You must read and agree to these terms and conditions before you can become a member of BalloonFetish.com.
- One month memberships are US $19.95.
All credit card and online checking memberships renew
automatically, but the auto-renewal feature may be cancelled by visiting the
membership center online.
- For good and valuable consideration, you hereby agree to become a member of
BalloonFetish.com, and to be bound by the terms and conditions set forth in
this agreement ("the Agreement"). The parties to this Agreement are
you ("the Member") and BalloonFetish.com ("the
Company").
- Subject to the terms and conditions set forth in this Agreement, the Company
agrees to provide to you all the privileges of membership in BalloonFetish.com.
This Agreement is subject to change by the Company at any time. Changes
are effective upon notice to the Member by e-mail, by posting at
BalloonFetish.com, or by mail.
- All materials at BalloonFetish.com are intended for distribution to and
viewing exclusively by consenting adults in locations where the materials do
not violate community standards, or any federal, state or local laws or
regulations of any nation, including but not limited to the United States of
America.
- No one under the legal age of eighteen (18) (twenty-one in some
jurisdictions) may directly or indirectly possess or view any of the material
contained on BalloonFetish.com, allow anyone under the legal age of eighteen
(18) (twenty-one in some jurisdictions), or order any goods or services
advertised on BalloonFetish.com. You agree that you are over the legal age
of eighteen (18) (twenty-one in some jurisdictions) and are capable of lawfully
entering into an agreement to join BalloonFetish.com.
- You acknowledge and agree that the material on BalloonFetish.com includes
explicit visual, audio and text descriptions of nudity
and sexual activity, that you are familiar with such material, that you are not
offended by it, that you do not believe it to be obscene, and that you wish to
see and/or hear it. You further agree that you are not a law enforcement
official joining BalloonFetish.com for the purposes of entrapment.
- You acknowledge and agree that all materials at BalloonFetish.com are
proprietary, and that you may only access, view, download, receive and
otherwise use the materials as authorized by the Company. You agree that you
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. You acknowledge and agree
that no materials from any parts of BalloonFetish.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
under the legal age in their jurisdiction, or to any person or entity located
in any and all areas prohibited by law. You agree that any and all unauthorized
access, viewing, downloading, receipt, duplication or other use of materials
from BalloonFetish.com, in which you are directly or indirectly involved,
shall constitute intentional infringement of BalloonFetish.com's and
potentially others' intellectual property rights and other rights in such
materials and shall further constitute a violation of BalloonFetish.com's
trademark and other rights, including, but not limited to, rights of privacy.
- You agree to be personally liable and fully indemnify BalloonFetish.com
for any and all damages directly, indirectly and/or consequentially resulting
from any attempted or actual unauthorized downloading or other duplication of
materials from BalloonFetish.com alone, or with or under the authority of,
any other person(s), including, without limitation, any governmental
agency(ies). Such damages shall include, without limitation, all direct and
consequential damages directly or indirectly resulting from unauthorized
downloading of materials from BalloonFetish.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).
- Some or all of the following fees and charges may be incurred by the Member:
a. Membership Fees. The Member is responsible for paying periodic subscription
fees according to the then-current rates and billing terms. Membership fees are
non-refundable; and you must be 18 years of age or older to receive a
membership to BalloonFetish.com. All credit card and online checking memberships
will automatically renewupon expiration unless your membership is cancelled at
least 24 hours prior to expiration. All membership cancellations can take place
by visiting our membership center.
b. Other fees and/or charges for goods and services ordered at, through and/or
from BalloonFetish.com and its partners and licensees.
- Memberships may not be assigned or transferred to any other person or entity.
Member must promptly inform Company of the following: changes in the expiration
date of any credit card used in connection with BalloonFetish.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 email at
webmaster@balloonfetish.com of a breach in security, the Member will remain
liable for any unauthorized use of BalloonFetish.com.
- Payment for the services provided to you at and/or through BalloonFetish.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 BalloonFetish.com, or as unauthorized any charge
by BalloonFetish.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 BalloonFetish.com
or any fraudulent reporting of an unauthorized charge to BalloonFetish.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 BalloonFetish.com remains outstanding at the time of such
fraudulent reporting, you shall be liable to BalloonFetish.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.
- Membership in BalloonFetish.com may be terminated at any time, and without
cause, by either Company or Member upon notification of the other by electronic
or conventional mail. You agree to be personally liable for all charges
incurred by you during or through the use of BalloonFetish.com. Your
liability for such charges shall continue after termination of your membership
for any reason.
- Members are responsible for providing all personal computer and
communications equipment necessary to gain access to BalloonFetish.com.
Access to and use of BalloonFetish.com is through the use of a password.
Each Member must keep his password strictly confidential. For security reasons,
BalloonFetish.com will not release passwords. Unauthorized access to
BalloonFetish.com is a breach of this Agreement and a violation of law.
- Subject to the terms and conditions set forth herein, BalloonFetish.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 Member use of
BalloonFetish.com which Company provides ("Materials") during the
period in which you are a current Member 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 BalloonFetish.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.
- Except for public domain material or material otherwise licensed to Company
for electronic dissemination, all Materials displayed at or otherwise available
through BalloonFetish.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 Materials and
other matter used directly or indirectly in, at, by, through and/or with
BalloonFetish.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 BalloonFetish.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 Member 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 the
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 members, 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 BalloonFetish.com.
- The Company does not screen or endorse advertisements or communications
submitted to BalloonFetish.com by third-party licensees, advertisers, or
members for electronic dissemination through BalloonFetish.com. Members are
therefore advised to use their own judgment to evaluate all advertisements and
other communications available at or through the use of BalloonFetish.com
prior to purchasing goods and/or services advertised at BalloonFetish.com or
otherwise responding to any communication at BalloonFetish.com.
- 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 Member 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 BalloonFetish.com.
- No warranty is made by Company regarding any information, services, Materials
or products provided through or in connection with BalloonFetish.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.
- All materials are copyrighted by BalloonFetish.com. All rights are
reserved.
- All materials included at BalloonFetish.com are for the private use by
Members 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 Members
to communicate with or otherwise share information with other Members or
persons providing any kind or service to Members, 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 BalloonFetish.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 BalloonFetish.com. You are solely responsible for
all information which you submit, publish, display, disseminate or otherwise
communicate through BalloonFetish.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 Members who are authorized to
access BalloonFetish.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
BalloonFetish.com can be read by the operators and/or other agents of the
Company,whether or not they are the intended recipient(s).
- Notices from BalloonFetish.com to Members may be given by means of e-mail,
by general posting on BalloonFetish.com, or by conventional mail.
Communications from you to the Company, including but not limited to questions,
complaints or notices, may be made by e-mail to webmaster@balloonfetish.com or
conventional mail.
- This Agreement contains the entire agreement between the Member and Company
regarding Member's use of BalloonFetish.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.
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 survive its
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, CHECKING ACCOUNT OR PHONE BILL FOR PAYMENT OF CHARGES AND FEES FOR YOUR OBTAINING A MEMBERSHIP TO BALLOONFETISH.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 LEGAL AGE OF EIGHTEEN (18) YEARS (TWENTY ONE IN SOME JURISDICTIONS) AND UNDERSTAND THAT MATERIALS PRESENTED AT BalloonFetish.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 THE LEGAL AGE IN YOUR JURISDICTION, OR ARE IN AN UNAUTHORIZED DOWNLOADING LOCATION, SELECT "I DO NOT AGREE."