WARNING * (Revision:02/26/2010)
YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE FAMILIAR WITH AND UNDERSTAND THE STANDARDS AND LAWS OF THE COMMUNITY AND/OR LEGAL JURISDICTION IN WHICH YOU RESIDE REGARDING SEXUALLY ORIENTED MEDIA. YOU FURTHER REPRESENT AND WARRANT THAT, BASED ON YOUR FAMILIARITY WITH THESE STANDARDS AND LAWS OF YOUR COMMUNITY, YOU WILL NOT BE VIOLATING ANY OF THOSE STANDARDS AND/OR LAWS BY VIEWING AND/OR PARTICIPATING IN THIS SITE. YOU UNDERSTAND THAT, BY ENROLLING AS A MEMBER IN, PARTICIPATING IN, PERFORMING IN, AND/OR VIEWING THIS SITE, YOU WILL HOLD EXSHOT COMPLETELY HARMLESS FROM AND AGAINST ANY AND ALL RESPONSIBILITIES AND/OR LIABILITIES OF ANY NATURE RELATED TO OR ARISING FROM SUCH ENROLLMENT AS A MEMBER IN, PARTICIPATION IN, PERFORMANCE IN OR VIEWING OF THIS SITE.
TERMS OF USE
PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY
OVERVIEW:
Access to the live video chat interface of video chat rooms requires a set per minute fee, plus bonuses payable at the discretion of the user.
REFUND POLICY: EXSHOT/CLUB EXSHOT does not provide cash refunds. All sales are final.
FULL TERMS & CONDITIONS:
- TERMS OF SERVICE AGREEMENT AND OPERATING RULES
A. EXSHOT/CLUB EXSHOT provides its Internet live video chat service to you as a registered subscriber or authorized user ("Member" or "you"), subject to the terms of this agreement and EXSHOT/CLUB EXSHOT’s operating rules. Both of these documents are binding agreements and we shall refer to them collectively as "TOS". The TOS comprises the entire agreement between EXSHOT/CLUB EXSHOT and you, superseding any prior agreements between you and EXSHOT/CLUB EXSHOT with respect to its subject matter. Additionally, you may be subject to additional terms and conditions that may apply when you use affiliate services, or third-party content, software, or services.
B. EXSHOT/CLUB EXSHOT may change the TOS at any time, subject to timely notice, posted publicly in a visible manner. You agree to review the TOS periodically to be aware of such changes. If any change is unacceptable to you, you may terminate your membership as provided in "Cancellation" below, or in Section 9 below. Your continued use of EXSHOT/CLUB EXSHOT following the Effective Date of any such change to the TOS constitutes acceptance of all such changes.
A. You certify that YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD (or age of legal majority in the jurisdiction in which you reside). You agree to provide EXSHOT/CLUB EXSHOT with accurate, complete, and current registration information. Failure to do this shall constitute a breach of this agreement and unauthorized access to EXSHOT/CLUB EXSHOT. Unauthorized access to EXSHOT/CLUB EXSHOT could result in immediate termination of your account and subject you to civil and criminal liability. Unless you have prior written authorization from EXSHOT/CLUB EXSHOT, you may not register for additional accounts after such termination.
B. Upon registering as a Member, you will choose a password and a screen name/chat handle. You may not select or use a screen name registered to another person, a name in violation of a third party's property rights, or a screen name that EXSHOT/CLUB EXSHOT deems offensive or otherwise inappropriate. EXSHOT/CLUB EXSHOT owns all screen names and licenses them to you. Additionally, you may not use your screen name in violation of the TOS or in ways EXSHOT/CLUB EXSHOT deems inappropriate (e.g., sending or causing to be sent mass e-mail solicitations). EXSHOT/CLUB EXSHOT reserves the right to delete any such screen name.
C. You are entirely liable for all activities conducted through your account. A Member may not permit another individual to use such Member’s account without direct supervision by the Member.
