TERM
& CONDITIONS
The
following terms and conditions govern your use and access to PiER999
( www.pier999.com ). These Terms and Conditions also govern your
membership to the Site if you become a member. By accessing, using,
printing or downloading any material from any of the Site, or
becoming a member to the Site, you agree to be bound by these
Terms and Conditions. If you do not agree to be bound by these
Terms and Conditions, you may not enter the Site, you must exit
the Site immediately and you may not use or access any of the
Site or print or download any materials from it. You may use and
access the Site only in accordance with these Terms and Conditions.
You
are solely responsible for obtaining access to the Site and that
access may involve third party fees (such as Internet service
provider or airtime charges). You are responsible for those fees,
including those fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible
for all equipment necessary to access the Site (i.e., computers,
modems, and software, including the most recent versions of Internet
browsers, applications, and plug-ins).
[
Effective on 1st July 2006 : Downloadable Contents per day is
limited to 2,000MB ]
I.
ADULT ENTERTAINMENT
The Site offer online entertainment services that may be deemed
adult in nature and which may contain graphic depictions and descriptions
of explicit sexual activity. You acknowledge that you are aware
of the nature of the content provided by the Site, that you are
not offended by such content and that you access the Site freely,
voluntarily and willingly.
II.
AGE OF MAJORITY
You represent and warrant that you are at least 18 or 21 years
of age, depending on the age of majority in your jurisdiction,
and that you have the legal capacity to enter into this agreement.
If you are not at least 18 or 21 years of age, depending on the
age of majority in your jurisdiction, you must exit the Site immediately
and may not use or access the Site or print or download any Materials
from them.
III.
NO CHILD PORNOGRAPHY
You understand that all models appearing on the Site are,
and were at the time of all recorded images, at least 18 years
of age, and that the Site contain no child pornography. We take
a strong and definite stand against child pornography and only
publish images of consenting adults for consenting adults. If
you see any images, real or simulated, depicting minors engaged
in sexual activity within the Site, please report to help@pier999.com.
Include with your report any appropriate evidence, including the
date and time. All reports will immediately be investigated and
the appropriate action will be taken. We enthusiastically cooperate
with any law-enforcement agency investigating child pornography.
If you suspect other outside websites are participating in unlawful
activities involving minors, please report them to http://www.asacp.org/.
IV.
PROTECTED SPEECH
You further acknowledge that the Site contain only images
protected by the First Amendment to the United States Constitution.
If you are seeking obscenity or child pornography, please leave
this Site immediately.
V.
COPYRIGHT
All content included on the Site, such as all literary works,
text, pictorial and graphical works, photographs, video and audio
clips, motion pictures and other audio visual works, video games,
music, soundtracks, button icons, streaming data, animation, images,
compilations, .RAM files, .AVI files, .WMV files, or any other
software files (in object code or source code format) (collectively,
"Materials") is the property of PiER999 or its content
suppliers and is protected by United States and international
copyright laws. The compilation of all content on the Site's the
exclusive property of PiER999 and protected by United States and
international copyright laws.
VI.
ACCESS TO SITES
Subject to these Terms and Conditions and in consideration
of your becoming a member to a Site, PiER999 hereby grants you
a limited personal license to access the Site to which you have
become a member and the Materials contained therein. Provided
that you are a member in good standing to a Site, you may cache
the Materials onto a single computer for your personal, non-commercial
internal use only. You agree to prevent any unauthorized copying
of any of the Site, or any of the Materials contained therein.
Any unauthorized use of a Site or any of the Materials contained
therein terminates this limited license effective immediately.
This is a license to use and access a Site for its intended purpose
and is not a transfer of title. Violators of this limited license
may be prosecuted to the fullest extent under law.
VII.
RESTRICTIONS ON USE OF SITES
Without the express prior written authorization of PiER999,
you may not: (A) duplicate a Site or any of the Materials contained
therein (except as expressly provided above in Section VII); (B)
create derivative works based on a Site or any of the Materials
contained therein; (C) use the Site or any of the Materials contained
therein for any commercial purpose, or for any public display,
public performance; (D) sell, rent, lease, license, sublicense,
transfer, distribute, re-transmit, time-share or otherwise assign
to any third party the Materials or any of your rights to access
and use the Materials as granted in Section VII above; (E) remove
any copyright or other proprietary notices from the Site or any
of the Materials contained therein; (F) frame or utilize any framing
techniques in connection with the Site or any of the Materials
contained therein; (G) use any meta-tags or any other "hidden
text" using PiER999's name or marks; (H) link to any page
of any of the Site (including the homepage); (I) circumvent any
encryption or other security tools used anywhere on the Site (including
the theft of user names and passwords, or using another person's
user name and password in order to gain access to a restricted
area of any of the Site); (J) use any data mining, robots or similar
data gathering and extraction tools on the Site; (K) decompile,
reverse engineer, or disassemble software Materials except and
only to the extent permitted by applicable law, (L) bookmark any
page of any Site beyond the membership log-in screen or (M) downloading
contents ( pictures, videos, html page etc. providing in members
area of the Site ) over then the Site limited policy
( 2,000MB per day ).
