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'PAYCOM.NET' BILLING
You
must read and agree to these terms and conditions before you can become
an active member of TOTALLYLATINOS.COM. Please read them carefully.
SECURITY AND
NON-ASSIGNABILITY
Members may not assign or transfer access privileges to any other person or
entity. Members must promptly inform MSH PRODUCTIONS of the following:
changes in the expiration date of any credit card used in connection with this Service; changes in home or billing address;
apparent breaches of security, such as loss, theft, or unauthorized
disclosure or use of an ID or password. Until MSH PRODUCTIONS is notified by e-mail of a breach in security, the Member will
remain liable for any unauthorized use of the Service. Upon request,
Members will be given access to billing records that support charges for use of MSH PRODUCTIONS.
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For
good and valuable consideration, the sufficiency of which is acknowledged
by you and the Company, you hereby agree to become a subscriber to TOTALLYLATINOS.COM,
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, the
Subscriber, and TOTALLYLATINOS.COM. Subject to the terms and conditions set
forth in this Agreement, the Company agrees to provide to you all the privileges
of subscription to TOTALLYLATINOS.COM available to a Subscriber in good standing.
This Agreement is subject to change by Company at any time, and changes
are effective upon notice to the Subscriber by e-mail, posting at or via
hyperlink to TOTALLYLATINOS.COM, or by mail.
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ALL
MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED AT TOTALLYLATINOS.COM
ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS
WHERE THE MATERIALS, MESSAGES AND OTHER COMMUNICATIONS CONTAINED AT TOTALLYLATINOS.COM
DO NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY FEDERAL, STATE OR LOCAL LAW
OR REGULATION OF THE UNITED STATES OR ANY OTHER COUNTRY. NO PERSONS UNDER
THE AGE OF EIGHTEEN (18) YEARS MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS
ANY OF THE CONTENTS OF TOTALLYLATINOS.COM OR PLACE ANY ORDERS FOR ANY GOODS
OR SERVICES ADVERTISED AT OR IN TOTALLYLATINOS.COM. YOU HEREBY ACKNOWLEDGE
THAT MATERIALS PRESENTED AT AND/OR DOWNLOADABLE FROM TOTALLYLATINOS.COM INCLUDE
EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND HETEROSEXUAL,
BI-SEXUAL, 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.
YOU
HEREBY FURTHER AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF
EIGHTEEN YEARS AND ARE CAPABLE OF LAWFULLY ENTERING INTO THIS AGREEMENT.
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I
acknowledge and agree that all materials contained at TOTALLYLATINOS.COM are
proprietary and constitute valuable intellectual property. I acknowledge
and agree that as such, I may only access, view, download, receive and
otherwise use the materials available at TOTALLYLATINOS.COM only as authorized
by the Company. I agree that I 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. I hereby acknowledge and agree that no materials from any
parts of TOTALLYLATINOS.COM are authorized, and no materials are intended,
by the Company to be accessed, viewed, downloaded or used by, or transmitted,
broadcast or otherwise disseminated to any person or entity located in
any and all areas prohibited by law. I agree that any and all unauthorized
access, viewing, downloading, receipt, duplication or other use of materials
from TOTALLYLATINOS.COM, in which I am 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 TOTALLYLATINOS.COM's and potentially other's intellectual
property rights and other rights in such materials and shall further constitute
a violation of TOTALLYLATINOS.COM's trademark and other rights, including,
but not limited to, rights of privacy. We reserve the right to make
further communications on members specials via email.
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I
agree to be personally liable and fully indemnify TOTALLYLATINOS.COM for any
and all damages directly, indirectly and/or consequentially resulting from
my attempted or actual unauthorized downloading or other duplication of
materials from TOTALLYLATINOS.COM 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 TOTALLYLATINOS.COM including, but not limited to, damages
resulting from loss of revenue, loss of property, fines, attorney's fees
and costs, including, without limitation, damages resulting from prosecution
and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
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Some
or all of the following fees and charges may be incurred by the Subscriber:
a.
