Terms & Conditions of Custodian
Of Records (please see below)
(18 U.S.C.Section
2257)
TERMS OF USE AND SERVICE FOR THUGPORN.COM
INTRODUCTION
This Terms & Conditions (“TOS”) and our
Privacy Policy (the "Policy") applies to Pitbull
Productions family of websites (the "Sites").
These include ThugPorn.com; tiger-tyson.com; thugmart.com;
netdixx.com; thugopia.com; connectathug.com; and any other
sites at which this Policy appears.
Welcome to Thug Porn! Thug Porn provides its services
to Users subject to the following terms of use and service
(the "TOS").
DEFINITIONS
The following definitions apply to the TOS.
The terms "User" means any person or
entity that (a) downloads, attempts to download or otherwise
utilizes any uniform resource locator ("URL")
that resides entirely upon a server owned or operated
by Thug Porn; (b) Transmits electronic mail, files or
other data transmission, information or other matter onto
any network owned or operated by Thug Porn or onto the
Site (whether via private Transmission or public upload
posting); (c) is linked to a URL resource owned or operated
by Thug Porn; and (d) contacts, accesses or views Thug
Porn or the Site, whether through the use of any telecommunications
network or otherwise. The term User includes a Subscriber.
The term "Subscriber" means a User who
pays a fee (determined from time to time by Thug Porn
in its sole discretion) and is granted access to certain
areas of the Site only after successfully completing login
protocols established from time to time by Thug Porn,
including without limitation, through the use of an approved
User name and password.
The term "Content" means all data, text,
software, music, sound, photographs, graphics, video,
messages or other information or materials of any kind.
The term "Services" means all resources
(including Content) provided via or available on the Site
at any time, including without limitation, and by way
of example only, a User's ability to (i) access or view
Content, and to login into the Site as a Subscriber and
create or change such Subscriber's Registration Data (defined
below); (ii) communicate with the Site and other Users
via the Site (including without limitation the ability
to download or upload Content or other information or
material, post messages and participate in groups or forums);
and (iii) shop or utilize other available services, including
authorizing charges to such User's credit or debit card,
checking account or telephone invoice in order to make
purchases or pay subscription fees related to the Site.
The term "Site" means the website www.Thug
Porn.com.
The term "Thug Porn" is an assumed business
name of Pitbull Productions, a Delaware corporation.
Without limiting the foregoing, for the purposes of the
TOS, Thug Porn means Pitbull Productions, a Delaware
corporation.
The term "Transmit" or "Transmission"
means when a User uploads, posts, e-mails, transmits or
otherwise makes available (directly or indirectly, by
act or omission) or communicates any Content or other
information or material to the Site, or through such means
utilizes a Service available on or through the Site.
ACCEPTANCE OF TERMS
The Services and Content are provided to each User subject
to the TOS, which may be revised, changed, altered or
updated from time to time without notice by Thug Porn,
in Thug Porn's sole discretion. The most current version
of the TOS will always be located and displayed on the
Site. The TOS also includes any other guidelines, rules
or notices posted elsewhere on the Site, including, without
limitation and by way of example only, information included
in the part of the Site called "THE FAQ", or
"CONNECTATHUG". When a User accesses or uses
any part of the Site, such User agrees to the terms and
conditions of the TOS.
AGE AND LEGAL
ACCESS CERTIFICATION
By accessing or using the Site, the User certifies that
User is eighteen (18) years of age or older (21 years of
age in certain locales) (and in any event, User is at least
the age of consent (or older) in the jurisdiction from which
the Site is being viewed or accessed); that User is familiar
with the laws in User's area affecting User's legal right
to access the Site or to access erotic or adult-oriented
materials; that User has the legal right to such materials
and that Thug Porn has the legal right to display or make
such materials available to the User; that the User is requesting
such materials for the User's own private enjoyment; and,
that the User will not, by action or inaction, directly
or indirectly, share such materials with or make such materials
available to a minor in any manner whatsoever.
