Terms & Conditions of Use
You must carefully read the terms and conditions of this Membership and Use agreement before You can use or view any of the public or private portions of f4fvip.com.(the "Website"). Use or viewing of the contents, coupled with the submission of an email address, constitutes membership and an express affirmation that you agree to be bound by this Agreement. Becoming a member of the Website shall constitute your acknowledgment and agreement that you have read and agreed to all terms hereof. 1. PARTIES TO THIS AGREEMENT. The parties to this Membership and Use Agreement (the "Agreement") are You, the Member, and VS Media, Inc. a California corporation (the "Company"), the licensor and/or owner of the Website. As used in this Agreement, the terms "we," and "us" are used interchangeably to refer to the Company and the Website; the term "You" and "Your" is used to refer to you, the member and subscriber. 1.a Subject to Your acceptance of the terms and conditions set forth in this Agreement (as evidenced by Your submission of an application for membership) and the payment of all applicable fees, the Company agrees to provide to You all the privileges of Membership including access to the Members-only materials and areas at the Website for so long as you are a Member in good standing. 1.b You agree that this Agreement is subject to change by the Company at any time and changes shall become effective immediately upon notice to Members by e-mail, posting, at or via hyperlink to the Website, or by mail. You may not alter, delete, add, reject, or change or edit any of these terms and conditions, and any such attempt to do so shall be void and of no effect. 1.c You agree that any action on Your part to Bookmark to a page on the Website whereby the Warning Page, the Age Verification Page, and/or the Terms and Conditions of Membership Page is bypassed shall constitute an implicit acceptance by You of all the Terms and Conditions set forth herein as well as an explicit acknowledgement by You that You are an adult and at least 18 years of age or of the age of majority under the laws of Your state, province, or country. 2. SEXUALLY EXPLICIT MATERIAL. ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED AT THE WEBSITE ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE THE MATERIALS, MESSAGES AND OTHER COMMUNICATIONS CONTAINED AT THE WEBSITE DO NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY FEDERAL, STATE, OR LOCAL LAWS OR REGULATIONS OF THE UNITED STATES OR ANY OTHER COUNTRY. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) IN PLACES WHERE EIGHTEEN YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF THE WEBSITE OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN THE WEBSITE. YOU HEREBY ACKNOWLEDGE AND REPRESENT THAT YOU KNOW AND UNDERSTAND THAT THE MATERIALS PRESENTED AT, AND/OR DOWNLOADABLE FROM, THE WEBSITE INCLUDE EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND SEXUAL ACTIVITIES, INCLUDING WITHOUT LIMITATION, HETEROSEXUAL, BI-SEXUAL, AND HOMOSEXUAL ACTIVITIES OF AN EXPLICIT SEXUAL NATURE; THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND; THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS; AND THAT BY AGREEING TO THESE TERMS AND CONDITIONS YOU ARE WARRANTING TO THE COMPANY THAT YOU ARE INTENTIONALLY AND KNOWINGLY SEEKING ACCESS TO SUCH EXPLICIT SEXUAL MATERIALS FOR YOUR OWN PERSONAL VIEWING. 3. AGE OF MAJORITY. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) IN JURISDICTIONS WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE MATERIAL OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT, IN OR THROUGH THE WEBSITE. YOU HEREBY FURTHER AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) AND ARE CAPABLE OF LAWFULLY ENTERING INTO AND EXECUTING THE TERMS OF THIS AGREEMENT. 4. GRANT OF LIMITED LICENSE. In consideration of Your Membership status and fees paid from time to time, together with certain representations and agreements made by You under the terms and conditions of this Agreement, and subject to the terms and conditions set forth in this Agreement, the Company hereby grants You a limited, nonexclusive, and nontransferable license to use the Software and materials made available to You by this Website (hereafter "Materials") solely for Your personal non-commercial use, as provided by the Company during the period in which You are a Member in good standing. 4.a You acknowledge and agree that all Materials contained at the Website are proprietary and constitute intellectual property owned by the Company or others who have licensed use of such Materials to the Company. You acknowledge and agree that as such You may access, view, download, receive, and otherwise use the Materials available at the Website only as specifically authorized by the Company and 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 to You by the Website, You may make only a single copy of such Materials for Your own personal non-commercial use and enjoyment. You further acknowledge that the Company specifically prohibits you from doing any of the following acts, and You agree not to do any of these prohibited acts: (a) permitting other individuals to directly or indirectly use or view the Materials; (b) modifying, translating, reverse engineering, decompiling, disassembling the Materials (except to the extent applicable laws specifically prohibit such restriction); (c) making copies or creating derivative works based on the Materials, except as provided herein; (d) renting, leasing, or transferring any rights in the Materials; (e) removing any proprietary notices or labels on the Materials; and, (f) making any other use of the Materials not expressly permitted herein. 