D. Members who have had their EXSHOT/CLUB EXSHOT membership terminated may not access EXSHOT/CLUB EXSHOT without EXSHOT/CLUB EXSHOT's prior express written (including e-mail) permission. Members may not allow a former Member or other agent whose membership has been terminated to use their account. For additional information on re-registration and multiple accounts, see Section 9 below.
E. Cancellation: Members may cancel their account at any time by contacting EXSHOT/CLUB EXSHOT through an email request to the following address: https://service.d2pass.com/exenmember/inquiry/.To ensure prompt and effective cancellation, please provide your EXSHOT/CLUB EXSHOT screen name and your credit-card number used to establish your account.
F. ID and Password Management : Member shall be solely responsible for managing its user ID and password. EXSHOT/CLUB EXSHOT shall not be responsible for loss or damage caused by unauthorized use of Member’s password. Member must promptly inform EXSHOT/CLUB EXSHOT of any apparent breach of security such as loss, theft, or unauthorized disclosure or use of a user ID or password. Until EXSHOT/CLUB EXSHOT is notified, whether by email, telephone or other method (such as fax) of any breach of security, Member will remain personally liable for any unauthorized use of the Services.
- CHARGES AND BILLING PRACTICES
A. There is no fee for basic membership to EXSHOT/CLUB EXSHOT. However, you may be subject to Internet access charges as required by your local or national Internet Service Carrier/Provider. A nominal onetime credit-card administration transaction of one dollar is applied to your credit card upon initial enrollment, which EXSHOT/CLUB EXSHOT uses to confirm the integrity of your account information (Also, federal legislation such as the Child Online Protection Act - COPA - and Communications Decency Act - CDA - mandates such practices upon certain online publishers like EXSHOT/CLUB EXSHOT as documentary evidence of user maturity and majority age). This nominal amount is automatically refunded to you in the form of a credit to your EXSHOT/CLUB EXSHOT account, and is credited toward the cost of any premium services you purchase. For billing inquiries or to request a detailed statement of your usage, e-mail https://service.d2pass.com/exenmember/inquiry/.
B. Effective January 1 2008, EXSHOT/CLUB EXSHOT will set an expiration date on points purchased.
Points purchased by EXSHOT/CLUB EXSHOT Members shall expire under the following circumstances: Using a Member’s recorded log-in for the last video chat session which said Member had engaged as the starting point, if said Member does not expend at least 0.1 point within a period of 2 years (or 24 months), then all points remaining in such Member’s account, as well as any bonus mileage points, shall be void and unusable. In some cases, Member may be permitted to register more than one credit card. Please note that if you register 2 or more credit cards and purchase points during a video chat session, the credit card which you last used will be the one that is automatically billed.
C. If EXSHOT/CLUB EXSHOT does not receive payment from the credit card issuer or its agents for your usage of EXSHOT/CLUB EXSHOT, you agree to pay all amounts due upon demand by EXSHOT/CLUB EXSHOT. Each time you use EXSHOT/CLUB EXSHOT you agree and reaffirm that EXSHOT/CLUB EXSHOT is authorized to charge your designated card. Your card issuer agreement governs your use of your designated card in connection with EXSHOT/CLUB EXSHOT, and you must refer to that agreement and not this TOS with respect to your rights and liabilities as a cardholder. You agree that EXSHOT/CLUB EXSHOT may, at its option, accumulate charges incurred during your billing cycle and submit them as one or more aggregate charges during or at the end of each cycle. This means that accumulated charges may appear on the statement you receive from your bank or card issuer. Further, you agree that EXSHOT/CLUB EXSHOT may delay obtaining authorization from your card issuer until submission of the accumulated charges. You acknowledge that if you want to see the components of accumulated charges you may do so emailing https://service.d2pass.com/exenmember/inquiry/.
