Terms of Service
& Conditions of Access, Use & Membership
Before you are
authorized to purchase a membership and access the protected materials
provided (referred to herein as “Service” or “website”), you are required
to read and accept the following Terms of Service & Conditions of
Access, Use and Membership (the “Agreement”). This Agreement is made and
entered into between Horizon Entertainment, ("the company"), and
you ("you" or "your"). 4HotStuff.com is a site of
Horizon Entertainment.
By joining, you are agreeing to these terms and conditions, and are
agreeing to be legally bound by them. This agreement is subject to change
at any time. Changes are effective when posted on this site without notice
upon each subscriber.
PLEASE READ CAREFULLY AND UNDERSTAND EACH AND EVERY PROVISION CONTAINED IN
THIS AGREEMENT PRIOR TO DETERMINING WHETHER YOU AGREE TO PROCEED INTO THIS
WEBSITE.
1. Explicit Adult Content
1.1 You hereby swear and
affirm under oath, warrant and represent that you are at least eighteen
(18) years of age (21 in some jurisdictions) and have the legal capacity to
enter into agreements of this nature. The company makes no representation
or warranties that the content published on this site complies with the local
laws of your jurisdiction. You are solely responsible for knowing and
understanding your local laws concerning standards of content legality for
purposes of obscenity laws. You further represent and warrant that you
understand the nature of the content published on this site, namely,
sexually explicit materials, and that you voluntarily and knowingly choose
to view such material and that such material does not offend or vex your
sensibilities. Should you be unable to affirmatively make the representations
and warranties contained herein, do NOT subscribe to this Service.
2. Billing
2.1 Your membership
purchases will discreetly appear from: "Horizon" on your
credit card.
2.2 All transactions are performed though Horizon. By clicking “Click Here
for Instant Access”, you authorize the company to charge your credit card
according to the terms of the membership.
3. Description of the service
3.1 You will be able to a
create a username and password in order to access the members only area of
the website, in exchange for the membership fees.
3.2 The username and password are, and shall remain, the sole and exclusive
property the website, and are issued to you in the form of a revocable
license.
3.3 You have a strict obligation to keep the username and password
confidential. Should you have reason to believe that either may have become
compromised, you must immediately inform the website via: mailto:notify@4hotstuff.com. Always
keep your username and password in a safe place. The company reserves the
right to terminate the membership at any time with or without cause.
4. Membership pricing & terms
4.1 You are responsible
for paying the periodic subscription fees according to the then-current
billing terms. Charges are in $USD. Membership fees, options and the terms
of billing are clearly noted on the page where you enter your credit card
or payment information.
A monthly price of twenty
nine ninety five $29.95 USD. The monthly membership will renew, for your
convenience, every 30 days, unless cancellation notice is received prior to renewal.
Regular monthly memberships are twenty-nine ninety-five $29.95 USD, and
will automatically renew every 30 days unless cancelled prior to renewal.
Three month memberships cost sixty nine ninety five $69.95 USD, and will
automatically renew every 90 days unless cancelled prior to renewal.
4.2 The
maximum Term of this agreement is 100 months. Unless and until this
agreement is cancelled in accordance with the terms hereof, you authorize
the company to charge your credit card to pay for the ongoing cost of
membership.
4.3 You hereby further authorize the company to charge your credit card for
any and all purchases of products, services and entertainment provided by
the site. You are only allowed to have one membership per website at a
time.
4.4 Cancellation requests should be done BEFORE THE END OF THE BILLING TERM
through billing support at: mailto:billing@4hotstuff.com
5. Debiting time of the
cardholder
5.1 You will be debited
instantaneously at the time of purchasing the membership. Charges are in $USD.
You may request a copy of the account of charges made for the use of the
website. You forego this right if such request is not made. Requests must
be made directly to billing support at: mailto:billing@4hotstuff.com
6. On time execution of orders
6.1 All orders are usually
filled immediately however, if there are problems, it could take up to 24
hours to fulfill and order.
7. On time reaction to
subscribers' questions
7.1 The website will do
all in its power to answer questions and inquires within 24 hours.
7.2 You may contact the website with NON BILLING RELATED QUESTIONS by
submitting a ticket at: mailto:service@4hotstuff.com
8. Accurate information on file
8.1 If the address or any
other information pertaining to your credit card is changed for any reason,
including changes in the home or billing address, changes in the card
expiration date, or if your credit card is lost or stolen, you must
immediately inform the website via e-mail. Your failure to do so is a
material breach of this Agreement, and, in the event of your failure to
notify the website, the company disclaims any and all responsibility for
charges posted to a lost or stolen credit card.
9. Cancellation of Membership
9.1 At any time, and
without cause, subscription to the Service may be terminated at by the
company, the website, or the subscriber upon notification by electronic
mail, or by telephone. When you request the termination, further charges
for that particular subscription are cancelled. You are liable for charges
incurred by yourself until termination of service. Cancellation requests
should be done BEFORE THE END OF THE BILLING TERM through billing support
at: mailto:billing@4hotstuff.com
10. Refunds
10.1 Should a refund be
issued, all refunds will be credited to the credit card, debit card, or
checking account used in the original transaction solely. Refunds will not
be issued by cash, check, or to another credit card. Please allow 3 to 5
business days for the refund to appear on the account.
11. Chargebacks
11.1 If you request a
cancellation or a refund from your bank or card issuer due to unauthorized
or fraudulent use, the company can, at its discretion prevent further
unauthorized use, by blocking your account and card from use at all websites.
The occurrence of a chargeback will result in immediate termination of this
agreement. The company reserves the right to charge you reasonable fees to
recover its expenses on account of chargebacks.
