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TERMS
AND CONDITIONS OF MEMBERSHIP
You must read and agree to these terms and conditions before you can become
an active member of bootie.com. Please read them carefully.
By Submitting an application for membership you agree and understand the following terms:
You are applying for a trial membership to bootie.com.
There is NO CHARGE for the intial 1 day(s) preview. After the preview you will receive a 1 day trial membership for only $1.00(unless cancelled).
At the end of Trial Period, a trial membership renews at applicable monthly rate stated upon joining.
All trial members must notify us to cancel via e-mail, phone or mail before the
trial subscription expires, or the account will be automatically renewed at regular rates.
We offer a full 30 day refund if not satisfied. Please email support@bootie.com for refund.
To cancel or talk to customer service click here:
Customer Service
Click Here.
Please read the rest of the terms of service below:
- For
good and valuable consideration, the sufficiency of which is acknowledged
by you and the Company, you hereby agree to become a subscriber
to bootie.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 bootie.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 bootie.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 bootie.com, or by mail.
- ALL
MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED
AT bootie.com ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS
IN LOCATIONS WHERE THE MATERIALS, MESSAGES AND OTHER COMMUNICATIONS
CONTAINED AT bootie.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 bootie.com OR PLACE
ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN bootie.com. YOU
HEREBY ACKNOWLEDGE THAT MATERIALS PRESENTED AT AND/OR DOWNLOADABLE
FROM bootie.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.
- I
acknowledge and agree that all materials contained at bootie.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 bootie.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 bootie.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 bootie.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 bootie.com's and potentially other's intellectual property rights and
other rights in such materials and shall further constitute a violation
of bootie.com's trademark and other rights, including, but not limited
to, rights of privacy.
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I agree to be personally liable and fully indemnify bootie.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 bootie.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 bootie.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).
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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 bootie.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 bootie.com subscription
rates. $39.95. 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 bootie.com and its licensees.
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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 bootie.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 bootie.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 bootie.com. Upon request,
Subscribers will be given access to billing records that support
charges for use of the bootie.com.
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Payment for the services provided to you at and/or through bootie.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 bootie.com, or as unauthorized
any charge by bootie.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 bootie.com or any fraudulent reporting of an unauthorized
charge to bootie.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 bootie.com remains outstanding
at the time of such fraudulent reporting, you shall be liable to
bootie.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.
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Subscription to bootie.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 bootie.com. Your liability for such charges shall continue after
termination of your membership for any reason.
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Subscribers are responsible for providing all personal computer
and communications equipment necessary to gain access to bootie.com. Access
to and use of bootie.com is through the use of a password. Each Subscriber
must keep his password strictly confidential. For security reasons,
bootie.com will not release passwords. Unauthorized access to bootie.com is a
breach of this Agreement and a violation of law.
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Subject to the terms and conditions set forth herein, bootie.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 bootie.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 bootie.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.
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Except for public domain material or material otherwise licensed
to Company for electronic dissemination, all Materials displayed
at or otherwise available through bootie.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 bootie.com, and all Materials and other matter
used directly or indirectly in, at, by, through and/or with bootie.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 bootie.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.
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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 bootie.com.
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Company does not screen or endorse advertisements or communications
submitted to bootie.com by third-party licensees, advertisers, or subscribers
for electronic dissemination through bootie.com. Subscribers are therefore
advised to use their own judgment to evaluate all advertisements
and other communications available at or through the use of bootie.com
prior to purchasing goods and/or services described at bootie.com or otherwise
responding to any communication at bootie.com.
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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.
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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 bootie.com.
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No warranty is made by Company regarding any information, services,
Materials or products provided through or in connection with the
bootie.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.
- "bootie.com"
is a service mark of bootie.com, INCORPORATED. All rights are reserved.
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All materials included at bootie.com are for the private use by Subscribers
only. No other uses are intended by the Company and any other use
is strictly prohibited.
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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 bootie.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 bootie.com. You are solely responsible for all
information which you submit, publish, display, disseminate or otherwise
communicate through bootie.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 bootie.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 bootie.com can be read by the operators
and/or other agents of Company, whether or not they are the intended
recipient(s).
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Notices from bootie.com to Subscribers may be given by means of e-mail,
by general posting on bootie.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 bootie.com may be
sent in the following manner:
a. by means of the web
site form; or
b. by telephone to bootie.com's Customer Service Department during
normal business hours to 800-893-8871.
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This Agreement contains the entire agreement between the Subscriber
and Company regarding Subscribers' use of bootie.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.
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