D. If EXSHOT/CLUB EXSHOT does not receive the full amount of your EXSHOT/CLUB EXSHOT account balance within thirty (30) days of the invoice date, an additional 10% (or the highest amount allowed by law, whichever is lower) per month late charge may be added to your bill and immediately become due and payable. Member shall be liable for all attorney and collection fees arising from EXSHOT/CLUB EXSHOT's efforts to collect any unpaid balance of your account(s). You agree to be billed for and to pay any outstanding balance in the event of cancellation or termination of your EXSHOT/CLUB EXSHOT account. Unless you notify EXSHOT/CLUB EXSHOT of any discrepancies within thirty (30) days after they first appear on your account statement, they will be deemed acceptable by you for all purposes, including resolution of inquiries made by your card issuer. You release EXSHOT/CLUB EXSHOT from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to EXSHOT/CLUB EXSHOT within thirty (30) days of its publication.
E. EXSHOT/CLUB EXSHOT RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR ONLINE AREAS, CONTENT, OR SERVICES PROVIDED BY EXSHOT/CLUB EXSHOT, ITS AFFILIATES OR ICPS (AS DEFINED BELOW). EXSHOT/CLUB EXSHOT MAY ALSO ELECT, AT ITS DISCRETION, TO SUPPLEMENT SUCH NOTICE OF BILLING CHARGES THROUGH POP-UPS, E-MAIL, OR THROUGH THE POSTAL SERVICE TO THE ACCOUNT HOLDER. If any such change is unacceptable to you, you may terminate your membership as provided in Section 9 below. Your continued use of EXSHOT/CLUB EXSHOT following the effective date shall constitute your acceptance of such change.
F. You are responsible for all charges associated with connecting to EXSHOT/CLUB EXSHOT. You agree that any charges incurred to access the Internet, including but not necessarily limited to telephone charges and access fees billed by your Internet Service Provider, are entirely your responsibility. Depending on your particular location and chosen Internet Service Provider, you may be subject to long distance charges and/or other communication surcharges, which are your responsibility. You acknowledge that if you want to see the detailed components of accumulated charges, you may do so by sending email to https://service.d2pass.com/exenmember/inquiry/.
- RIGHTS AND RESPONSIBILITIES
A. CONTENT
You acknowledge that: (i) EXSHOT/CLUB EXSHOT contains information, communications, software, photos, videos, graphics, music, sounds, and other material and services (collectively "Content"); (ii) Such Content is provided under license by Independent Providers of Content ("ICPs"), other Members, EXSHOT/CLUB EXSHOT and its affiliates; and (iii) At minimum, EXSHOT/CLUB EXSHOT owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. Each Member and any user of Members account must evaluate, and bear the risk associated with any reliance on the accuracy, completeness or usefulness of any Content. EXSHOT/CLUB EXSHOT does not pre-screen Content as a matter of policy: however EXSHOT/CLUB EXSHOT, its affiliates, and ICPs shall have the right, but not the responsibility, to remove Content that they deem harmful, offensive or otherwise in violation of the TOS. Accordingly, you acknowledge that neither EXSHOT/CLUB EXSHOT, its affiliates, nor any ICP shall assume or have any liability for any action or inaction by EXSHOT/CLUB EXSHOT or its affiliates, or any ICP, with respect to Content, or Content changes within, EXSHOT/CLUB EXSHOT.