REGISTRATION OBLIGATIONS
AND SECURITY
In consideration of User's access to or use of the Site
(whether as a Subscriber, guest or otherwise), the User
agrees to: (a) provide true, accurate, current and complete
information about the User as prompted by the Thug Porn's
registration and profile date forms, or any other questionnaire
or information input format, which requests information
from or about User, and (b) maintain and promptly update
such information to keep it true, accurate, current and
complete (collectively, such information is sometimes referred
to as the "Registration Data"). Without limiting
any other matter contained herein, a User's access to or
use of the Site may be suspended or terminated (without
cost to Thug Porn and without obligation for reimbursement
of any fees previously paid by a Subscriber to Thug Porn)
for such User's failure to provide or maintain true, accurate,
current and complete Registration Data as provided in the
TOS.
Each Subscriber is responsible for maintaining the confidentiality
of any Subscriber login user name and password (or other
identifying information). Each Subscriber is solely responsible
for all activities that occur under the Subscriber's login
user name or password, and neither the login user name nor
password may be assigned or transferred to any other person
or entity, voluntarily or involuntarily, by operation of
law or otherwise, without the express prior written consent
of Thug Porn, which consent may be withheld in Thug Porn's
sole discretion. Each Subscriber agrees immediately to notify
Thug Porn of any unauthorized use of such Subscriber's name
or password, and each User agrees immediately to notify
Thug Porn of any unauthorized use and any other breach of
security with respect to the Site known by such User.
CONDUCT
User acknowledges and understands that all Content a User
Transmits to the Site, whether publicly posted on the Site
or privately Transmitted onto or via the Site, is not reviewed
or pre-screened by Thug Porn and is the sole responsibility
of such User from whom such Content originates or is uploaded.
This means that the User, and not Thug Porn, is responsible
for all Content that the User Transmits onto or via the
Site, whether or not displayed ultimately on the Site. Therefore,
Thug Porn does not guarantee the accuracy, integrity or
quality of Content Transmitted to the Site by a User, nor
does Thug Porn make any representation or other warranty
with respect to such Content. Without limitation, and by
way of example only, Users may email to the Site calendar
events. Thug Porn does not regularly, and may not ever,
review the accuracy or consistency of such calendar events.
User understands and acknowledges that by viewing, using
or accessing the Site, the User may be exposed to Content
that may be considered or deemed offensive, indecent or
objectionable.
User agrees to NOT use the Site to:
| a. |
Transmit any Content
that is unlawful, harmful, threatening, abusive, pornographic,
harassing, tortuous, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful or racially,
ethnically or otherwise objectionable; |
| b. |
harm minors or any
person in any way; |
| c. |
impersonate any
person or entity, or falsely state or otherwise misrepresent
User's affiliation with a person or entity; |
| d. |
forge headers or
otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Site;
|
| e. |
Transmit any Content
that User does not have a right to Transmit, whether
or not under any law, rule or regulation, or under contractual
or fiduciary relationships; |
| f. |
Transmit any Content
that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party;
|
| g. |
Transmit any unsolicited
or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain
letters," "pyramid schemes" or any other
form of solicitation; |
| h. |
Transmit any material
that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software
or hardware or telecommunications equipment; |
| i. |
interfere with
or disrupt the Site or Thug Porn or servers or networks
connected to the Site or Thug Porn, or disobey any requirements,
procedures, policies or regulations of networks connected
to the Site or Thug Porn, or violate any terms contained
in the TOS; |
| j. |
"stalk"
or otherwise harass another; or |
| k. |
collect or store
personal data about Users other than User. |
| l. |
download Content
except as otherwise permitted under the TOS. |
User acknowledges that (i) Thug Porn or its designee has
the right (but not the obligation) in its sole discretion
to refuse, move or delete any Content that is Transmitted
onto or made available via the Site, and (ii) that a User's
Transmission of Content to the Site or Thug Porn does not
imply any promise or covenant on behalf of Thug Porn that
such Content will be displayed, nor does it imply any promise
or covenant (except with respect to information submitted
by a User necessary to process User authorized credit or
debit card or checking account payment transactions (which
will be handled by Thug Porn in accordance with the security
provisions contained in the Privacy Policy below) that such
Content will not be displayed or made publicly available
on the Site or intercepted or read by someone other than
the intended recipient.
