check debit and you hereby authorize Company 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
ASIANTWINKS.COM, or as
unauthorized any charge by
ASIANTWINKS.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
ASIANTWINKS.COM or any fraudulent reporting of an unauthorized
charge to ASIANTWINKS.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 ASIANTWINKS.COM remains outstanding at the time of such
fraudulent reporting, you shall be liable to ASIANTWINKS.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 Agreement.
8.Subscription to ASIANTWINKS.COM may be terminated at any time,
and without cause, by either Company or Subscriber upon
notification of the other by electronic or conventional mail, or by
telephone. You agree to be personally liable for all charges
incurred by you during or through the use of
ASIANTWINKS.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
ASIANTWINKS.COM. Access to and use of ASIANTWINKS.COM is
through the use of a password. Each Subscriber must keep his
password strictly confidential. For security reasons,
ASIANTWINKS.COM will not release passwords. Unauthorized
access to ASIANTWINKS.COM is a breach of this Agreement and a
violation of law.
10.Subject to the terms and conditions set forth herein,
ASIANTWINKS.COM hereby grants you a limited, non-exclusive and
non-transferrable license to use graphic files, audio files, video
files, text, hyperlinks, interlinks, search engines, and other
software associated with authorized Subscriber use of
ASIANTWINKS.COM which Company 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
ASIANTWINKS.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 Company.
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.Except for public domain material or material otherwise licensed
to Company for electronic dissemination, all Materials displayed
at or otherwise available through ASIANTWINKS.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 Company. All editions of
ASIANTWINKS.COM, and all Materials and other matter used
directly or indirectly in, at, by, through and/or with
ASIANTWINKS.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
ASIANTWINKS.COM shall at all times remain in Company, 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 Company, 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 Company 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 Company are provided on an "AS IS" basis, without
warranties of any kind, including without limitation the
warranties of merchantability, fitness for a particular purpose
and non-infringement. The entire risk as to the quality and
performance of the Materials and all services provided by
Company is borne by you. Should the Materials or any other
service provided by Company prove defective and/or cause any
damage to your computer or inconvenience to you, you, and not
Company, 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 Company, 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
ASIANTWINKS.COM.
13.Company does not screen or endorse advertisements or
communications submitted to ASIANTWINKS.COM by third-party
licensees, advertisers, or subscribers for electronic dissemination
through ASIANTWINKS.COM. Subscribers are therefore advised to
use their own judgment to evaluate all advertisements and other
communications available at or through the use of
ASIANTWINKS.COM prior to purchasing goods and/or services
described at ASIANTWINKS.COM or otherwise responding to any
communication at
ASIANTWINKS.COM.
14.Any liability of Company, 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 Company 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 to you.
15.Company is not liable for damages resulting from disseminating,
failing to disseminate, or incorrectly or inaccurately
disseminating any Materials, data, advertisement or other
communication at or through
ASIANTWINKS.COM.
16.No warranty is made by Company regarding any information,
services, Materials or products provided through or in connection
with the ASIANTWINKS.COM, and Company hereby expressly
disclaims any and all warranties, including without limitation:
1) any warranties as to the availability, accuracy, or content of
Materials, information, products, or services;
2) any warranties
of merchantability or fitness for a particular purpose. Some
states do not allow the exclusion of implied warranties, so the
above exclusion may not apply to you.
17."ASIANTWINKS.COM" is a service mark of
ASIANTWINKS.COM,
INCORPORATED. All rights are reserved.
18.All materials included at ASIANTWINKS.COM are for the private use
by Subscribers only. No other uses are intended by the Company
and any other use is strictly prohibited.
19.If the Company should at any time provide any service which
enables Subscribers to communicate with or otherwise share
information with other Subscribers or persons providing any kind
or service to Subscribers, you agree not to submit, publish,
display, disseminate, or otherwise communicate any defamatory,
inaccurate, abusive, threatening, offensive, or illegal material
while connected to or otherwise directly or indirectly using
ASIANTWINKS.COM or other services provided to you by Company.
Transmission of such material or any material that violates any
federal, state, or local law in the United States or anywhere else
in the world, is strictly prohibited and shall constitute a material
breach of this Agreement entitling Company to immediately
terminate all rights to access to
ASIANTWINKS.COM. You are solely
responsible for all information which you submit, publish, display,
disseminate or otherwise communicate through ASIANTWINKS.COM
even if a claim should arise after termination of service. If the
Company provides any such service described herein, you agree
that all messages and other communications by you shall be
deemed to be readily accessible to all other Subscribers who are
authorized to access ASIANTWINKS.COM and agree that all such
messages and other communications shall not be deemed to be
private or secure. Regardless of whether the Company provides
any type of service described herein, you agree that you have
hereby been informed and noticed that any and all messages
and other communications which you submit to Company directly
or through ASIANTWINKS.COM can be read by the operators and/or
other agents of Company, whether or not they are the intended
recipient(s).
20.Notices from ASIANTWINKS.COM to Subscribers may be given by
means of e-mail, by general posting on
ASIANTWINKS.COM, or by
conventional mail. Communications from you to the Company
may be made by e-mail, conventional mail or telephone. All
questions, complaints, or notices to ASIANTWINKS.COM may be
sent in the following manner:
a. by means of the web site form; or
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b. by telephone to
PAYCOM.NET' Customer Service
Department during normal business hours to
888-968-5834
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21.This Agreement contains the entire agreement between the
Subscriber and Company regarding Subscribers' use of
ASIANTWINKS.COM, 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 Company. This
Agreement shall be governed by and construed under the laws
of the State of California and the United States as applied to
agreements between California state residents entered into and
to be performed within the State of California, except as
governed by Federal law. The application of the United Nations
Convention of Contracts for the International Sale of Goods is
expressly excluded. If any provision of this Agreement is held to
be unenforceable for any reason, such provision shall be
reformed only to the extent necessary to make it enforceable.
Unless otherwise explicitly stated, the provisions of this
Agreement shall surviveits termination.
YOU HEREBY AFFIRM THAT YOU HAVE READ THIS ENTIRE
AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS BY
CLICKING WHERE INDICATED BELOW AND BY AUTHORIZING THE
USE OF YOUR CREDIT CARD FOR PAYMENT OF CHARGES AND
FEES FOR YOUR OBTAINING A SUBSCRIPTION TO
ASIANTWINKS.COM.
SELECT "I AGREE" TO INDICATE THAT YOU HAVE READ THE
MEMBERSHIP AGREEMENT IN ITS ENTIRETY, UNDERSTAND
ITS TERMS, CONSENT TO ALL THE TERMS AND CONDITIONS
SET FORTH IN THE MEMBERSHIP AGREEMENT, REPRESENT
AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF
18 YEARS AND UNDERSTAND THAT MATERIALS PRESENTED
AT ASIANTWINKS.COM INCLUDE NUDITY, VISUAL AND AUDIO
PRESENTATIONS OF SEXUAL SITUATIONS AND ADULT
LANGUAGE.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND
CONDITIONS SET FORTH IN THIS AGREEMENT, ARE NOT
OVER 18 YEARS OF AGE, OR ARE IN AN
UNAUTHORIZED
DOWNLOADING LOCATION, SELECT THE "I DO NOT AGREE". |