This Website is an online subscription service ("Service") owned and operated by Redvortex Entertainment. ("THE SITE OPERATOR"). Please carefully read and understand these Terms and Conditions prior to becoming a subscriber to the Service, as they constitute a binding legal agreement (the "Agreement") by and between the SITE OPERATOR and any persons who elect to become subscribers to the Service (the "Subscribers").
1. As a Subscriber to the Service, you agree to be bound by each and every provision contained in this Agreement (the "Agreement"). This Agreement may be modified or amended by THE SITE OPERATOR at any time, and changes are effective upon notice to each Subscriber. Notices by THE SITE OPERATOR to Subscribers may be given via electronic messages through the Service, a posting on the Service, or by mail.
2. You hereby acknowledge that the content made available at, in and through and in association with websites THE SITE OPERATOR and/or other parties that may provide content available at, in, through or in association with the website, include explicit visual, audio, and/or textual depictions of nudity and sexual activities, and that by agreeing to the terms and conditions you are warranting to the SITE OPERATOR and to affiliated content providers that you are intentionally and knowingly seeking access to such explicit sexual materials for your own personal viewing.
3. Subscriber hereby swears and affirms under oath, warrants and represents that he/she is at least eighteen (18) years of age (21 in jurisdictions that require that age limit) and has the legal capacity to enter into agreements of this nature. THE SITE OPERATOR makes no representation or warranty that the content published on the applicable website 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 the applicable website is namely sexually explicit materials, and that you voluntarily and knowingly choose to view such material, and that such material does not offend or vex your sensibilities. Should you be unable to affirmatively make the representations and warranties contained herein, do NOT subscribe to this Service.
4. By signing up to a subscription to the Service, accessing any of the password protected area of the service, using any of the "member's only" content available in, at or through the Service, or by accepting these terms and conditions by any other legally recognizable means you hereby acknowledge that you will be irrevocably agreeing to all the terms, conditions, obligations, warranties, and other provisions set firth in this agreement.
4.1 If you choose a paid trial option, for your convenience, trial and monthly memberships will automatically renew upon expiration unless your subscription is cancelled at least 3 days prior to the end of the current term (or within your trial period in the case of trial memberships). The standard trial period to the service is 3 DAYS. The renewal cost of a Trial memberships will not exceed $29.95, monthly memberships will not exceed $24.95. Membership will not be renewed if subscriber cancels within the initial 48 hours of this trial period and can provide proof of such cancellation via cancellation confirmation number.
4.2 If you choose a monthly membership, monthly memberships will automatically renew upon expiration unless your subscription is cancelled prior to the end of the current monthly period. Please note that the current monthly period is 30 days. Current monthly membership is a cost based on the offer presented at the time of your subscription. Monthly members get 100% access to everything on the Website.
4.3 If you choose a 180 day membership you will be billed a one-time amount not to exceed $89.95. This membership will allow you full access to the service for a period of 180 days. Upon expiration of this period you will be required to resubmit a subscription request in order to establish a new membership term.
4.4 We will begin billing your Payment Method for monthly membership fees corresponding to your membership plan plus any applicable tax at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period.
4.5 Cancellation for trial and full membership may be accomplished by calling us toll-free (U.S.A. and Canada) at 1-800-893-8871 or 1-310-664-5810 for International users (not toll free) 24 hours a day 7 days a week. Alternatively you can go to: https://epoch.com/billingsupport/ and cancel your membership online.
5. Until such time as this Agreement is terminated in accordance with its provisions, Subscriber agrees to pay his/her/its subscription fee by credit card (or other approved facility or mechanism), and hereby authorizes THE SITE OPERATOR to charge Subscriber's credit card (or other approved facility or mechanism) for the ongoing subscription fee, and for any and all purchases or products and/or services purchased by Subscriber from the Service. Subscribers using our ACH or Online check payment system also acknowledge that if payment is returned unpaid for "NSF" or "Insufficient Funds", the Customer is responsible for the unpaid transaction, plus a "Returned Item Fee" of $25.00 or the Maximum allowed by law will be electronically debited from the Customers bank account.
6. You hereby acknowledge and agree that if you cancel your subscription or if your subscription is cancelled by the company, your 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 subscription until the end of such period. If YOU cancel your monthly subscription your username and password will remain active in the system and you will be entitled to receive the full benefits of your subscription until the end of the monthly subscription period at which time your password will be removed from the system and you will not be billed again.
7. Subscriber agrees to immediately inform THE SITE OPERATOR of any of the following changes in his/her/its credit card account: Card loss or theft, or unauthorized usage of the card; apparent breach of security of Subscriber ID or password, such that unauthorized access to the Service via the card is possible. Unless Subscriber gives proper notice to THE SITE OPERATOR of same, Subscriber will remain liable to THE SITE OPERATOR for any and all charges for unauthorized use of the Service.
8. Trial Subscribers acknowledge that Trial subscriptions may not necessarily entitle full, unrestricted access to the website. Special Features, and Member's Events will be restricted to full members only. Trial Subscribers must wait until the account re-bills to a Full Monthly Membership before these special features become available.
9. THE SITE OPERATOR has no responsibility for supplying Subscribers with computer equipment or communications connections necessary to access the Service. Subscribers are solely responsible for these items.