B. PROPRIETARY RIGHTS.
You acknowledge the following: (i) EXSHOT/CLUB EXSHOT permits access to Content that is protected by copyrights, trademarks, and other intellectual and proprietary rights ("Rights"); (ii) These Rights are valid and protected in all media and technologies existing now or later developed; and (iii) Except as explicitly provided otherwise, the TOS, applicable copyright and other laws govern your use of Content (see the Rules, Section D, for details). You agree that you may upload to the software files, message boards, or otherwise transmit on or through EXSHOT/CLUB EXSHOT only Content that (1) is not subject to any Rights, or (2) any holder of Rights has given express authorization for distribution on EXSHOT/CLUB EXSHOT. You represent that if you upload any files, you have the legal authorization to do so. You agree that EXSHOT/CLUB EXSHOT may employ virus-checking technology to protect its system and its members from viruses. By submitting Content to any "public area" of EXSHOT/CLUB EXSHOT (e.g., message boards, forums, the Member Directory), you grant EXSHOT/CLUB EXSHOT and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any rights that may exist in such Content. You also warrant that the holder of any Rights, including moral rights in such Content, has completely and effectively waived all such Rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any Member and authorized user to access, display, view, store and reproduce the Content for personal use. Subject to the foregoing, the owner of Content placed on EXSHOT/CLUB EXSHOT retains any and all Rights that may exist in such Content.
C. CONDUCT AND COMMUNICATION. You acknowledge that EXSHOT/CLUB EXSHOT may contain material that may be inappropriate for minors. You recognize that communication over EXSHOT/CLUB EXSHOT often occurs in real time or is posted on one of EXSHOT/CLUB EXSHOT's message boards or chatrooms. You acknowledge that EXSHOT/CLUB EXSHOT cannot, and does not intend to, screen communication in advance for accuracy or conformance to the TOS or any laws. However, EXSHOT/CLUB EXSHOT may elect, at its sole discretion, to monitor some, all, or none of EXSHOT/CLUB EXSHOT’s public areas for adherence to the TOS. Accordingly, you acknowledge that neither EXSHOT/CLUB EXSHOT, its affiliates, nor any ICP shall assume or have any liability for any action or inaction by EXSHOT/CLUB EXSHOT, its affiliates, or any ICP with respect to Content on EXSHOT/CLUB EXSHOT. Any conduct by a Member that in EXSHOT/CLUB EXSHOT's sole discretion restricts or inhibits any other Member, person or entity from using or enjoying EXSHOT/CLUB EXSHOT or another service shall entitle EXSHOT/CLUB EXSHOT to immediately terminate membership without notice. You agree to use EXSHOT/CLUB EXSHOT only for lawful purposes. You may not use, or allow others to use, your EXSHOT/CLUB EXSHOT account, either directly or indirectly, to: (1) post, transmit, or promote any unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, hateful, racially, ethnically or otherwise objectionable Content; (2) harass, threaten, embarrass, or cause distress, unwanted attention or discomfort upon another Member or user of EXSHOT/CLUB EXSHOT or other person or entity; (3) post, transmit, promote, link, or facilitate the distribution of content that may generally be considered obscene, including, but not necessarily limited to, bestiality, urination/defecation, fisting, incest, extreme sado-masochism or bondage presented in a sexual context, or any presentation of minors engaged in intimate physical contact or sexual situations, acted or depicted. (4) disrupt the normal flow of dialogue in a chatroom or on a message board or otherwise act in a manner that negatively affects other Members, users, individuals or entities, such as causing the screen to "scroll" faster than other Members or users are able to type to it or any action to a similar disruptive effect; (5) impersonate any person or entity, including, but not limited to, an EXSHOT/CLUB EXSHOT official, an ICP, forum leader, guide or host, or communicate under a false name or a name that you are not entitled or authorized to use, or impersonate a minor; (6) post or transmit, or cause to be posted or transmitted, chain letters or pyramid schemes; (7) post or transmit, or cause to be posted or transmitted, any unsolicited advertising, promotional materials, or other forms of solicitation to other Members, individuals or entities (although Contributors may use the EXSHOT/CLUB EXSHOT E-mail System to advertise current or upcoming sessions to their previous viewers who have not requested to be removed from their mailing lists), or collect or harvest screen names of other Members, without permission; (8) post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private financial information from any Member; (9) intentionally or unintentionally violate any applicable local, state, national, international or foreign law, including, but not limited to, any rules or regulations having the force of law. Please see the Rules for additional examples of prohibited conduct. EXSHOT/CLUB EXSHOT reserves the right to protect its Members and EXSHOT/CLUB EXSHOT from offensive e-mail communication, including, but not limited to, the right to block mass e-mail solicitations, or "junk e-mail." You also agree and accept that as new products become available on or through EXSHOT/CLUB EXSHOT, your use of these products is subject to TOS. In addition to Content and services provided by ICPs, EXSHOT/CLUB EXSHOT, and its affiliates, others may offer Content, software or other services to Members with their own terms and conditions relating to your use. Failure to abide by these terms and conditions may result in termination of membership. Furthermore, other such networks, including Internet areas, may subject Members to their own usage policies.