Under no circumstances will Thug Porn be liable or responsible
in any manner for any Content that Thug Porn posts to the
Site, including without limitation, any errors or omissions
in any Content, or for any loss or damage of any kind incurred
as a result of the use of or reliance upon any such Content.
User agrees that User must evaluate, and bear all risks
associated with the use of or access to any Content, including
Content posted to the Site by Thug Porn.
User acknowledges and agrees that Thug Porn may preserve
Content and may also disclose Content (including without
limitation, Registration Data) if required to do so by law
or if Thug Porn believes that such preservation or disclosure
is reasonably necessary to: (a) comply with legal process;
(b) enforce the TOS; (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect the
rights, property or personal safety of the Site or Thug
Porn, its Users or the public.
User understands that the technical processing and Transmission
of the Services or Content, may involve (a) transmission
over various networks; and (b) changes to conform and adapt
to technical requirements of connecting networks or devices.
User agrees not to (and User agrees User has no right to)
reproduce, duplicate, copy, sell, resell or exploit for
any purposes, any portion of the Site (including, without
limitation, the Services or Content contained on the Site).
INTERNATIONAL USE
User agrees to comply with all local rules regarding online
conduct and acceptable Content. Specifically, User agrees
to comply with applicable laws regarding the transmission
of technical data exported from the United States or the
country in which the User resides.
CONTENT SUBMISSIONS AND USE GUIDELINES
Except as otherwise provided by separate agreement between
a User and Thug Porn, Thug Porn does not claim ownership
of Content Transmitted by a User to the Site and displayed
on the Site. In it sole discretion, Thug Porn may condition
Site display of User Transmitted Content upon such User
becoming a Subscriber.
Notwithstanding the foregoing, a User who successfully Transmits
Content to the Site grants to Thug Porn a perpetual, world-wide,
royalty free, non-exclusive, irrevocable and fully sublicensable
license to use, distribute, reproduce, modify, adapt, publish,
translate, publicly perform and publicly display any or
all Content so Transmitted and to incorporate such Content
into other works.
User represents and warrant that with respect to any Content
User Transmits, or causes to be Transmitted, to the Site,
Thug Porn has NOT hired, contracted for, managed or otherwise
arranged for the participation of any performers depicted
in such Content.
User acknowledges that Thug Porn may establish general practices
and limits concerning use of the Site. Such practices and
limits may include, without limitation, the maximum number
of days that message board postings or other Transmitted
Content will be retained by Thug Porn on the Site, the maximum
number of messages that may be Transmitted on the Site,
the maximum size of any message that may be Transmitted
on the Site, the maximum disk space that will be allotted
on the Site's servers on a User's behalf and the maximum
number of times (and the maximum duration for which) a User
may access the Site in a given period of time. User agrees
that Thug Porn has no responsibility or liability for the
deletion or failure to store any messages and other communications
or other Content maintained on, Transmitted to or downloaded
from the Site. Without limiting any other matter contained
herein, User further acknowledges that Thug Porn reserves
the right to change these general practices and limits at
any time, in its sole discretion, and with or without notice.
CUSTODIAN OF RECORDS
Without limiting any other matter contained herein, User
represents and warrants that with respect to any Content
a User has produced and Transmits to the Site which contains
depictions of nudity or actual sexually explicit conduct,
all persons who appear therein were 18 (eighteen) years
of age or older at the time of the creation of such depictions.
Further, such User represents and warrants that with respect
to the depictions described in the preceding sentence, true,
correct and complete records required by 18 USC Section
2257 have been obtained and will be maintained by User in
compliance with such law and will be provided to Thug Porn
promptly upon request by Thug Porn.
With respect to visual depictions of actual sexually explicit
conduct produced by and posted on the Site by Thug Porn
(other than depictions Transmitted by a User as described
in the preceding sentence), records required by 18 USC Section
2257 are kept by the custodian of records, A. Maisonette,
at Pitbull Productions. The custodian can be reached
electronically at custodian@Thug Porn.com or via mail at
Pitbull Productions, 809 85th Street - Suite C, Miami,
Florida 33317.