4.b You further represent and warrant to the Company that your agreement to these terms and conditions constitutes an agreement that You shall not access, or attempt to access, any Materials available at the Website in a manner not expressly authorized by the Company. You agree and warrant that You 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. 4.c You hereby acknowledge that you understand that the Company (and all persons affiliated therewith) does not authorize the accessing, viewing, downloading, duplication, receiving, transmission, broadcasting or other use of the Materials contained on the Website to or by any person, INCLUDING YOU, who is located in any of the areas designated as PROHIBITED AREAS. 4.d You further acknowledge that you understand and agree that any and all unauthorized access, viewing, downloading, receipt, duplication, or other use of Materials from the Website, in which You are 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 the Company's and potentially others' intellectual property rights and other rights in such Materials and shall further constitute a violation of Company's trademark and other rights, including, but not limited to, rights of privacy. 5. SOFTWARE LICENSE WARNING: USE OF THIS SOFTWARE IS UNAUTHORIZED FOR PURPOSES THAT ARE ILLEGAL IN THE JURISDICTION WHICH THE SOFTWARE IS INSTALLED OR UNITED STATES LAW, WHICHEVER IS MORE RESTRICTIVE. USE OF THIS SOFTWARE FOR ILLEGAL PURPOSES CONSTITUTES AN IMMEDIATE BREACH OF THE USE PORTIONS OF THIS LICENSE. THE COMPANY RESERVES THE RIGHT TO IMMEDIATELY TERMINATE THE FUNCTIONALITY OF ANY OF ITS PRODUCTS IF SUCH ILLEGAL USE IS DETECTED OR REPORTED. BY USING THE PROVIDED SOFTWARE, YOU WAIVE ANY RIGHT TO REMEDIES THAT WOULD ORDINARILY RESULT FROM ANY TERMINATION OF FUNCTIONALITY BY THE COMPANY. The Software Applet is provided by the Company to You for the sole purpose of allowing and facilitating Your use and enjoyment of the Website. The provided Software Applet is licensed, not sold, to You by Company for use only under the terms of this Agreement, and Company reserves any rights not expressly granted to You. You acknowledge and agree that the Company and its licensors and sub-licensors retain ownership of the Software Applet. 6. PROHIBITED AREAS. All of the following areas constitute PROHIBITED AREAS from which no part of the Website may be accessed, viewed, downloaded or otherwise received: All parts of the United States of America corresponding to Local or State Jurisdictions where the type of Material provided to Members has been deemed offensive; All parts of the following countries: Afghanistan, Germany, Kuwait, Iran, Iraq, Japan, Jordan, Libya, Pakistan, The Republic of China, Singapore, Saudi Arabia, Syria, The United Arab Emirates; and All parts of every other geophysical place corresponding to a political entity or part thereof in which the access, viewing, downloading, dissemination of, or other use of the materials contained in the Website would constitute a violation of any law, regulation, rule or custom. You are solely responsible for knowing if You are in such a Jurisdiction and if so, you must immediately terminate Your activities contemplated under this Agreement. 7. INDEMNIFICATION. You agree to be personally liable and fully indemnify the Company and its successors and assigns for any and all damages directly, indirectly and/or consequentially resulting from any attempted or actual unauthorized downloading or other duplication of Materials from the Website by You 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 the Website, including attorneys fees. 8. MEMBERSHIPS FEES; CANCELLATION. By accepting membership to Website and by accessing the content of Website you authorize the charges set forth below and agree to the following: a) Membership fees to Website are subject to change at any time at the sole and absolute discretion of Company. The official standard fee-for-service membership rates for the Website shall be set forth on the Website; b) All cancellations received by the Company are effective upon receipt; c) You hereby acknowledge and agree that if You cancel Your monthly membership, or if Your membership is cancelled by the Company, Your username and password will be removed from the system at the end of the then current monthly membership period and that You will be entitled to receive the full benefits of Your monthly membership until the end of such period. You shall be entitled to a partial refund of your unused and prepaid fee-for-service credit less a $50.00 processing fee. You agree that if you cancel at any time after purchasing fee-for-service credits from Website, You will still be charged the full processing fee. The Company may, at any time and at its sole discretion, cancel any membership; provided, however, that the Company shall refund all unused fee-for-service credit by automatic credit and waive the processing fee. You hereby authorize the Company to charge Your credit card (which You hereby acknowledge was entered by You into the sign-up page) to pay for Your fee-for-service fees to Website at the then current standard rate. You further authorize the Company to charge Your credit card for any and all purchases of products, services, and entertainment available through, at, in or on, or provided by, Website. You further agree to be personally liable for all charges incurred by You during or through the use of Website. Your liability for such charges shall continue after termination of Your membership. You acknowledge and agree that if Your membership account is not