D. Member – Chathost Disputes. Disputes between Member and Chathost regarding the Chathost’s video, oral, or written content shall be resolved between Chathost and the Member. EXSHOT/CLUB EXSHOT shall not be liable for problems or damages resulting from or arising out of such disputes. EXSHOT/CLUB EXSHOT is under no obligation whatsoever to resolve such conflicts.
E. Changes in Service. EXSHOT/CLUB EXSHOT has the right to change or add to the Services, or to suspend or terminate all or part of the Services, without prior notice. EXSHOT/CLUB EXSHOT shall not be liable for any damages caused by such changes.
F. Interruptions in Service. EXSHOT/CLUB EXSHOT may shut down its website without prior notice in the event of unexpected problems with servers or communications lines, disasters, or other unforeseen interruptions. EXSHOT/CLUB EXSHOT may also shut down its website to perform server maintenance. EXSHOT/CLUB EXSHOT provides no guarantees whatsoever regarding the reliability, stability, usability etc. with respect to the deliver or performance of the Services. EXSHOT/CLUB EXSHOT shall not be liable for indirect, direct and/or consequential damages resulting from changes, interruptions, or cancellation of the Services, or from the loss of damage to, disclosure of , and/or misuse of data.
- PRIVACY POLICY
A. INTRODUCTION
i. General. The following presents important information relating to EXSHOT/CLUB EXSHOT' comprehensive Privacy Policy. Because protecting your privacy is very important to EXSHOT/CLUB EXSHOT, we have established a privacy policy that safeguards your personal information, and are committed to protecting its confidentiality. We will limit the collection and use of personal information, or Individual Information (as defined below), to what is necessary to administer our business, provide you with the highest quality service, and offer you opportunities we think will be of interest. We will NOT disclose any Individual Information, unless by order of subpoena, or if the disclosure of Individual Information to your credit-card bank may help us prove the legitimacy of your credit-card charge or bill. We actively participate in industry associations and community groups to support strong and effective privacy guidelines and practices in the interactive environment.
ii. Types of Individual Information. Individual Information is any information, data or records that relate to your EXSHOT/CLUB EXSHOT membership or use of EXSHOT/CLUB EXSHOT and identifies you or your individual Member account. The three types of Individual Information are; (1) "identity and billing information," such as your name, street address, telephone number, billing information, and any screen names associated with your account; (2) "navigational and transactional information," such as information about where you go or what you buy through EXSHOT/CLUB EXSHOT; (3) "private communications," such as the contents of e-mail, or private chat room communications.
B. MEMBER IDENTITY AND BILLING INFORMATION.
i. Collection and Storage. We may maintain the following types of identity and billing information: your name, street address, telephone number(s), length of membership, and payment information. We may also keep information on your communications with our Customer Service department and Chathosts, and general account history, such as accumulated usage credits or written complaints relating to your account. We safeguard Individual Information from unauthorized access and only authorized employees or agents who need to carry out legitimate business functions are permitted access to Members Individual Information. Employees who violate EXSHOT/CLUB EXSHOT’s privacy policies are subject to disciplinary actions, including termination when appropriate. We may use agents, who are bound by strict confidentiality guidelines, to perform storage, processing, and other limited functions on EXSHOT/CLUB EXSHOT’s behalf.