Subscription Fees. The Subscriber is responsible for paying periodic subscription
fees according to the then-current billing terms. Subscription fees are
non-refundable; and you must be 18 years of age or older to receive a membership
to TOTALLYLATINOS.COM. For your convenience and satisfaction, all memberships
will automatically renew upon expiration unless your subscription is cancelled
at least 24 hours prior to expiration. The cost of renewal will not exceed
monthly membership costs at time of members' initial subscription. Cost
of renewal will not be affected by any increase in TOTALLYLATINOS.COM subscription
rates. 3 Day Trial: $2.95, 1 Month: $39.95, 3 Month: $64.95. All membership cancellations can take place by visiting
our MEMBER SERVICES area.
b.
Other fees and/or charges for goods and services ordered at, through and/or
from TOTALLYLATINOS.COM and its licensees.
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Subscriptions
may not be assigned or transferred to any other person or entity. Subscriber
must promptly inform Company of the following: changes in the expiration
date of any credit card used in connection with TOTALLYLATINOS.COM; 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
Company is notified, by conventional mail, web
site form, or by telephone to TOTALLYLATINOS.COM's Customer Service
Department at (888) 968-5834, 24 hours a day 7 days a week of a breach
in security, the Subscriber will remain liable for any unauthorized use
of TOTALLYLATINOS.COM. Upon request, Subscribers will be given access to billing
records that support charges for use of the TOTALLYLATINOS.COM.
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Payment
for the services provided to you at and/or through TOTALLYLATINOS.COM may be
made by automatic credit card or check debit and you hereby authorize Company
and its agents to transact such payments on your behalf. You agree not
to report as lost or stolen any credit card which you have used in conjunction
with payment to TOTALLYLATINOS.COM, or as unauthorized any charge by TOTALLYLATINOS.COM,
for any goods or services, including subscription, for which you do not
have good reason to believe is, in fact, lost, stolen or unauthorized.
You hereby agree that any such fraudulent reporting of a lost or stolen
credit card used to obtain goods or services from TOTALLYLATINOS.COM or any
fraudulent reporting of an unauthorized charge to TOTALLYLATINOS.COM 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 TOTALLYLATINOS.COM remains outstanding at the time of such fraudulent
reporting, you shall be liable to TOTALLYLATINOS.COM for liquidated damages
of $25,000.00. The liability for liquidated damages specified in this Paragraph
shall not limit any other liability you may have for breach(es) of any
other terms, conditions, promises and warranties set forth in this Agreement.
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Subscription
to TOTALLYLATINOS.COM may be terminated at any time, and without cause, by
either Company or Subscriber upon notification of the other by electronic
or conventional mail, or by telephone. You agree to be personally liable
for all charges incurred by you during or through the use of TOTALLYLATINOS.COM.
Your liability for such charges shall continue after termination of your
membership for any reason.
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Subscribers
are responsible for providing all personal computer and communications
equipment necessary to gain access to TOTALLYLATINOS.COM. Access to and use
of TOTALLYLATINOS.COM is through the use of a password. Each Subscriber must
keep his password strictly confidential. For security reasons, TOTALLYLATINOS.COM
will not release passwords. Unauthorized access to TOTALLYLATINOS.COM is a
breach of this Agreement and a violation of law.
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Subject
to the terms and conditions set forth herein, TOTALLYLATINOS.COM hereby grants
you a limited, non-exclusive and non-transferrable license to use graphic
files, audio files, video files, text, hyperlinks, interlinks, search engines,
and other software associated with authorized Subscriber use of TOTALLYLATINOS.COM
which Company provides ("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 and, if downloadable copies of the Materials are made
available by TOTALLYLATINOS.COM, you may make only a single copy of such Materials
for your personal use and enjoyment. You may not remove any propriety notices
from Materials at any time. You may make no use of Materials not expressly
authorized herein or by prior express written authorization from 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.