TRADEMARKS
Thug Porn.com, the Thug Porn.com logo, NETDIXX ®, CONNECTATHUG
®, THUGMART ®, and all page headers, custom graphics
and icons are service marks and trademarks of Pitbull Productions,
(d/b/a Thug Porn) and may be used publicly only with
the express prior written consent and permission of Thug
Porn. Other trademarks and service marks featured on the
Site are displayed pursuant to licenses obtained from the
owners or holders of those trademarks and service marks,
and may not be used publicly without the express prior written
consent and permission of the owners or holders of such
trademarks and service marks.
COPYRIGHTS
Except for electronic messages, all Content and Services
on the Site are protected by federal copyright laws and
are protected under treaty provisions and worldwide copyright
laws. Content contained in any part of the Site may not
be reproduced, copied, edited, published, transmitted, uploaded
or downloaded in any way without the prior written consent
and permission of Thug Porn. Thug Porn does not grant any
express or implied right to any third party (including without
limitation Users), under any trademarks, service marks,
copyrights or other proprietary information or rights.
LIMITED LICENSE AND ACCEPTABLE USE
Thug Porn provides the Content and Services on the Site
for the personal, non-commercial use by viewers, fans, visitors,
Users, Subscribers or potential Subscribers of Thug Porn.
Users of the Site are granted a single, personal, non-transferable
license to download (on a single computer only) one copy
of any of the Content found on the Site made available for
downloading for personal, non-commercial use only. Thug
Porn reserves the right to limit the amount of Content downloaded.
Commercial use or exploitation of the Content on the Site,
or any portion thereof, is strictly prohibited. In addition,
Users of the Site may not: (1) modify any of the Content
found in any area of the Site; (2) use any of the Content
found in any area of the Site for any public display, performance,
sale or rental; (3) remove, modify or alter any copyright
or other proprietary notice or trademarks from any of the
Content found in any area of the Site; (4) otherwise Transmit
any Content located in any area of the Site to any other
person or entity, including posting to newsgroups or public
forums; (5) rent, lease, loan, sell, distribute or create
derivative works based on the Content or any portion thereof
posted on the Site, or the software or techniques used in
connection with the Site; or (6) modify the software and
techniques used in connection with the Site. Thug Porn reserves
the right to terminate this license at any time if a User
breaches or violates any provision of the TOS, in which
case such User will be obligated to immediately destroy
any Content information or materials User has downloaded
or otherwise copied from the Site.
Thug Porn reserves all other rights coincident or related
to the Site. The use of download managers, for example Gozilla,
Wget, HTTrack, or others - to download more than one (1)
image or movie file at a time, which is available for download,
is strictly prohibited and will result in termination of
a Users right to access any portion of the Site .
DISCLAIMER
SITE CONTENT AND SERVICES ARE PROVIDED "AS IS"
AND ON AN "AS AVAILABLE" BASIS. Thug Porn EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR
A PARTICULAR PURPOSE. Thug Porn OFFERS NO ASSURANCE OF UNINTERRUPTED
OR ERROR-FREE CONTENT OR SERVICE, CONTINUED OPERATION OF
THE SITE OR PROTECTION FROM DELETION, MISDELIVERY OR FAILURE
TO STORE INFORMATION, INCLUDING USER COMMUNICATIONS AND
PERSONALIZATION SETTINGS. Thug Porn DOES NOT WARRANT THE
ACCURACY OR COMPLETENESS OF THE CONTENT OR SERVICES CONTAINED
ON THE SITE. Thug Porn MAY CHANGE ANY OF THE CONTENT OR
INFORMATION DISPLAYED OR LOCATED OR FOUND AT THE SITE AT
ANY TIME WITHOUT NOTICE. Thug Porn MAKES NO COMMITMENT TO
UPDATE THE CONTENT OR INFORMATION FOUND AT OR DISPLAYED
OR LOCATED OR FOUND ON THE SITE. IN NO EVENT SHALL Thug
Porn BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION,
LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY
TO USE THE SITE OR ITS CONTENT OR SERVICES, EVEN IF Thug
Porn HAS BEEN ADVISED OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS
PROHIBIT THE EXCLUSION OR LIMITATINN OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO A USER.