ii. Use. We use identity and billing information to administer our business, ensure that you are properly billed and offer you opportunities (e.g. pop-ups or e-mail) that may be of interest.
iii. Disclosure. We do not release Members telephone numbers, credit card numbers, or checking account numbers (or other Individual Information, such as navigational or transactional information or private communications content). Our policy is not to disclose identity information to third parties that would link a Members screen name(s) with a Members actual name, unless required to do so by law or legal process served on EXSHOT/CLUB EXSHOT (e.g. a subpoena). EXSHOT/CLUB EXSHOT, at its sole discretion, reserves the right to make exceptions to this policy in extraordinary circumstances (such as a bomb or suicide threat, or instances of suspected illegal activity) on a case-by-case basis. When feasible, we do allow our Members to access and verify their Member Identity and Billing Information. We also allow our Members to request corrections to this Information. EXSHOT/CLUB EXSHOT intends to abide by applicable laws governing the disclosure to governmental entities of Individual Information and other records. If we are under a legal obligation to disclose Individual Information to a private citizen or entity, we may make efforts under the circumstances to notify the affected Member(s) in advance of releasing it in order to provide the Member(s) an opportunity to pursue any available legal protection.
iv. Compelling Obligation. Although EXSHOT/CLUB EXSHOT will take reasonable measures not to disclose information about you or the contents of your communications, we may be compelled to do so in the good faith belief that such action is reasonably necessary (a) to comply with the law; (b) to comply with legal process; (c) to enforce these terms and conditions; (d) to respond to claims that any content violates the rights of third parties; or (e) to protect the interests of EXSHOT/CLUB EXSHOT or others.
C. NAVIGATIONAL AND TRANSACTIONAL INFORMATION.
i. Collection. We may collect and store certain navigational and transactional information, such as data on the choices you make from the range of available services, and the times and ways you use EXSHOT/CLUB EXSHOT.
ii. Use. EXSHOT/CLUB EXSHOT uses navigational and transactional information to personalize EXSHOT/CLUB EXSHOT and for programming and editorial research. For example, we may use this information to understand our Members reactions to menu items, Content, and services offered through EXSHOT/CLUB EXSHOT and to customize EXSHOT/CLUB EXSHOT based on our Members interests.
iii. Disclosure. EXSHOT/CLUB EXSHOT will not disclose to third parties navigational or transactional information (e.g. what you view through EXSHOT/CLUB EXSHOT), except to comply with applicable law or valid legal process (e.g. search warrant, court order, or providing assistance to law-enforcement authorities investigating the alleged commission of a crime).
D. PRIVATE COMMUNICATIONS
i. Collection and Storage. The EXSHOT/CLUB EXSHOT computer system does record and retain all chat room communications. However, to keep copies of any communications, you should store them on your personal computer hard drive or in print form. You agree that EXSHOT/CLUB EXSHOT may employ e-mail virus-checking technology to protect its system and its members from viruses.
ii. Use. EXSHOT/CLUB EXSHOT treats private communications on or through EXSHOT/CLUB EXSHOT as strictly confidential. EXSHOT/CLUB EXSHOT does not access, use or disclose the contents of private communications, except in limited circumstances as specifically provided below. You acknowledge that private communications directed at a person or entity, including EXSHOT/CLUB EXSHOT, may be used or disclosed by the intended recipient(s) without restrictions relating to privacy or confidentiality.
iii. Disclosure. EXSHOT/CLUB EXSHOT does not access or disclose the contents of private communications (e.g. e-mail, Member-created private rooms, online communications), unless it in good faith believes that such action is necessary (1) to comply with applicable law or valid legal process (e.g. search warrant or court order); (2) to protect the rights or property of EXSHOT/CLUB EXSHOT; or (3) in emergencies when EXSHOT/CLUB EXSHOT believes that physical safety is at risk. EXSHOT/CLUB EXSHOT reserves the right to treat as public any private chat room whose directory or room name is published or becomes generally known or available.