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Except
for public domain material or material otherwise licensed to Company for
electronic dissemination, all Materials displayed at or otherwise available
through TOTALLYLATINOS.COM are proprietary, and, except for initial downloading,
may not be copied, redistributed, or downloaded, in whole or in part, without
the prior written authorization of Company. All editions of TOTALLYLATINOS.COM,
and all Materials and other matter used directly or indirectly in, at,
by, through and/or with TOTALLYLATINOS.COM 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 TOTALLYLATINOS.COM shall
at all times remain in 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 upon such termination,
you will immediately destroy all copies of the Materials in your possession.
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You
agree that Materials 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 warranties of merchantability, 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 Company is borne by you.
Should the Materials or any other service provided by Company prove defective
and/or cause any damage to your computer or inconvenience to you, you,
and not 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
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 Materials or other use
of TOTALLYLATINOS.COM.
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Company
does not screen or endorse advertisements or communications submitted to
TOTALLYLATINOS.COM by third-party licensees, advertisers, or subscribers for
electronic dissemination through TOTALLYLATINOS.COM. Subscribers are therefore
advised to use their own judgment to evaluate all advertisements and other
communications available at or through the use of TOTALLYLATINOS.COM prior
to purchasing goods and/or services described at TOTALLYLATINOS.COM or otherwise
responding to any communication at TOTALLYLATINOS.COM.
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Any
liability of Company, 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,
tortious 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.
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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 TOTALLYLATINOS.COM.
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No
warranty is made by Company regarding any information, services, Materials
or products provided through or in connection with the TOTALLYLATINOS.COM,
and Company hereby expressly disclaims any and all warranties, 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. Some states do
not allow the exclusion of implied warranties, so the above exclusion may
not apply to you.
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"TOTALLYLATINOS.COM"
is a service mark of TOTALLYLATINOS.COM, INCORPORATED. All rights are reserved.
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All
materials included at TOTALLYLATINOS.COM are for the private use by Subscribers
only. No other uses are intended by the Company and any other use is strictly
prohibited.
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If
the Company should at any time provide any service which enables Subscribers
to communicate with or otherwise share information with other Subscribers
or persons providing any kind or 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 TOTALLYLATINOS.COM
or other services provided to you by 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 Company to immediately
terminate all rights to access to TOTALLYLATINOS.COM. You are solely responsible
for all information which you submit, publish, display, disseminate or
otherwise communicate through TOTALLYLATINOS.COM 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 TOTALLYLATINOS.COM 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 Company directly or through
TOTALLYLATINOS.COM can be read by the operators and/or other agents of Company,
whether or not they are the intended recipient(s).
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Notices
from TOTALLYLATINOS.COM to Subscribers may be given by means of e-mail, by
general posting on TOTALLYLATINOS.COM, 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 TOTALLYLATINOS.COM may be sent in
the following manner:
a.
by means of the web site
form; or
b.
by telephone to TOTALLYLATINOS.COM's Customer Service Department during normal
business hours to 888-968-5834.
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This
Agreement contains the entire agreement between the Subscriber and Company
regarding Subscribers' use of TOTALLYLATINOS.COM, 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 Company. This Agreement shall be governed
by and construed under the laws of the State of California and the United
States as applied to agreements between California state residents entered
into and to be performed within the State of California, except as governed
by Federal law. The application of the United Nations Convention of Contracts
for the International Sale of Goods is expressly excluded. If any provision
of this Agreement is held to be unenforceable for any reason, such provision
shall be reformed only to the extent necessary to make it enforceable.
Unless otherwise explicitly stated, the provisions of this Agreement shall
surviveits termination.
YOU
HEREBY AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO ALL
ITS TERMS AND CONDITIONS BY CLICKING WHERE INDICATED BELOW AND BY AUTHORIZING
THE USE OF YOUR CREDIT CARD FOR PAYMENT OF CHARGES AND FEES FOR YOUR OBTAINING
A SUBSCRIPTION TO TOTALLYLATINOS.COM.
SELECT
"I AGREE" TO INDICATE THAT YOU HAVE READ THE MEMBERSHIP AGREEMENT IN ITS
ENTIRETY, 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 TOTALLYLATINOS.COM 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,
SELECT THE "I DO NOT AGREE".
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