TERMS AND CONDITIONS OF
MEMBERSHIP AND USE FOR 'REALGIRLVIDEOS.COM'
YOU MUST BE OVER THE AGE OF 18 AND OF
LEGAL AGE TO VIEW PORNOGRAPHIC MATERIALS TO ENTER REALGIRLVIDEOS.COM.
You must read and agree to these terms and
conditions before you can become an active member or user of R G P M E D I
A, L L C
(d.b.a REALGIRLVIDEOS.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/user to R G P M E D I A, L L C, 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
R G P M E D I A, L L C. Subject to the terms and conditions set forth in this
Agreement, the Company agrees to provide to you all the privileges of
subscription to REALGIRLVIDEOS.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 REALGIRLVIDEOS.COM, or by mail.
2.ALL MATERIALS, INCLUDING MESSAGES, AND
OTHER COMMUNICATIONS, CONTAINED AT REALGIRLVIDEOS.COM ARE INTENDED FOR
DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE THE
MATERIALS, MESSAGES AND OTHER COMMUNICATIONS CONTAINED AT REALGIRLVIDEOS.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 REALGIRLVIDEOS.COM OR PLACE ANY ORDERS FOR ANY GOODS OR
SERVICES ADVERTISED AT OR IN REALGIRLVIDEOS.COM. YOU HEREBY ACKNOWLEDGE THAT
MATERIALS PRESENTED AT AND/OR DOWNLOADABLE FROM ANY REALGIRLVIDEOS.COM MAY
INCLUDE EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND
MATERIALS 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.
3a.I acknowledge and agree that all
materials contained at REALGIRLVIDEOS.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 REALGIRLVIDEOS.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 REALGIRLVIDEOS.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 any
REALGIRLVIDEOS.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 REALGIRLVIDEOS.COM and potentially other's
intellectual property rights and other rights in such materials and shall
further constitute a violation of REALGIRLVIDEOS.COM's rights, including,
but not limited to, rights of privacy.
3b.Access to the site is through a
combination of a username and a password (user-id). Subscribers may not
under any circumstances release their user-id to any other person, and are
required to keep his or her user-id strictly confidential. TicketsClub will not
release passwords for any reason, to anyone other than the subscriber,
except as may be specifically required by law or court order. Unauthorized
access to the site is a breach of this Agreement and a violation of law.
Subscribers acknowledge that the Webmaster of the site may track through the
use of special software each subscriber's entry to the site. If any breach
of security, theft or loss of user-id, or unauthorized disclosure of user-id
occurs, subscriber must immediately notify TicketsClub or the site of said
security breach. Subscriber will remain liable for unauthorized use of
service until TicketsClub or the site is notified of the security breach by email
or telephone.
4.I agree to be personally liable and fully
indemnify REALGIRLVIDEOS.COM for any and all damages directly, indirectly
and/or consequentially resulting from my attempted or actual unauthorized
downloading other duplication of materials, or the unauthorized solicitation
of (user-id) to any other person or party aside from REALGIRLVIDEOS.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 and/or
unauthorized solicitation of (user-id) to any other person or party aside
from REALGIRLVIDEOS.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
REALGIRLVIDEOS.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
REALGIRLVIDEOS.COM subscription rates. Monthly recurring membership at
$19.95. One Month (non-recurring) Membership for $24.99 All membership
cancellations can take place by visiting TicketsClub.com.
b. Other fees and/or charges for goods and
services ordered at, through and/or from REALGIRLVIDEOS.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 REALGIRLVIDEOS.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
REALGIRLVIDEOS.COM , during normal business hours of a breach in security,
the Subscriber will remain liable for any unauthorized use of
REALGIRLVIDEOS.COM. Upon request, Subscribers will be given access to
billing records that support charges for use of REALGIRLVIDEOS.COM.
7.Payment for the services provided to you
at and/or through REALGIRLVIDEOS.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
REALGIRLVIDEOS.COM, or as unauthorized any charge by REALGIRLVIDEOS.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 REALGIRLVIDEOS.COM or any fraudulent
reporting of an unauthorized charge to REALGIRLVIDEOS.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
REALGIRLVIDEOS.COM remains outstanding at the time of such fraudulent
reporting, you shall be liable to R G P M E D I A, L L C for liquidated damages of
$50,000.00. 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 REALGIRLVIDEOS.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 REALGIRLVIDEOS.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 REALGIRLVIDEOS.COM.
Access to and use of REALGIRLVIDEOS.COM is through the use of a password.
Each Subscriber must keep his password strictly confidential. For security
reasons, REALGIRLVIDEOS.COM will not release passwords. Unauthorized access
to REALGIRLVIDEOS.COM is a breach of this Agreement and a violation of law.
10.Subject to the terms and conditions set
forth herein, REALGIRLVIDEOS.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 REALGIRLVIDEOS.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
REALGIRLVIDEOS.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 REALGIRLVIDEOS.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 REALGIRLVIDEOS.COM, and all
Materials and other matter used directly or indirectly in, at, by, through
and/or with REALGIRLVIDEOS.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 REALGIRLVIDEOS.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 REALGIRLVIDEOS.COM.
13.Company does not screen or endorse
advertisements or communications submitted to REALGIRLVIDEOS.COM by
third-party licensees, advertisers, or subscribers for electronic
dissemination through REALGIRLVIDEOS.COM. Subscribers are therefore advised
to use their own judgment to evaluate all advertisements and other
communications available at or through the use of REALGIRLVIDEOS.COM sites
prior to purchasing goods and/or services described at REALGIRLVIDEOS.COM or
otherwise responding to any communication at REALGIRLVIDEOS.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 REALGIRLVIDEOS.COM.
16.No warranty is made by Company regarding
any information, services, Materials or products provided through or in
connection with the REALGIRLVIDEOS.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. REALGIRLVIDEOS.COM is a service mark of
R G P M E D I A, L L C. All rights are reserved.
18.All materials included at
REALGIRLVIDEOS.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 REALGIRLVIDEOS.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
REALGIRLVIDEOS.COM. You are solely responsible for all information which you
submit, publish, display, disseminate or otherwise communicate through
REALGIRLVIDEOS.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
REALGIRLVIDEOS.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
REALGIRLVIDEOS.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 REALGIRLVIDEOS.COM to
Subscribers may be given by means of e-mail, by general posting on
REALGIRLVIDEOS.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 REALGIRLVIDEOS.COM may be sent in the
following manner:
a. by means of the web site contact
information listed on the site; or
b. by mail to:
R G P M E D I A, L L C
Attn: REALGIRLVIDEOS.COM
207 W. Los Angeles Ave. Suite 349
Moorpark, CA
93021
21.This Agreement contains the entire
agreement between the Subscriber and Company regarding Subscribers' use of
REALGIRLVIDEOS.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 survive
its termination.
YOU HEREBY AFFIRM THAT YOU HAVE READ THIS
ENTIRE AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS BY CLICKING WHERE
INDICATED AND/OR BY AUTHORIZING THE USE OF YOUR CREDIT CARD FOR PAYMENT OF
CHARGES AND FEES FOR YOUR OBTAINING A SUBSCRIPTION TO REALGIRLVIDEOS.COM. BY
ENTERING THE SITE, USING ITS CONTENTS, AND/OR ATTAINING A SUBSCRIPTION, YOU
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
REALGIRLVIDEOS.COM MAY INCLUDE SOME NUDITY, VISUAL PRESENTATIONS OF SOME
NUDITY AND MATERIALS OF A SEXUAL NATURE.
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, REFRAIN FROM ENTERING, USING, OR
SUBSCRIBING TO REALGIRLVIDEOS.COM.