TERMINATION AND ACCESS RESTRICTION
Thug Porn reserves the right, in its sole discretion and
without notice to User, to terminate a User's access to
the Site (or any portion thereof) and to remove from the
Site and discard any Content (including without limitation
Content a User Transmits to the Site). Thug Porn may also
terminate or suspend a User's access to the Site for inactivity,
which is defined as failing to log into a particular service
for an extended period of time, as determined by Thug Porn,
in it sole discretion. In the event of the suspension or
termination of a User's access to the Site (or any portion
thereof), User's right to use the Site (or any portion of
which User access has been terminated) and to access any
Content or Services contained thereon will immediately cease.
Any such termination or suspension may be implemented without
notice to User.
NO SPAM
Thug Porn may, in its discretion, terminate Site access
of any User that Thug Porn believes, in its sole discretion,
is Transmitting or is otherwise connected with any spam
or unsolicited bulk e-mail. In the event a User's access
is terminated for the reason described in the preceding
sentence, and because damages are often difficult to quantify
in such circumstances, if actual damages cannot be reasonably
calculated, then User agrees to pay Thug Porn liquidated
damages equal to $5 for each piece of spam or unsolicited
bulk e-mail Transmitted from or otherwise connected with
such User's access to or use of the Site; otherwise, User
agrees to pay Thug Porn actual damages, to the extent such
actual damages can be reasonably calculated. A printed version
of the TOS and any notice given in electronic form shall
be admissible in judicial or administrative proceedings
to the same extent as other business documents and records
originally generated and maintained in printed form.
ACCOUNTS ARE NOT INTENDED FOR COMMERCIAL USE
The contact form, comment forms and all areas of member
publishing is intended for personal use only. Members may
not use these features to advertise other websites or products,
or solicit members or models on the site for any commercial
endeavors. Thug Porn may, in its discretion, terminate Site
access of any User that Thug Porn believes, in its sole
discretion, is posting or is otherwise connected with any
commercial soliciting of models or members or unsolicited
advertising. In the event a User's access is terminated
for the reason described in the preceding sentence, and
because damages are often difficult to quantify in such
circumstances, if actual damages cannot be reasonably calculated,
then User agrees to pay Thug Porn liquidated damages equal
to $25,000 for each instance of solicitation or advertising
from or otherwise connected with such User's access to or
use of the Site; otherwise, User agrees to pay Thug Porn
actual damages, to the extent such actual damages can be
reasonably calculated. A printed version of the TOS and
any notice given in electronic form shall be admissible
in judicial or administrative proceedings to the same extent
as other business documents and records originally generated
and maintained in printed form.
LINKS TO THIRD-PARTY SITES
The Site may contain links to sites that are controlled
by third parties. Those linked sites are not controlled
by Thug Porn and User acknowledges that Thug Porn is not
responsible for the content of any such linked site or any
link contained in a linked site. Thug Porn provides such
links only as a convenience, and the inclusion of any link
does not imply endorsement by Thug Porn of any linked site.
JURISDICTION AND VENUE
This Site is owned and operated by Thug Porn doing business
in Miami, Florida. Thug Porn makes no representation that
any of the Content or Services available on the Site is
appropriate or available for use in other locations. The
TOS is governed and construed by FLORIDA law, without regard
to conflicts of law provisions. In the event of a dispute
arising out of or relating to the TOS, or a User's use of
or access to the Site, any suit must be brought in state
or federal court in the County of Dade, State of FLORIDA
and User agrees to submit to the personal and exclusive
jurisdiction of such courts located in such county.
INDEMNIFICATION
Each User indemnifies and holds Thug Porn, and its subsidiaries,
affiliates, officers, directors, shareholders, employees,
agents, co-branders or other partners, harmless from and
against any and all demands, claims, losses or damages,
including reasonable attorneys' fees at trial and on appeal,
related to or arising out of such User's (i) Transmission
of Content to or through the Site (and whether or not such
Content displayed or made available on the Site), at any
time, (ii) use of or access to the Site, (iii) connection
to the Site, (iv) breach of any representation, covenant
or warranty contained in the TOS, or (v) violation of any
rights of another.