12. Fraud warning
12.1 Payment for the
services provided to you at and/or through the website may be made by
automatic credit card or debit card and you hereby authorize the company 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
the website, or as unauthorized any charge by the website, 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 the website, or any fraudulent reporting of
an unauthorized charge to the website 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 the website
remains outstanding at the time of such fraudulent reporting, you shall be
liable to the company 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.
13. Transfer of memberships
13.1 Memberships are
non-transferable. You may not release your username and password to any
other person. Membership information is strictly confidential. If such
unauthorized transfer occurs, the company reserves the right to immediately
suspend or terminate this Agreement.
14. Content download license
14.1 After you have become
a member to the website, you are hereby authorized a single license to
download, copy, or print material found on the site. This license shall be
granted for sole use via one computer. All memberships are provided for
personal use and shall not be used for any commercial purposes or by any
commercial entities. Commercial use of either the website or any material
found within is strictly prohibited. No material within the site may be
transferred to any other person or entity, whether commercial or
non-commercial. In addition, materials may not be modified, or altered.
Materials may not be displayed publicly, or used for any rental, sale, or
display. Materials shall extend to copyright, trademarks, or other
proprietary notices there from. The company and the website reserve the
right to terminate this license at any time if the terms of this agreement
are breached. In the case that the terms are breached, you will be required
to immediately destroy any information or material printed, downloaded or
otherwise copied from the site.
15. Changes to website
15.1 The website reserves
the right to alter or delete material from the site at any time without
notification.
16. Availability
16.1 The website does not
guarantee or warrant the compatibility of your equipment, computer or
software, including but not limited to, the type of computer, computer
configuration, browser software, other software, Internet account, TCP/IP,
Winsock or online service. The website is not responsible for any
interruption in service or inability to access the website due to technical
difficulties or failure of the Internet, World Wide Web, phone lines,
switching or any other causes beyond its control.
17. Advertising warning
17.1 The website does not
screen or endorse advertisements or communications submitted to it by
third-party licensees, advertisers, or visitors for electronic
dissemination through the website. You are advised to use your own judgment
to evaluate all advertisements and other communications available at or
through the use of the website prior to purchasing goods and/or services
described therein or otherwise responding to any communication at the
website.
18. Indemnification
18.1 You agree to
indemnify and hold harmless the company and the website from and against
any claims, losses, liabilities, actions, suits or other expenses
(including reasonable attorney's fees) arising out of a breach by you of
any of your covenants, representations or warranties contained herein. Your
representations and warranties include:
- you are at least 18 years of age (or the legal age in your jurisdiction);
- you understand that the Service includes graphic depictions of sexually
explicit materials and you freely and voluntarily choose to gain access to
and view these materials;
- you have never informed law enforcement, the U.S. Postal Service or other
governmental agency that you do not desire to obtain or receive sexually
explicit materials;
- your personal and credit card information, provided to the company in
connection with your trial and/or membership subscription is true and
accurate in all respects and you will promptly notify the company of any
changes in that information;
- you will not permit any other person or entity to have access to your
password or ID and you will at no time authorize, permit or assist any
other person, including but not limited to persons who are minors, access
to the Service.
19. No warranties
19.1 THE SERVICE IS
PROVIDED ON AN “AS IS” BASIS. THE COMPANY GRANTS NO WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OTHER THAN THOSE WHICH
ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION
UNDER APPLICABLE LAW. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN
BY THE COMPANY, EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE
THE SCOPE OF THIS PARAGRAPH. THE COMPANY IS NOT RESPONSIBLE TO YOU FOR ANY
DELAY IN TRANSMISSION OF CONTENT OR WEBSITE DOWNTIME. You are
responsible for having and maintaining the personal computer equipment and
Internet access necessary to make use of the Service.
20. Severability
20.1 If any provision of
this Agreement shall be held to be invalid or unenforceable for any reason,
the remaining provisions shall continue to be valid and enforceable. If a
court finds that any of this Agreement is invalid or unenforceable, but
that by limiting such provision it would become valid or enforceable, then
such provision shall be deemed to be written, construed, and enforced as so
limited.
21. Limitation of Liability
21.1 IN NO EVENT SHALL THE
COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON FOR LOSS OF BUSINESS OR PROFITS
OR FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE
USE OF, OR INABILITY TO USE, THE SERVICE OR THE CONTENTS THEREOF, EVEN IF
THE COMPANY WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR
FOR ANY OTHER CLAIM BY YOU OR BY ANY OTHER PERSON. YOUR SOLE AND EXCLUSIVE
REMEDY IN THE EVENT OF A BREACH OF THIS AGREEMENT BY COMPANY IS A REFUND OF
NO MORE THAN ONE MONTH'S MEMBERSHIP FEE. The 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 the website.
22. Modification General recommendations
22.1 We recommend to print
out all transaction data and the Terms of Service and Conditions of the
Membership and to keep them at an easily accessible place.
23. Must agree
23.1 You acknowledge,
represent and warrant that you have read these terms and conditions and
agree to be bound by them as part of and in consideration of the membership.
QUESTIONS & CUSTOMER SERVICE
All communication in regards to the website, access, content, questions
should be made through the customer service site - mailto:service@4hotstuff.com
- THIS IS AN EMAIL ADDRESS.
Billing support and cancellation requests should be done through billing
support: mailto:billing@4hotstuff.com
This Agreement is governed by the laws of California for contracts made and wholly
performed in this state in the USA.
The Agreement shall be
governed pursuant to the laws of California.
If you have questions or comments please contact us.
This agreement has been updated on: Monday, July 2,
2007
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