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For good and valuable consideration, the sufficiency of which is acknowledged by you and JerZee Media, LLC. ("JerZee Media, LLC." or the "Company"), you hereby agree to become a subscriber to HENTAIHERO.com (the "Service"), 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 ("You" or "Subscriber"), and the Company. Subject to the terms and conditions set forth in this Agreement, the Company agrees to provide You all the privileges of a subscription to this site available to a subscriber in good standing. This Agreement is subject to change by the Company at any time, and changes are effective upon notice to the Subscriber by e-mail, posting at or via hyperlink to this site, or by mail. ALL MATERIALS, INCLUDING GRAPHIC FILES, AUDIO FILES, VIDEO FILES, TEXT, HYPERLINKS, INTERLINKS, SEARCH ENGINES, AND OTHER SOFTWARE THAT COMPANY PROVIDES CONTAINED AT THIS SITE (COLLECTIVELY "MATERIALS") ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS WHO ARE IN LOCATIONS WHERE SUCH MATERIALS DO NOT VIOLATE COMMUNITY STANDARDS OR ANY APPLICABLE LOCAL, STATE OR NATIONAL LAW OR REGULATION. THIS INCLUDES, IF APPLICABLE, THE LAWS AND REGULATIONS OF THE UNITED STATES OR ANY OTHER COUNTRY. BY DOWNLOADING OR VIEWING ALL OR ANY PART OF THE MATERIALS YOU ARE WARRANTING AND AFFIRMING THAT IT IS LEGAL TO VIEW THE MATERIALS WHERE YOU ARE LOCATED. YOU HEREBY ACKNOWLEDGE THAT THE MATERIALS PRESENTED AT AND/OR DOWNLOADABLE FROM THIS SITE INCLUDE EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND HETEROSEXUAL, BI-SEXUAL, GAY, LESBIAN 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 ARE ADVISED THAT NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF THIS SITE OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN THIS SITE. BY DOWNLOADING OR VIEWING ALL OR ANY PART OF THE MATERIALS YOU ARE FURTHER AFFIRMING AND WARRANTING THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN (18)YEARS AND CAPABLE OF LAWFULLY ENTERING INTO THIS AGREEMENT. SUBSCRIPTIONS Payment for the Service provided to You at and/or through this site may be made by automatic credit card or check debit and You hereby authorize the Company and/or its authorized agent, Verified Networks, Inc. ("Verified Networks, Inc."), to transact such payments on Your behalf. Unless You have good reason to believe the credit card (or other approved facility) You use to purchase Your subscription is lost or stolen, You agree not to report that credit card (or other approved facility) as lost or stolen. Nor will You dispute any authorized charge by Verified Networks, Inc. or the Company. You agree and acknowledge that if You fraudulently report the credit card (or other approved facility) used to obtain the Service or goods from the Service as stolen, or if You fraudulent report that an authorized charge by the Company or Verified Networks, LLC. is unauthorized, You shall be liable to this Verified Networks, LLC. and the Company 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. Regular Subscriptions: You are responsible for paying periodic subscription fees according to the then-current billing terms. Regular Subscription fees are earned upon receipt and are non-refundable whether or not termination is at Your request. For Your convenience and satisfaction, all memberships will automatically renew upon expiration unless Your subscription is cancelled AT LEAST three (3) days prior to expiration. Subscription rates are subject to change at any time without notice. You are liable for any subscription charges incurred by You up to and until termination of the Service. If You have a question about a transaction on Your credit card statement, or wish to cancel a subscription, please click here to contact Customer Service. Terminating Subscriptions: The Company or Verified Networks, LLC. may terminate Your Subscription at any time, and without cause, by. If You wish to terminate Your subscription You must either provide the Company or Verified Networks, LLC. notification by E-mail, conventional mail. You agree to be personally liable for all charges incurred by You during or through the use of this site. Your liability for such charges shall continue after termination of Your membership for any reason. Subscriptions Are Non-Transferable: Subscriptions may not be assigned or transferred to any other person or entity. Nor may You provide any other person or entity access to your subscription, either directly or indirectly. This includes, but is not limited to, sending Your username and/or password to other parties and making Your user name and/or password available where others may access them. You must keep Your password strictly confidential. Allowing others to gain unauthorized access to this site is a breach of this Agreement and a violation of law. Your Notice To The Company: You must promptly inform Company or Verified Networks, LLC. of the
following: changes in the expiration date of any credit card used in connection
with this site; 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 the Company or Verified Networks, LLC. is notified of a breach in security, by
conventional mail, web site form, e-mail.
You will remain liable for any unauthorized use of this site. The Company or Verified Networks, LLC. will provide
You, upon request, access to billing records that support charges for use of this site. You agree not to 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. You acknowledge and agree that the
company does not authorize any Materials to be accessed, viewed, downloaded,
used by, transmitted, broadcast or otherwise disseminated to any person or entity
located in any and all areas prohibited by law ("Prohibited Areas").