active (no purchases of additional credits) for 30 days, 10 credits will be debited to maintain the account. If the account has 0 remaining credits the account will be closed with no additional fees charged to your account. If You wish to avoid this debit and maintain membership you will need to purchase more credits prior to the 30 day expiration. We will not automatically bill Your credit card to maintain Your membership. To maintain your account, You will have to purchase additional credits yourself. The fee schedule for one-on-one and peep products is published at the Website. The pricing may change from time to time and it is Your responsibility to check this pricing to keep up-to-date. 9. TRANSFER OR ASSIGNMENT OF MEMBERSHIP. You agree that as a Member of the Website you shall not, under any circumstances, have the right to transfer or assign your membership to any other person or entity, and that any attempted transfer or assignment of a membership shall be void. Your further agree that the Company, may at any time at its sole discretion and without prior notice to you, transfer or assign Your membership in the Website to an affiliated or non-affiliated Company. 10. PAYMENT AUTHORIZATION. Payment for the services provided to You at, and/or through Website may be made by automatic credit card debit, debit transaction, Web900, PayPal, or via online checks and You hereby authorize Company and its agents to transact such payments on Your behalf in the medium that is the normal course of business between You and the Company. 11. FRAUDULENT USE OF CARD Unless and until you notify Company that you wish to cancel or terminated your Website membership, You hereby agree and authorize Company or its designated agent or assignee to use your subscription information to Website for repurchase of fee-for-service credits as directed by You and to charge Your credit card (or other approved facility) to pay for such. You further authorize Company or its designated agent or assignee to charge Your credit card (or other approved facility) for any and all purchases of products, services, and entertainment provided to You by Website or for which you sign up. 11.a You further agree that as a Member, You must promptly inform Company of any and all the following: loss or theft of the credit card used to pay for Membership to the Website or other goods or services obtained in, at, or through the Website; changes in the expiration date of the credit card; changes in home or billing address; apparent breaches of security regarding Your Membership, such as loss, theft, unauthorized disclosure or use of an ID or password; and all other changes pertaining to Your credit card (or other approved facility) account used to pay for services pursuant to this Agreement which may affect Company's ability to expeditiously obtain payments due to Company. You agree that You will remain liable for any unauthorized use of Website or any of its services associated with your Membership, until You have notified Company's Customer Service as to any of the aforementioned. 11.b You hereby agree that as to any fraudulent reporting of a lost or stolen credit card used to obtain goods or services from Website or any fraudulent reporting of an unauthorized charge to Website 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 Website remains outstanding at the time of such fraudulent reporting, You shall be liable to the Company for liquidated damages of $30,000.00. The liability for liquidated damages specified in this Paragraph shall not limit any other liability You may have for breach of any other term, condition, promise, and/or warranty set forth in this Agreement. 11.c You further acknowledge and agree that You will remain liable to the Company for any unauthorized use of the Website associated with Your Membership. 12. TERMINATION OF MEMBERSHIP. Membership to the Website may be terminated at any time, with or without cause, by either Company or Member, subject to the cancellation policy and procedures set forth in this Agreement. Your liability for all charges incurred during Your Membership term shall continue after termination, for any reason, of Your membership. 13. PASSWORD SECURITY. You are responsible for providing all personal computer and communications equipment necessary to gain access to the Website. Access to and use of the Website is through the use of a password. You must keep Your password strictly confidential and You agree that if You share Your unique Login name and/or Your Password with another individual or entity that Your access to the Website is subject to immediate termination without notice or reimbursement of any kind and You are responsible for all fees incurred. 14. JURISDICTION/VENUE. You agree that by becoming a Member and/or accessing the Website you are submitting yourself to jurisdiction and venue in the State of California, County of Los Angeles, and You agree that said County and State shall have the sole and exclusive jurisdiction as to any and all disputes arising out of or relating to Your Membership, use of the Website, or this Agreement. 15. NO WARRANTIES; LIMITATIONS ON COMPANY'S LIABILITY. YOU HEREBY AGREE THAT THE MATERIAL, 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 AVAILABILITY, ACCURACY, OR CONTENT OF MATERIAL. 16. Paycom.net and 2000Charge.com are authorized billing agents for this website. By clicking submit, you are also agreeing to be bound by their terms and conditions. Charges on your statement will appear as one of the following: cc@vs3.com, jv@vs3.com, Paycom.net or 2000Charge.com.
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