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TERMS AND CONDITIONS OF MEMBERSHIP
You must read and agree to these terms and conditions before you
can become an active member of iTHAISEX. Please read them carefully.
By clicking the i agree" button below, you are purchasing a subscription
that will allow you to access iThaiSex (the "Service") subject to
the terms, conditions and disclaimers set forth herein, and you ("you"
or "Subscriber") agree to be bound by this agreement (the "Agreement")
between you and K3X Entertainment LLC. (the "Company"). This Agreement
is subject to change by the Company at any time, and changes are effective
upon posting at the Service or upon notice to you by e-mail or mail.
TRIAL SUBSCRIPTIONS:If you decide to terminate your 3 day
trial subscription, you must do so AT LEAST one day prior to the end
of the Trial Period and you will not be charged any further. If you
do not cancel at least one day prior to the end of the Trial Period,
you are agreeing to continue as a regular subscriber upon the terms
and conditions for regular subscriptions set forth herein, and you
authorize the Company to charge your credit card (or other approved
facility) at the then-current monthly rate on a recurring basis until
you request termination of your subscription according to the terms
hereof. (We no longer offer 3 day trial subscription)
- For good and valuable consideration, the sufficiency of which
is acknowledged by you and the Company, you hereby agree to become
a subscriber to iTHAISEX, 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 iTHAISEX.
Subject to the terms and conditions set forth in this Agreement,
the Company agrees to provide to you all the privileges of subscription
to iTHAISEX 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 iTHAISEX, or by mail.
- ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS,
CONTAINED AT iTHAISEX ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY
TO CONSENTING ADULTS IN LOCATIONS WHERE THE MATERIALS, MESSAGES
AND OTHER COMMUNICATIONS CONTAINED AT iTHAISEX 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 iTHAISEX OR PLACE ANY ORDERS FOR ANY GOODS
OR SERVICES ADVERTISED AT OR IN iTHAISEX. YOU HEREBY ACKNOWLEDGE
THAT MATERIALS PRESENTED AT AND/OR DOWNLOADABLE FROM iTHAISEX 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.
- I acknowledge and agree that all materials contained at iTHAISEX
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 iTHAISEX 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 iTHAISEX 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 iTHAISEX, 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 iTHAISEX's and potentially other's intellectual property rights
and other rights in such materials and shall further constitute
a violation of iTHAISEX's trademark and other rights, including,
but not limited to, rights of privacy.
- I agree to be personally liable and fully indemnify iTHAISEX
for any and all damages directly, indirectly and/or consequentially
resulting from my attempted or actual unauthorized downloading or
other duplication of materials from iTHAISEX 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 iTHAISEX
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).
- 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 iTHAISEX. 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 iTHAISEX
subscription rates. Subscription rates are as follows: Trial Membership:
$4.95. Regular monthly membership fees: $29.95. 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 iTHAISEX and its licensees.
- 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 iTHAISEX; 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 to iTHAISEX's Customer Service Department by
visiting our Member Services Area, during normal business hours
of a breach in security, the Subscriber will remain liable for any
unauthorized use of iTHAISEX. Upon request, Subscribers will be
given access to billing records that support charges for use of
the iTHAISEX.
- Payment for the services provided to you at and/or through iTHAISEX
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 iTHAISEX, or
as unauthorized any charge by iTHAISEX, 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 iTHAISEX or any fraudulent
reporting of an unauthorized charge to iTHAISEX 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 iTHAISEX remains outstanding at the time of such fraudulent
reporting, you shall be liable to iTHAISEX 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.
- Subscription to iTHAISEX 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 iTHAISEX. Your liability for such charges shall
continue after termination of your membership for any reason.
- Subscribers are responsible for providing all personal computer
and communications equipment necessary to gain access to iTHAISEX.
Access to and use of iTHAISEX is through the use of a password.
Each Subscriber must keep his password strictly confidential. For
security reasons, iTHAISEX will not release passwords. Unauthorized
access to iTHAISEX is a breach of this Agreement and a violation
of law.
- Subject to the terms and conditions set forth herein, iTHAISEX
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 iTHAISEX 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 iTHAISEX, 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.
- Except for public domain material or material otherwise licensed
to Company for electronic dissemination, all Materials displayed
at or otherwise available through iTHAISEX 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 iTHAISEX, and all Materials and other
matter used directly or indirectly in, at, by, through and/or with
iTHAISEX 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 iTHAISEX 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.
- 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 iTHAISEX.
- Company does not screen or endorse advertisements or communications
submitted to iTHAISEX by third-party licensees, advertisers, or
subscribers for electronic dissemination through iTHAISEX. Subscribers
are therefore advised to use their own judgment to evaluate all
advertisements and other communications available at or through
the use of iTHAISEX prior to purchasing goods and/or services described
at iTHAISEX or otherwise responding to any communication at iTHAISEX.
- 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.
- 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 iTHAISEX.
- No warranty is made by Company regarding any information, services,
Materials or products provided through or in connection with the
iTHAISEX, 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.
- "iTHAISEX" is a service mark of iTHAISEX, INCORPORATED. All rights
are reserved.
- All materials included at iTHAISEX are for the private use by
Subscribers only. No other uses are intended by the Company and
any other use is strictly prohibited.
- 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 iTHAISEX 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 iTHAISEX. You are solely responsible for
all information which you submit, publish, display, disseminate
or otherwise communicate through iTHAISEX 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 iTHAISEX 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 iTHAISEX can be read by the operators and/or other agents
of Company, whether or not they are the intended recipient(s).
- Notices from iTHAISEX to Subscribers may be given by means of
e-mail, by general posting on iTHAISEX, 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 iTHAISEX
may be sent in the following manner:
a. by email to support@ithaisex.com
or
b. by telephone to iTHAISEX's Customer Service Department
during normal business hours to Cumtomer Support on Members
Area inside.
- This Agreement contains the entire agreement between the Subscriber
and Company regarding Subscribers' use of iTHAISEX, 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 iTHAISEX.
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 ASIAN EXTACY 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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