10. Upon becoming a Subscriber to the Service, THE SITE OPERATOR will provide the Subscriber with a unique ID and password which allows access to the Service. The ID and password is issued by THE SITE OPERATOR in the form of a revocable license and remain the property of THE SITE OPERATOR and constitute proprietary information and are the property of THE SITE OPERATOR. IDs and passwords are non- transferable. Each Subscriber must keep his password strictly confidential. Remember your password! For security reasons, THE SITE OPERATOR will not release passwords for any reason, except as may be specifically required by law or court order. Transfer of any ID or password to another person or entity, or allowing any person or entity other than the Subscriber to access the Service via such Subscriber's ID and password is strictly prohibited, and is a breach of this Agreement and a violation of law. Your account may be blocked if we detect that your ID and password have been used by persons other than authorised to do so. In such cases you must contact our customer support department at http://www.redvortex.com
11. Under no circumstances, including, but not limited to, negligence, shall THE SITE OPERATOR or any of its related or 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. Subscriber specifically acknowledges and agrees that THE SITE OPERATOR is 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 Subscriber to THE SITE OPERATOR for the preceding twelve (12) months.
12. THE SITE OPERATOR MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. SUBSCRIBER'S USE OF THE SERVICE IS AT HIS/HER OWN RISK. NEITHER THE SITE OPERATOR, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVER 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, THE SITE OPERATOR MAKES NO WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, OR NON- RESULTS OF THE USE OF THE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
13. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
14. Subscriber agrees to indemnify and hold harmless THE SITE OPERATOR, the applicable websites, their officers, directors, managers, members, agents and employees from any against any claims, losses, liabilities or expenses (including reasonable attorneys' fees) arising out of Subscriber's breach of any term, condition or promise contained herein. Should any such claim for indemnification arise, or should any action be brought by Subscriber or THE SITE OPERATOR relating to any services or products offered by or through the Service, Subscriber agrees to submit to the personal jurisdiction of the courts of the United Kingdom. Should any such claim for indemnification arise, or should any action be brought by subscriber or THE SITE OPERATOR relating to any services or products offered by or through the Service, except those claims or actions relating to those products and services covered in paragraphs 17a., and 17b. below, Subscriber agrees to submit to the personal jurisdiction of the courts of the United Kingdom.
15a. If a claim or cause of action arises due to the failure by subscriber to pay for product or service or if a claim or cause of action for insufficient funds or fees due as a result of insufficient funds arises, THE SITE OPERATOR or THE SITE OPERATOR agent(s), authorized to process and/or collect funds or assignees or attorneys on behalf of THE SITE OPERATOR, may at their option, bring said claim or cause of action in any Court sitting in the United Kingdom, and SUBSCRIBER AGREES AND SUBMITS TO THE PERSONAL JURISDICTION OF THE SAID COURTS and WAIVES TRIAL BY JURY.
15b. All claims or causes of action arising due to the failure by subscriber to pay for product or services or any claim or cause of action for insufficient funds or fees due as a result of insufficient funds shall be GOVERNED BY THE LAWS OF THE United Kingdom and the SUBSCRIBER WAIVES PERSONAL SERVICE UPON THEM, and agrees that SERVICE OF PROCESS regarding these claims or causes of action shall be accomplished VIA CERTIFIED MAIL at the address designated on this agreement or on the agreement with the THE SITE OPERATOR agent(s) who is authorized to process payments and SHALL BE DEEMED PERSONAL SERVICE.
16. Except for public domain material and electronic messages, all material displayed on the Service is copyrighted by THE SITE OPERATOR, or is licensed under copyright by THE SITE OPERATOR, and may not be copied, redistributed, or downloaded, in whole or in part, without the prior written consent of THE SITE OPERATOR.
17. The Service is for the private, non- commercial enjoyment of Subscribers only. Any other use is STRICTLY PROHIBITED.
18. The Service enables Subscribers to share information with other Subscribers. Subscribers agree not to submit, publish, or display on the Service any defamatory, inaccurate, abusive, threatening, racially offensive, or illegal material. Transmission of such material that violates any law is prohibited and is a breach of this Agreement.
19. Subscribers agree not to engage in advertising to, or solicitation of other Subscribers to buy or sell any products or services through the Service without THE SITE OPERATOR's prior written consent. Subscribers are responsible for information they send, or display through the Service even if a claim should arise after termination of service.
20. There are no facilities provided by the Service for sending or receiving private or confidential electronic communications. All messages shall be deemed to be readily accessible to the general public. Do not use the Service for any communication for which the sender intends only the sender and the intended recipient(s) to read. Subscriber hereby acknowledges and agrees that all messages entered into this Service can and may be read by the operators of the Service, whether or not they are the intended recipient(s).
21. By accepting membership to DirtyOver40.com, the subscriber agrees that it may receive from time to time, email communications from DirtyOver40.com, or it's affiliated partner sites promoting or advertising other adult-oriented websites. These communications shall be deemed to be opt-in email communications by virtue of the subscriber joining this site. Email communications sent from DirtyOver40.com will include an opt out link.
22. Notices by THE SITE OPERATOR to Subscribers may be given by means of electronic messages through the Service, by a general posting on the service, or by conventional mail. Notices by Subscribers may be given by electronic messages or conventional mail, unless otherwise specified in the Agreement.
23. This Agreement sets forth the full and complete understanding between Subscriber and THE SITE OPERATOR with respect to its subject matter, and supersedes all prior understandings or agreements, whether written or verbal. This Agreement may be modified upon notice by THE SITE OPERATOR to its Subscribers. 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 United Kingdom. The prevailing party in any suit to enforce the terms hereof shall be entitled to recover his/her/its reasonable attorneys' fees.
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