Further, Thug Porn makes no representations or warranties
as to the conduct of any of the models displayed on the
site and or any of the USERS, specifically in the Connectathug
® Interactive chat, personals and escort area or their
compatibility with any current or future Registered Users.
IN NO EVENT SHALL Thug Porn, AND ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CO-BRANDERS
OR OTHER PARTNERS BE LIABLE FOR ANY DAMAGES WHATSOEVER,
WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY,
CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING
TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH
THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY
INJURY, EMOTIONAL DISTRESS, SEXUALLY TRANSMITTED DISEASES
AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR
MEETINGS WITH OTHER REGISTERED USERS OR MODELS OF THIS SERVICE
OR PERSONS INTRODUCED TO YOU BY THIS SERVICE.
NOTICES
Notices by Thug Porn to Users may be given by means of electronic
messages or by a general posting on the Site. Notices by
Users to Thug Porn must be given by e-mail or regular mail,
postage prepaid at the following address: Pitbull Productions,
, 809 85th Street - Suite C, Miami Beach, Florida 33317.
Any question, complaint or notice to Thug Porn by means
of e-mail must be sent to help@Thug Porn.com.
PRIVACY POLICY
What kind of information does Thug Porn collect?
Thug Porn receives and stores information a User sends to
us.
When a User becomes a Subscriber, Thug Porn obtains and
retains the Registration Data.
When a User requests pages from the Site's server, the Site
Web server automatically collects some information about
such User, including the User's IP addresses.
Thug Porn collects information regarding a User's use of
the Site through the use of cookies.
If a User sends the Site or Thug Porn personal correspondence,
such as e-mails or letters, Thug Porn may collect such information
in a file specific to that User. Thug Porn may maintain
a record or notes of communications with a User regarding
use of or access to the Site, and that compilation of records
or notes may include information
Thug Porn receives from other sources.
All of the information listed in the preceding sentences
of this paragraph is sometimes referred to as "Customer
Information".
Who sees a User's Customer Information?
Thug Porn does not distribute, rent or sell Customer Information
to third parties, other than (i) with the User's consent
(including, for example, when a User Transmits for public
display on the Site Customer Information, or a portion thereof),
(ii) as necessary to process User authorized credit or debit
card payment transactions, or (iii) as otherwise permitted
by the TOS.
How does Thug Porn use Customer Information?
Thug Porn uses Customer Information as necessary to process
User authorized credit or debit card payment transactions,
to facilitate a User's viewing of the Site and to communicate
with the User. Thug Porn also uses Customer Information
to compile broad demographic and Site usage information
about the Site Users, for its internal business use, but
such compilations generally do not contain anything that
could be used to identify a User personally. A User will
not receive any e-mail from Thug Porn unless the User has
requested it and a User can indicate at any time that the
User does not wish to receive e-mails information from Thug
Porn.
How secure is a User's Customer Information?
Thug Porn takes reasonable precautions to maintain the security
of Customer Information. Thug Porn provides Users with a
secure web page through which to submit billing information
when the User becomes a Subscriber or shops for merchandise
sold on the Site. Thug Porn maintains Customer Information
in a reasonably secure manner, including storing such Customer
Information behind firewalls.
However, Thug Porn may buy other businesses or sell portions
of its own business, and Customer Information may be a transferred
asset, subject to any then existing Privacy Notice.
SERVICES FOR CUSTOMERS
Thug Porn allows Subscribers to transmit data to various
financial networks and telecommunication networks for settlement.
In order to enroll in such services, the Subscriber must
(i) be at least 18 years of age; (ii) populate every field
on every form presented to User with accurate data; (iii)
have a valid e-mail address; and (iv) agree to be bound
by the TOS or any other agreement governing User's use of
the service or particular resource described in the preceding
sentence. User's failure to populate every field may result
in User's waiver of certain rights under the TOS or other
applicable agreements.
