The following shall set forth the Terms of Service (the "Agreement") of THE THEWEEKLYWIPE.COM PROGRAM (the "Site"), owned by Gattster Media Ventures, Ltd. and operated by Integralnet Marketing, Inc. (hereinafter, collectively, "Interactive Marketing" or "we" or "us" or "our" ). As used in this Agreement, "you" or "your" means the applicant/participating affiliate.
Members will be charged a membership fee for the Service, in accordance with our then-current billing terms. Except as otherwise provided herein, membership fees are non-refundable.
You hereby swear and affirm under oath, warrants and represents that you are at least eighteen(18) years of age (21 in some jurisdictions) and have the legal capacity to enter into agreements of this nature. We make no representation or warranty that the content published on this site complies with the local laws of your jurisdiction. You are solely responsible for knowing and understanding your local laws concerning standards of content legality for purposes of obscenity laws. You further represent and warrant that you understand the nature of the content published on this site, namely, sexually explicit materials, and that you voluntarily and knowingly choose to view such materials, and that such material does not offend your sensibilities. Should you be unable to knowingly, affirmatively make the representations and warranties contained herein, do NOT subscribe to this Service.
You agree to be bound by each and every provision contained in this Agreement. This Agreement may be modified or amended by us at any time, and changes are effective upon notice to you. Notices to you may be given via electronic messages through the Service, or by e-mail or regular mail.
You agree to pay the membership fee by credit card (or other approved method), and hereby authorize us to charge your credit card (or other method) for the ongoing subscription fee, and for any and all purchases or products and/or services purchased by you from the Service. Members using the ACH payment system agree that if payment is returned unpaid for "NSF" or "Insufficient Funds", the Member is responsible for the unpaid transaction, plus a "Returned Item Fee" of $35.00. Such Returned Item Fee will be electronically debited from the Member's bank account.
Once you sign up, you will be able to view screen shots without charge. If you elect to view or download a movie, you will become an active member of the Service and will be billed every thirty (30) days until this Agreement is terminated by you, as provided herein. Movies that you have downloaded will only be viewable as long as you are a paying Member of the Service, i.e., an active member of the Service.
As noted in Item 5, above, subscription to the Service will be automatically renewed for the original term upon expiration of such term, unless you notify Customer Service Area at support@theWeeklyWipe.com no less than seven (7) days prior to membership expiration. This service is available to you on a "24 hours per day, seven days per week" basis. Upon cancellation of your account, you will receive a Cancellation Confirmation for your records.
Upon signing up, you will be provided with a unique ID and password which will allow you to access the Service. This unique ID and password are issued to you as a revocable license, and such items remain our property. IDs and passwords are non-transferable. Each Member must keep his or her password strictly confidential Remember your password! We will not, for security reasons, release passwords, except as may be specifically required by law or court order. Your access to the Service is limited to no more than 10 log-ins a day. As used herein, "a day" runs for 24 hours.
You agree to immediately inform us of any of the following changes in your credit card account: Card loss or theft, or unauthorized usage of the card; apparent breach of security of Member's ID or password, such that unauthorized access to the Service via the card is possible. Unless you give us proper notice of any of the foregoing changes, you will remain liable to us for any and all charges for use of the Service.
WE MAKE NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO THE INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. MEMBER'S USE OF THE SERVICE IS AT THE MEMBER'S OWN RISK. NEITHER WE NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERY THE SERVICE OR CONTENT, IS LIABLE FOR ANY DIRECT INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING FROM YOUR ACCESS TO, USE OF, OR INTERPRETATION OF, THE SERVICE OR PRODUCTS OR SERVICES OR INFORMATION PROVIDED BY OR THROUGH THE SERVICE WITHOUT LIMITING THE FOREGOING. WE MAKE NO WARRANTY OR MERCHANTABILITY, FITNESS FOR ANY PURPOSE, OR NON-RESULTS OF THE USE OF TE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
Under no circumstances, including, but not limited to, negligence, shall we or any of our related, affiliated companies be liable for any direct, indirect, incidental, special, consequential or punitive damages that result from the use of, or the inability to use, the Service. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user, or for 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 under contract or tort theory, or under any other cause of action, for any amount over and above the amount paid by the Member to us for the preceding nine (9) months.
You, the Member, agree to indemnify and hold us, our officers, directors, managers, members, agents and employees harmless against any claims, losses, liabilities or expenses (including reasonable attorneys' fees) arising out of your breach of any term, condition or promise contained herein. Should any such claim for indemnification arise, or should any action be brought by you or by us relating to any services or products offered by or through the Service, you agree to submit to the personal jurisdiction of the courts of the State of California.
Members agree not to submit, publish, or display on the Service any defamatory, racially offensive, inaccurate, abusive, threatening, or illegal material. Transmission of such material, whether it is violative of any federal, state, or local law, is strictly prohibited and is a breach of this Agreement.
The site and its contents are for the private, non-commercial enjoyment of our Members only. Any other use is strictly prohibited.
All material displayed on this site is copyrighted by us, or is licensed to us, and may not be copied or redistributed, in whole or in part, without our prior written consent.
We will provide you and all of our Members with any notice, required hereunder, by electronic messages through the Service, by a general posting on the Service, by e-mail, or by conventional mail. Notices by Members to us may be given by electronic messages or conventional mail, unless otherwise specified in the Agreement. All questions, complaints, or notices to us by means of electronic message must be directed to support@http://weeklywipe.com.
This Agreement sets forth the full and complete understanding between the Member and Interactive Marketing with respect to its subject matter, and supersedes all prior understanding or agreements, whether written or verbal. This Agreement may be modified upon notice by us to our Members. Unless contrary to law or otherwise stated, each provision of this Agreement shall survive termination. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California for contracts entered into and wholly performed within that State. The prevailing party in any suit to enforce the terms of this Agreement shall be entitled to recover such party's reasonable attorneys' fees.