- EXSHOT/CLUB EXSHOT SOFTWARE LICENSES. EXSHOT/CLUB EXSHOT grants to you a non-exclusive, limited license to use EXSHOT/CLUB EXSHOT software to transmit your personal video signal to EXSHOT/CLUB EXSHOT from authorized locations in accordance with this agreement. This license is subject to the restriction that, except where expressly permitted by law, you may not translate, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works from, EXSHOT/CLUB EXSHOT software. You may not modify EXSHOT/CLUB EXSHOT software or use it in any way not expressly authorized in these Rules. You agree and accept that EXSHOT/CLUB EXSHOT’s introduction of various technologies may not be consistent across all platforms (e.g. Macintosh).
- WARRANTY. MEMBER EXPRESSLY AGREES THAT THE USE OF EXSHOT/CLUB EXSHOT AND EXSHOT/CLUB EXSHOT SOFTWARE ARE AT MEMBERS’ SOLE RISK. EXSHOT/CLUB EXSHOT, EXSHOT/CLUB EXSHOT SOFTWARE, AND EXSHOT/CLUB EXSHOT PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR PERSONAL USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. EXSHOT/CLUB EXSHOT PROVIDES THE EXSHOT/CLUB EXSHOT SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT MEMBERS WILL BE ABLE TO ACCESS THE SERVICE AT A TIME OR LOCATION OF THEIR CHOOSING, OR THAT IT WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR FOR PARTICULAR PRODUCTS. EXSHOT/CLUB EXSHOT’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF EXSHOT/CLUB EXSHOT, EXSHOT/CLUB EXSHOT SOFTWARE, AND THE INTERNET SHALL BE THE REPLACEMENT OF ANY EXSHOT/CLUB EXSHOT SOFTWARE FOUND TO BE DEFECTIVE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, EXSHOT/CLUB EXSHOT’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. EXSHOT/CLUB EXSHOT DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH EXSHOT/CLUB EXSHOT, EXCEPT AS EXPRESSLY PROVIDED ELSEWHERE, AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
- INDEMNIFICATION. Upon EXSHOT/CLUB EXSHOT’s request, Member agrees to defend, indemnify and hold harmless EXSHOT/CLUB EXSHOT, its affiliated companies, its employees, contractors, officers, directors, telecommunications providers, ICPs from all liabilities, claims and expenses, including attorneys fees, that arise from breach of the TOS by use of, or in connection with, the transmission of any Content on EXSHOT/CLUB EXSHOT or the Internet by or through Members accounts. EXSHOT/CLUB EXSHOT reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Member hereunder. In such event, Member shall have no further obligation to provide indemnification for such matter.
- TERMINATION
A. Either you or EXSHOT/CLUB EXSHOT may terminate your membership at any time. This is your sole right and remedy with respect to any dissatisfaction with EXSHOT/CLUB EXSHOT, including, but not limited to, (1) any TOS term, policy or practice of EXSHOT/CLUB EXSHOT in operating EXSHOT/CLUB EXSHOT, (2) Content available through EXSHOT/CLUB EXSHOT or change therein, or (3) any amount or type of fees, surcharges, billing methods, or change therein. You can terminate your membership by delivering notice to EXSHOT/CLUB EXSHOT's Customer Service Department by any reasonable method, including following email address https://service.d2pass.com/exenmember/inquiry/.To ensure effective cancellation, please provide your EXSHOT/CLUB EXSHOT screenname and the credit-card number used to establish your account. Your termination will take effect immediately upon EXSHOT/CLUB EXSHOT's receipt of your adequate notice as described above.