1. Credit/Debit Card Authorization:
By submitting credit or debit card ("Bank Card")
data to Thug Porn, User authorizes Thug Porn in its sole
discretion to submit financial transactions to such User's
issuing bank for settlement. User agrees that once Thug
Porn has approved or declined the User's transaction, Thug
Porn has fully performed under the terms of the TOS or other
applicable agreements.
Each User who authorizes payment of a recurring charge (including
without limitation subscription fees payable by a Subscriber)
by Bank Card agrees to contact Thug Porn in the event such
User desires to cancel any such recurring charge, all within
ten (10) days prior to the next billing cycle, except in
the case of where a User purchases a five (5) day convertible
trial period (hereinafter "Trial"), the User must
cancel any such recurring charge within two (2) days prior
to the next billing cycle. Should User fail to contact Thug
Porn within such time frame, User agrees to indemnify and
hold Thug Porn harmless from any losses or damages that
User suffers as a result of such recurring charge.
If a User believes that there is an error on User's Bank
Card statement arising from or related to a transaction
authorized by User, including an incorrect amount or unauthorized
transaction reflected on User's Bank Card statement or transaction
summary, User agrees to contact Thug Porn within the time
periods set below. Upon proper notification, Thug Porn,
in its sole discretion, may issue a credit to User's
Bank Card:
o United States Issued Bank Cards-- within 120 days of the
transaction.
o International Issued Bank Cards-- within 180 days of the
transaction.
2. ACH Debit Authorization
By submitting a User's checking account data to Thug Porn,
User authorizes Thug Porn in its sole discretion to submit
financial transactions to such User's depository bank for
settlement. User agrees that once Thug Porn has approved
or declined the User's transaction, Thug Porn has fully
performed under the terms of the TOS or other applicable
Agreement.
Each User who authorizes payment of a recurring charge (including
without limitation subscription fees payable by a Subscriber)
by checking account agrees to contact Thug Porn in the event
such User desires to cancel any such recurring charge, all
within ten (10) days prior to the next billing cycle, except
in the case of where a User purchases a five (5) day convertible
trial period (hereinafter "Trial"), the User must
cancel any such recurring charge within two (2) days prior
to the next billing cycle. Should User fail to contact Thug
Porn within such time frame, User agrees to indemnify and
hold Thug Porn harmless from any losses or damages that
User suffers as a result of such recurring charge.
If a User believes that there is an error on User's checking
account statement arising from or related to a transaction
authorized by User, including an incorrect amount or unauthorized
transaction reflected on User's checking account statement
or transaction summary, User agrees to contact Thug Porn
within two (2) business days after learning of such error.
Upon proper notification, Thug Porn, in its sole discretion,
may issue a credit to User's checking account.
MISCELLANEOUS
The TOS contains the entire understanding between the User
and Thug Porn regarding the subject matter of the TOS, superseding
all prior or contemporaneous communications, agreements
and understandings between the User and Thug Porn. The TOS
is binding on and inures to the benefit of the parties,
their legal representatives, successors and assigns; provided,
however, that neither the TOS, nor any rights granted hereunder,
may be assigned, transferred, conveyed or encumbered by
User without the prior written consent of Thug Porn, which
consent may be withheld in Thug Porn's sole and arbitrary
discretion. If any provision or clause of the TOS, or any
portion thereof, is held by any court or other tribunal
of competent jurisdiction to be illegal, void or unenforceable
in such jurisdiction, the remainder of such provisions shall
not thereby be affected and shall be given full effect,
without regard to the invalid portion. The TOS is neither
intended to, nor shall it be construed as creating, a joint
venture, partnership or other form of business association
between Thug Porn and any User. If any suit or action is
filed by any party to enforce the TOS or otherwise with
respect to the subject matter of the TOS, the prevailing
party shall be entitled to recover reasonable attorney fees
incurred in preparation or in prosecution or defense of
such suit or action as fixed by the trial court, and if
any appeal is taken from the decision of the trial court,
reasonable attorney fees as fixed by the appellate court.
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