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- By enrolling in Perfect 10's service (the "Service"), you become a Subscriber and agree to be bound by this Agreement (the "Agreement"). This agreement is subject to change by Perfect 10 at any time, and changes are effective upon notice to each Subscriber.
- Some or all of the following fees and charges may be incurred by
the Subscriber:
- Subscription fees. The subscriber is responsible for paying
subscription fees according to the then-current billing terms.
- Subscription fees are non-refundable.
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Subscriber hereby authorizes the "Service" to charge
Subscriber's credit card (or other approved facility) for any and all
purchases of products, services and entertainment provided by Perfect 10.
Subscribership may not be assigned or transferred to any other person or
entity. Subscriber must promptly inform Perfect 10 of the following:
changes in the expiration date of any credit card used in connection with
the Service; 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 Perfect 10 is notified by telephone at 310-335-2776
(U.S.A. and Canada) and email at webmaster@perfectten.com
of a breach in security, the Subscriber will remain
liable for any unauthorized use of the Service. Upon request, Subscribers
will be given access to billing records that support charges for use of
the Service.
- Subscription to the Service may be terminated at any time, and
without cause, by either Perfect 10 or the Subscriber upon notification of
the other by conventional mail or by telephone. When termination is
requested by a member, subscription fees are NOT refunded.
Subscribers are liable for charges incurred by them until termination of
service.
- Subscribers are responsible for providing all personal computer
and communications equipment necessary to gain access to the Service.
Access to and use of the Service is through a combination of an ID and a
password. Each Subscriber must keep his password strictly confidential.
Remember your password! For security reasons, Perfect 10 will not release
passwords for any reason, except as may be specifically required by law or
court order. Unauthorized access to the Service is a breach of this
Agreement and a violation of law.
- Any liability of Perfect 10 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, tortuous behavior, negligence, or under any
other cause or action, shall be strictly limited to the amount paid by or
on behalf of the subscriber to Perfect 10 for the preceding 12 months.
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.
- No warranty is made by Perfect 10 regarding any information,
services, or products provided through or in connection with the Service,
and Perfect 10 and hereby expressly disclaims any and all warranties,
including without limitation: 1) any warranties as to the
availability, accuracy, or content of information, products, or services;
2) any warranties of merchantability or fitness for a particular
purpose. Some states/provinces do not allow the exclusion of implied
warranties, so the above exclusion may not apply to you.
- Except for public domain material and electronic messages, all
material displayed on the Service is copyrighted by Perfect 10, Inc.. and
may not be copied, redistributed, or downloaded, in whole or in part,
without the prior written consent of Perfect 10, Inc., unless otherwise clearly
stated in this Agreement.
- The material on the Service is for the
private, non-commercial enjoyment of Subscribers only.
Any other use is prohibited.
- Notices by Perfect 10 to Subscribers may be given by means of
electronic messages through the Service, by a general posting on the
service, or by conventional mail. Notices by Subscribers may be given by
electronic messages or conventional mail, unless otherwise specified in
the Agreement.
- The subscriber hereby warrants and represents that he or she is
over the age of 18 (21 in some areas), and in all respects is qualified and competent to
enter into this agreement.
- This Agreement contains the entire agreement between the
Subscriber and Perfect 10 regarding the use of the Service, and
supersedes all prior written and oral understandings and writings, and
may only be amended upon notice by Perfect 10 to Subscribers. Unless otherwise
explicitly stated, the provisions of this Agreement shall survive its
termination. The Agreement shall be governed pursuant to the laws of the
state of California, United States of America.
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