B. In the event that your account is terminated or canceled, no refund, including any membership fees, will be granted; no online time or other credits will be credited to you or can be converted to cash or other form of reimbursement. Active EXSHOT/CLUB EXSHOT Members may not allow former Members or other agents whose memberships have been terminated to use their accounts. Any delinquent or unpaid accounts or accounts with unresolved issues with the Customer Service department or other EXSHOT/CLUB EXSHOT departments must be concluded before you may re-register with EXSHOT/CLUB EXSHOT. Members using multiple accounts without prior express written permission from EXSHOT/CLUB EXSHOT shall have their membership terminated.
- LAW
A. To the extent any conflict between this agreement and the Rules exists, this agreement shall take precedence. If any part of the TOS is held invalid or unenforceable, that portion shall be construed consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions remain in full force and effect. The laws of the State of California govern the TOS and your membership. As noted above, Member conduct may be subject to other local, state, and national laws. Member expressly agrees that exclusive jurisdiction for any claim or dispute resides in the courts of the State of California. Member further agrees and expressly consents to the exercise of personal jurisdiction in the State of California in connection with any dispute or claim involving EXSHOT/CLUB EXSHOT.
B. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or software subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to EXSHOT/CLUB EXSHOT any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this agreement. Control laws also prohibit nationals of Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria from gaining access to certain Content on EXSHOT/CLUB EXSHOT.
- LEGAL NOTICES Under California Civil Code Section 1789.3, California Members are entitled to the following specific consumer rights information: (consumers residing in other states may also be entitled by statute to the following information)
1. Pricing Information. There is no fee for basic membership to EXSHOT/CLUB EXSHOT. However, you may be subject to Internet access charges as required by your local or national Internet Service Carrier/Provider. Certain fee-only Video Chathosts may set a price and terms that govern and restrict access to their respective video chat. Moreover, a nominal onetime credit-card administration transaction of one dollar is applied to your credit card upon initial enrollment, which EXSHOT/CLUB EXSHOT uses to confirm the integrity of your account information (Also, federal legislation such as the Child Online Protection Act - COPA - and Communications Decency Act - CDA - mandates such practices upon certain online publishers like EXSHOT/CLUB EXSHOT as documentary evidence of user maturity and majority age). This nominal amount is automatically refunded to you in the form of a credit to your EXSHOT/CLUB EXSHOT account, and is credited toward the cost of any premium services you purchase. Live video chats will be charged a one-time per minute fee, plus bonuses which are payable at the discretion of the Member. (Per-minute prices are tabulated by the minute and rounded to the next whole minute.) For billing inquiries, or to request a detailed statement of your usage, e-mail https://service.d2pass.com/exenmember/inquiry/. For billing questions, please e-mail https://service.d2pass.com/exenmember/inquiry/.EXSHOT/CLUB EXSHOT reserves the right to change fees, surcharges, membership fees or to institute new fees at any time upon with prior written notice, as posted in highly-visible public areas of the EXSHOT/CLUB EXSHOT website, as provided for in the Terms of Service at Section 3.
2. Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
DEFINITIONS AND REFERENCES
- "TOS" = The Terms of Service and the Rules of Use, collectively
- "Member" or "you" = A registered subscriber or authorized user of EXSHOT/CLUB EXSHOT
- "Rules" = Operating Rules of Use
- "Effective Date" = Thirty (30) days after the date of the last TOS change as posted in the Terms of Service area
- "Content" = Information, communications, software, photos, video, graphics, music, sounds and other material and services, collectively
- "ICPs" = Independent Providers of Content, typically, Video Chathosts
- "Rights" = Copyrights, trademarks, and other intellectual and proprietary rights
- "Public Areas" = Areas on EXSHOT/CLUB EXSHOT that are freely open to all Members, including, but not limited to, public chat rooms, online forums, message boards, and software libraries.
- "Individual Information" = Any information, data or records that relate to your EXSHOT/CLUB EXSHOT membership or use of EXSHOT/CLUB EXSHOT and identifies you or your individual Member account.
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