VIII.
MEMBERSHIP
A.
REGISTRATION
You may access the non-public portion of the Site only by
being a member in good standing to the Site. You may become a
member of the Site by completing an online registration form.
Upon submission of the online registration form, PiER999 or its
authorized agent will process the application. In connection with
completing the online registration form, you agree to: (1) provide
true, accurate, current and complete information about yourself
as prompted by the registration form (such information being the
"Registration Data") and (2) maintain and promptly update
the Registration Data to keep it true, accurate, current and complete
at all times while you are a member. If you provide any information
that is untrue, inaccurate, not current or incomplete, or PiER999
or any of its authorized agents have reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete,
PiER999 has the right to suspend or terminate your account and
refuse any and all current or future use of the Site.
B.
MEMBER ACCOUNT, PASSWORD AND SECURITY
As part of the registration process, you will select a unique
user name and password which you must provide in order to gain
access to the non-public portion of a Site. You represent and
warrant that you will not disclose to any other person your unique
user name and password and that you will not provide access to
the Site to anyone who is below the age of majority in your jurisdiction.
You are solely responsible for maintaining the confidentiality
of your user name and password and are fully responsible for all
activities that occur under your user name and password. You agree
to (1) immediately notify PiER999 of any unauthorized use of your
user name and password or any other breach of security, and (2)
ensure that you exit from your account at the end
of each session.
C. FEES
You agree to pay all membership fees when due. PiER999 posts
the current membership fees as part of the registration process.
PiER999 reserves the right to change membership fees at any time,
with or without prior notice to you. At the time of registration,
you must select a payment method. PiER999 reserves the right to
contract with a third party to process all payments. Such third
party may impose additional terms and conditions governing payment
processing. Your account will be deemed past due if it is not
paid in full by the payment due date. If your account become past
due, you agree to pay interest on the past due amount at a monthly
rate of 1.5%, or the highest amount allowed by law, whichever
is lower, compounded daily, plus any additional collection costs,
credits, charge backs and attorneys fees. Your card issuer agreement
may contain additional terms with respect to your rights and liabilities
as a card holder. You are responsible for reimbursing PiER999
for all credit card charge backs, dishonored checks and any related
charges.
D. BILLING ERRORS
If you believe that you have been erroneously billed, please
notify us immediately of such error. If we do not hear from you
within thirty (30) days after such billing error first appears
on any account statement, such fee will be deemed acceptable by
you for all purposes, including resolution of inquiries made by
your credit card issuer.
E.
REFUND POLICY
PiER999 does not provide cash refunds. We do, however, grant
credits in the form of free monthly memberships to resolve customer
service issues. The billing system used by PiER999 or our authorized
agents provides extensive credit card fraud protection measures
and our Sites include many features to protect users from accidental
charges. Therefore, refunds to your credit card will be provided
only under the rarest of circumstances such as persistent technical
problems originating with our equipment.
IX.
TERMINATION
You may cancel your membership at any time by providing: (A)
our customer service department with a notice of your intent to
cancel the membership along with your user name and password;
and (B) any outstanding fees owed for your membership. Upon our
processing of your request to cancel your membership, you will
no longer have access to the non-public areas of the Site to which
you were a member.
PiER999
may terminate your access to a Site at any time, with or without
advance notice, if: (1) PiER999 believes that you have breached
any material term of these Terms and Conditions, (2) you fail
to pay any amount due by the payment due date; or (3) PiER999
decides to cease operations or to otherwise discontinue any of
the Site. Further, you agree that neither PiER999 nor any third
party acting on our behalf shall be liable to you for any termination
of your membership or access to any of the Site. You agree that
if your account is terminated by PiER999, you will not attempt
to re-register as a member without prior written consent from
PiER999.
X.