You further acknowledge that the Company does not authorize You to cause or
enable others to access, view, download, receive or otherwise use the Materials,
directly or indirectly. Should You do so otherwise, the Company reserves the
right to immediately terminate your subscription and to require such additional
end user to agree to these Terms and Conditions. You agree that any and all
unauthorized access, viewing, downloading, receipt, duplication or other use
of the Materials in which You are directly or indirectly involved, including,
but not limited to 1) accessing, viewing, downloading, receiving or otherwise
using the Materials in Prohibited Areas and 2) causing or enabling others to
access, view, download, receive or otherwise use the Materials, directly or
indirectly, shall constitute intentional infringement(s) of this site's and
potentially others' intellectual property rights and other rights in the Materials,
and may also constitute a violation of the Company's trademarks, copyrights
and other rights, including, but not limited to, the right of privacy. LIMITED NON-EXCLUSIVE LICENSE GRANTED TO SUBSCRIBER Subject to the terms and conditions set forth herein, this site hereby grants You a limited, non-exclusive, non-commercial and non-transferable license to use the 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 this site makes downloadable copies of the Materials available, You may make only a single copy of such Materials for Your personal use and enjoyment. You may also allow other "peer" computers to access downloaded Material, provided You have not acted to circumvent or defeat the security or content usage rules provided or enforced by the digital rights management system ("DRM") employed by the Company and You expressly authorize such access to the Material. While it is intended by Company that the DRM control Your use of the Material, You bear the ultimate responsibility for making only authorized uses. "JerZee Media, LLC.", "HENTAIHERO.com" and the graphics, logos and service names appearing on this site are the trademarks of the Company or its respective content suppliers. These trademarks may not be used in connection with any product (s) or service (s) which are not the Company's or its respective content supplier's, in any manner whatsover, including one which is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. 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. Except for public domain material or material otherwise licensed to Company for electronic dissemination, all Materials displayed at or otherwise available through this site 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 this site, and all Materials and other matter used directly or indirectly in, at, by, through and/or with this site 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 this site shall at all times remain under the sole ownership of Company, its parent(s), subsidiary(ies), licensor(s) or other party credited as the provider of the Materials, 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, licensor(s) or other party credited as the provider of the Materials, 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. NO EXPRESS OR IMPLIED WARRANTIES 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 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 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 in such case, 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, licensors or other party credited as the provider of the Materials, resellers, or other subscribers, or their suppliers, licensors, 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 of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages resulting from any use of Materials or other use of this site. Goods and Services Offered By Other Parties: Company does not necessarily screen or endorse advertisements or communications submitted to this site by third-party licensors, licensees, advertisers, or subscribers for electronic dissemination through this site. Subscribers are therefore advised to use their own judgment to evaluate all advertisements and other communications available at or through the use of this site prior to purchasing goods and/or services described at this site or otherwise responding to any communication at this site. LIMITATION OF LIABILITY Any liability of the Company and Verified Networks, LLC., 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, tortuous behavior, negligence, or under any other legal theory, 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. The 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 this site. IN RE: FILE SHARING, ETC. If the Company should at any time provide any service which in whole or in part enables You to communicate with or otherwise share file 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 this site 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 this site. You are solely responsible for all information that You submit, publish, display, disseminate or otherwise communicate through this site 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 this site 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 this site can be read by third parties, including the operators and/or other agents of Company, whether or not they are the intended recipient(s). The Materials may include digital rights management systems ("DRMs"), including those from third parties, as plug-in components, which may be subject to their own license agreements. DRMs may be used by the Company to manage and enforce intellectual property rights in digital content purchased over the Internet. DRMs allow the Company to limit or in some cases, revoke a user's ability to use applicable Material including when it is determined by Company that the user's usage is not in accordance with these Terms and Conditions. You agree that You will not take any action to circumvent these DRMs nor to defeat the security or content usage rules provided or enforced by the DRM. You further agree that you consent to the communications enabled and/or performed by the DRM, including the updating of the DRM without further notice. In the event You share out any Material on any peer-to-peer file sharing networks, You must not act to circumvent or defeat the DRMs, as, among other things, the DRMs help the Company to advise third parties who access the files that they are subject to these Terms and Conditions. EXPORT CONTROLS The Service and the content and technology contained within may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you are agreeing to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws. ARBITRATION Any claim or controversy arising out of or related to this Agreement or the Service shall be settled by binding arbitration in Los Angeles, Nevada in accordance with the rules of the American Arbitration Association. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude JerZee Media, LLC. from seeking any injunctive relief for protection of Company's intellectual property rights. MISCELLANEOUS Notices from this site to Subscribers may be given by means of e-mail, by general
posting on this site, or by conventional mail. Communications from You to the
Company may be made by e-mail or conventional mail. All questions, complaints,
or notices to this site may be sent in the following manner: You are responsible for providing all personal computer and communications equipment necessary to gain access to Your Subscription. Access to and use of Your Subscription is through the use of a password. In the event that multiple iterations of any Terms and Conditions notices appear on this site, Company reserves to itself the benefit of the most favorable language set forth therein. Notwithstanding the foregoing, this Agreement contains the entire agreement between the Subscriber and Company regarding Subscribers' use of this site, Materials and all materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings, writings, and representations and may be amended by Company at any time, with or without notice. As such, it is recommended that You refer to these Terms and Conditions periodically to become apprised of any updates . This Agreement shall be governed by and construed under the laws of the State of Nevada (without giving effect to any principles of conflict of laws) and the United States as applied to agreements between Nevada state residents entered into and to be performed within the State of Nevada, 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. BY USING THIS SITE YOU AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND
AGREE TO ALL ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS
AND CONDITIONS SET FORTH IN THIS AGREEMENT, YOU MUST NOT DOWNLOAD OR VIEW THE
MATERIALS. |
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