You must read and agree to these terms and conditions before your subscription can be activated. Please read them carefully.
For good and valuable consideration, the sufficiency of which is acknowledged by you and Enmode EU and Enmode Inc., you hereby agree to become a subscriber to Enmode (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" or "Subscriber"), and the owner of Enmode (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.
YOU HEREBY WARRANT AND AFFIRM 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.
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. YOU HEREBY FURTHER AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN YEARS AND CAPABLE OF LAWFULLY ENTERING INTO THIS AGREEMENT.
Payment for the Service provided to you at and/or through this site may be made by credit card, debit card, electronic check or PayPal and you hereby authorize the Company and/or its authorized agent (the "Authorized Agent") , to transact such payments on your behalf.
Subscription Fees: Access to some or all of the Services may require payment of periodic subscription fees. You are responsible for such fees as prominently displayed on the Services at the time of your initial enrollment for the subscription.
Automatic Renewal: Subscription fees may be automatically renewed at the end of the original term selected, for a similar period of time, unless notice is received from you three (3) business days before renewal. All subscribers on special introductory offers must notify Company at least three (3) business days prior to the end of the trial/special offer period in order to cancel automatic renewal. You may lose access to the Services if the automatic renewal to the payment information associated with your account fails. Company makes no guarantee of access to or use of the Services if your account is not paid in full and in a timely manner.
Trial: If you are a new user, you may subscribe to a two day trial. New users that sign up for a two day trial will receive 30 minutes free at the time of sign up, and then your account will be automatically upgraded to a Monthly Minute Package. If you sign up for a two day trial, Company will request and your bank will immediately put a "reserved funds" hold on your credit card for the amount of the subscription plan you have selected. If the free trial is cancelled within the timeframe allowed by the website, your back will typically remove the hold within seven (7) to ten (10) days. Please understand that Company has no way to remove this hold. During the trial period and for a minimum of seven (7) to ten (10) days after you cancel, these funds are considered out of your bank even though technically they are still there, and you could overdraw or exceed the limits of your account. You are responsible for any charges imposed by your credit card issuing bank for exceeding your account limits or overdrawing your account.
Monthly Minute Package: When you subscribe to a monthly minutes package, you are billed for the first 30 days immediately, in which time 2,500 minutes are added to your account for immediate use. At the end of every 30 day cycle you will be billed for the next 30 days. 2,500 minutes will once again be added to your account at the beginning of each month while you are a member in good standing. If you exceed 2,500 minutes of viewing time in any given month, you will be required to upgrade your package or terminate your membership in this minutes model. Unused minutes are not transferable month to month, all unused minutes are removed at the end of the month.
Minute Packages One Time Purchase: When you purchase a one-time minute package the minutes are added to your account for immediate use. You will not be billed for additional minutes packages unless you choose to do so on the join form. Your minutes will never expire.
Minute Packages Elite: When you purchase an Elite minute package the minutes are added to your account for immediate use. You will be billed for additional minutes every 30 days until you unsubscribe from the elite package. Unused minutes roll over to the following month and will never expire.
Refund Policy: Company and/or Authorized Agent manages the credit and refund policy for these websites on a case-by-case basis to determine the best course of action pursuant to the customer's issue. Subscription fees become non-refundable once you have the ability to access the site using the e-ticket assigned to your account. Should a refund be offered by Company, all refunds will be credited solely to the payment method used, within thirty (30) days of the initial transaction. Company will not issue refunds by cash, check, or to another credit card or payment mechanism. Company will only offer refunds of subscription fees in matters where the payment method was subject to unauthorized or fraudulent use; or the member did not have the ability to access the Services, for a period of longer than forty eight (48) consecutive hours, using a valid e-ticket provided by Company. In cases where the subscriber terminates the subscription after a scheduled re-bill date, Company will NOT offer a refund of the subscription fee. You will be provided with access to the Services, for the duration of your billing cycle, using the e-ticket assigned to you. Refunds will not be offered or issued in situations where an account has been blocked or removed by the administrators of the Services for suspicious or fraudulent activity.
Terminating Subscriptions: The Company or Authorized Agent may terminate your Subscription at any time, and without cause. If you wish to terminate your subscription you must either provide the Company or Authorized Agent notification by E-mail, or 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 username 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 will result in termination of your account without refund.
Cancellation: You or the Company may cancel your subscription at any time, for any reason, with or without cause, via the account page with the “cancel membership” button or by notifying the other party by email. You are liable for all charges incurred on your account until termination of your subscription. Cancellation requests must be made at least three (3) business days before your renewal date to prevent any auto-renewal.
Order/Cancellation E-mail Confirmation: By purchasing or canceling a subscription, you hereby agree to receive an e-mail confirmation that may confirm your purchase or cancellation and that may include important details about your purchase or cancellation, including but not limited to, order/cancellation date, subscription ID, or username/password. Our customer service toll-free telephone number is to be used for any inquiries regarding the subscription purchased or canceled.
Notice To The Company: You must promptly inform Company or Authorized Agent of the following: changes in the expiration date of any credit card or debit 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 Authorized Agent is notified, by conventional mail, web-site form, or e-mail of a breach in security, you will remain liable for any unauthorized use of this site. The Company or Authorized Agent 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 the materials ("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.
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 other use of 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.
You agree to be personally liable and fully indemnify the Company and Authorized Agent for any and all damages directly, indirectly and/or consequentially resulting from your attempted or actual unauthorized downloading or other duplication of materials from the Services 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 this site including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorneys’ fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
You agree that unauthorized downloading, ripping, automated downloading, and other attempts at locally storing the content will breach this Agreement and your account will be terminated.
Subject to the terms and conditions set forth herein, this site hereby grants you a limited, nonexclusive and nontransferable 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 for your personal use and enjoyment.
You may not remove any proprietary notices from the Materials at any time. You may make no use of the Materials not expressly authorized herein or by prior express written authorization from the 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 streaming, 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 in the 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 the Materials and all other services provided to you by the 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 the Company is borne by you. Should the Materials or any other service provided by the Company prove defective and/or cause any damage to your computer or inconvenience to you, you, and not the 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 the 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 the Materials or other use of this site.
Goods and Services Offered By Other Parties: The company does not screen or endorse advertisements or communications submitted to this site by third-party 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.
Any liability of the Company and/or Authorized Agent, 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 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.
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.
If the Company should at any time provide any service which enables you to communicate with or otherwise share information with other Subscribers or persons providing any kind of 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 the 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 the 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 the Company directly or through this site can be read by the operators and/or other agents of Company, whether or not they are the intended recipient(s).
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, conventional mail or telephone. All questions, complaints, or notices to this site may be sent in the following manner:
a. By means of the website form
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.
This Agreement contains the entire agreement between the Subscriber and Company regarding Subscribers' use of this site, the 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 the Company. 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, 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 THIS SITE 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, LEAVE NOW!