DISCLAIMER OF WARRANTY
YOU
EXPRESSLY AGREE THAT USE OF ANY OF THE SITE OR ANY OF THE MATERIALS
CONTAINED THEREIN IS AT YOUR DISCRETION AND AT YOUR OWN AND SOLE
RISK. THE SITE AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR
NON-INFRINGEMENT. PiER999 MAKES NO REPRESENTATIONS OR WARRANTIES
THAT THE SITE OR ANY MATERIALS CONTAINED THEREIN WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; NOR DOES PiER999 MAKE ANY REPRESENTATIONS
OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY
OR COMPLETENESS OF THE SITE OR ANY OF THE MATERIALS CONTAINED
THEREIN. YOU ALSO UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
PiER999 MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED
OR OBTAINED THROUGH THE SITE OR ANY TRANSACTION ENTERED INTO THROUGH
THE SITE AND IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR
PRIVATE INFORMATION BY SELLERS OR THIRD PARTIES. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
XI.
LIMITATION OF LIABILITY
IN NO EVENT SHALL PiER999 (OR ITS LICENSORS) BE LIABLE TO
YOU, OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS OR GOODWILL,
FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER
SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE,
EVEN IF PiER999 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL PiER999'S TOTAL LIABILITY HEREUNDER FOR DIRECT
DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF
A SITE OR SITES FOR A PERIOD OF MORE THAN SIX (6) MONTHS FROM
THE ACCRUAL OF THE CAUSE OR CAUSES OF ACTION.
XII.
INDEMNITY
You agree to indemnify PiER999 against any and all claims,
liabilities, and costs, including reasonable attorneys' fees,
reasonably incurred in the defense of any claim or suit arising
out of or otherwise related to these Terms and Conditions, including
without limitation, any breach by you of this Agreement. PiER999
shall promptly notify you by electronic mail of any such claim
or suit, and cooperate fully (at your expense) in the defense
of such claim or suit. PiER999 may participate in the defense
of such claim or defense at its own expense.
XIII.
LINKS
Some web sites which are linked to the Site are owned and
operated by third parties. Because PiER999 has no control over
such sites and resources, you acknowledge and agree that PiER999
is not responsible for the availability of such external sites
or resources, and does not endorse and is not responsible or liable
for any content, advertising, services, products, or other materials
on or available from such sites or resources. You further acknowledge
and agree that PiER999 shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such
third-party content, goods or services available on or through
any such site or resource. If you decide to access any such third
party sites, you do so entirely at your own risk and subject to
any terms and conditions and privacy policies posted therein.
XIV.
NOTICE OF CLAIMED INFRINGEMENT
PiER999 respects the intellectual property of others, and we ask
our users to do the same. If you believe that your work has been
copied in a way that constitutes copyright infringement, or your
intellectual property rights have been otherwise violated, please
provide PiER999's Copyright Agent the following information:
(A)
an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright or other intellectual
property interest;
(B)
description of the copyrighted work or other intellectual property
that you claim has been infringed;
(C)
a description of where the material that you claim is infringing
is located on a Site;
(D)
your address, telephone number, and email address;
(E)
a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent,
or the law; and
(F)
a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
or intellectual property owner or authorized to act on the copyright
or intellectual property owner's behalf. You may send your Notice
of Claimed Infringement to ken@pier999.com.
XV.
NOTICE AND TAKE DOWN PROCEDURES
PiER999 reserves the right at any time to implement a "notice
and takedown" procedure upon receipt of any notification
of claimed infringement. PiER999 reserves the right at any time
to disable access to, or remove any material or activity accessible
on or from the Site or any Materials claimed to be infringing
or based on facts or circumstances from which infringing activity
is apparent.
XVI.
PRIVACY POLICY
We do not, and will not, distribute,
rent or sell any personally identifiable information to third
parties without your express consent, other than as necessary
to process your credit card payment. We very much respect the
need for privacy by our visitors. JP Online Limited. recognizes
the importance of protecting your privacy. If you have any questions
about this Privacy Statement, the practices of this web site or
your dealings with JP Online Limited., please contact us electronically
at ken@pier999.com. Please note that persons under the age of
18 (21 in some locales) are prohibited from viewing our web site,
and JP Online Limited. does not collect any personal information
from persons under the age of 18. Please also note that JP Online
Limited. is not responsible for the content or the privacy polices
of web sites to which it may provide links or the websites of
its advertisers.
XVII.
CUSTODIAN OF RECORDS
All persons who appear in any visual depiction contained in
The PiER999 were 18 (eighteen) years of age or older at the time
of the creation of such depictions. The records required by Section
2257 of Title 18 of the United States Code with respect to visual
depictions of actual sexually explicit conduct are kept by the
custodian of records. The custodian can be reached electronically
at help@pier999.com.
XVIII.
CUSTOMER SUPPORT QUESTIONS
Customer Support is provided by JP Online Limited. to customers
at help@pier999.com
|