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Terms Of Service
Extreme Freaks is an online subscription service (the
"Service") owned and operated by Urban Legends Video LLC.
("UL Video"). Please carefully read and understand these
Terms and Conditions prior to becoming a subscriber to the
Service, as they constitute a binding legal agreement (the
"Agreement") by and between UL Video and persons who elect
to become subscribers to the Service (the "Subscribers").
1. As a Subscriber to the Service, you agree to be bound by
each and every provision contained in this Agreement (the
"Agreement"). This Agreement may be modified or amended by
UL Video at any time, and changes are effective upon notice
to each Subscriber. Notices by UL Video to Subscribers may
be given via electronic messages through the Service, a
posting on the Service, or by mail.
2. Subscribers will be charged a subscription fee for the
Service, in accordance with UL Video's then-current billing
terms.
3. Until such time as this Agreement is terminated in
accordance with its provisions, Subscriber agrees to pay
his/her/its subscription fee by credit card (or other
approved facility or mechanism), and hereby authorizes UL
Video to charge Subscriber's credit card (or other approved
facility or mechanism) for the ongoing subscription fee, and
for any and all purchases or products and/or services
purchased by Subscriber from the Service. Subscribers using
our ACH or Online check payment system also acknowledge that
if payment is returned unpaid for “NSF” or “Insufficient
Funds”, the Customer is responsible for the unpaid
transaction, plus a “Returned Item Fee” of $25.00 or the
Maximum allowed by law will be electronically debited from
the Customers bank account.
4. Subscriber agrees to immediately inform UL Video of any
of the following changes in his/her/its credit card account:
Card loss or theft, or unauthorized usage of the card;
apparent breach of security of Subscriber ID or password,
such that unauthorized access to the Service via the card is
possible. Unless Subscriber gives proper notice to UL Video
of same, Subscriber will remain liable to UL Video for any
and all charges for unauthorized use of the Service.
5. Subscription to the Service will be automatically renewed
for the original term upon expiration of such term.
3 DAY trial memberships will renew to a full membership,
($34.95) 72 hours after signup.
Cancellation for trail and full membership may ONLY be
accomplished by canceling the membership via the normal
cancellation method at the applicable billing companies
online cancellation page. This service is available 24 hours
a day, seven days a week. Upon cancellation of your account,
you will receive a Cancellation Confirmation Number for your
records.
6. Trial Subscribers acknowledge that Trial subscriptions
may not necessarily entitle full, unrestricted access to the
website. Special Features, and Member's Events will be
restricted to full members only. Trial Subscribers must wait
until the account re-bills to a Full Monthly Membership
before these special features become available.
7. UL Video has no responsibility for supplying Subscribers
with computer equipment or communications connections
necessary to access the Service. Subscribers are solely
responsible for these items.
8. Upon becoming a Subscriber to the Service, UL Video will
provide the Subscriber with a unique ID and password which
allows access to the Service. The ID and password is issued
by UL Video in the form of a revocable license and remain
the property of UL Video and constitute proprietary
information and are the property of UL Video. IDs and
passwords are non- transferable. Each Subscriber must keep
his password strictly confidential. Remember your password!
For security reasons, UL Video will not release passwords
for any reason, except as may be specifically required by
law or court order. Transfer of any ID or password to
another person or entity, or allowing any person or entity
other than the Subscriber to access the Service via such
Subscriber's ID and password is strictly prohibited, and is
a breach of this Agreement and a violation of law. Each
account (username) is limit to no more than 10 logins a day
over a 24 over hour period. The said period lasts from 12:00
midnight EST to 12:00 midnight EST
9. Subscriber hereby swears and affirms under oath, warrants
and represents that he/she is at least eighteen (18) years
of age (21 in some jurisdictions) and has the legal capacity
to enter into agreements of this nature. UL Video makes no
representation or warranty that the content published on the
applicable website 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 the applicable website, 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.
10. Under no circumstances, including, but not limited to,
negligence, shall UL Video or any of its related, affiliated
companies be liable for any direct, indirect, incidental,
special, consequential or punitive damages that result from
the use of, or the inability to use the Service. Subscriber
specifically acknowledges and agrees that UL Video is not
liable for any defamatory, offensive or illegal conduct of
any user, or for 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 under contract or tort theory, or under
any other cause of action, for any amount over and above the
amount paid by Subscriber to UL Video for the preceding
twelve (12) months.
11. UL Video MAKES NO WARRANTIES OR REPRESENTATIONS AS TO
THE INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN
CONNECTION WITH THE SERVICE. SUBSCRIBER'S USE OF THE SERVICE
IS AT HIS/HER OWN RISK. UL Video, NOR ANY PARTY INVOLVED IN
CREATING, PRODUCING, OR DELIVERING THE SERVER OR CONTENT, IS
LIABLE FOR ANY DIRECT INCIDENTAL, CONSEQUENTIAL, INDIRECT,
OR PUNITIVE DAMAGES ARISING FROM YOUR ACCESS TO, USE OF, OR
INTERPRETATION OF, THE SERVICE OR PRODUCTS OR SERVICES OR
INFORMATION PROVIDED BY OR THROUGH THE SERVICE. WITHOUT
LIMITING THE FOREGOING, UL Video MAKES NO WARRANTY OF
MERCHANTABILITY, FITNESS FOR ANY PURPOSE, OR NON- RESULTS OF
THE USE OF THE CONTENT IN TERMS OF THEIR CORRECTNESS,
ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
12. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR
ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF
IMPLIED WARRANTIES.
13. Subscriber agrees to indemnify and hold harmless UL
Video, the applicable websites, their officers, directors,
managers, members, agents and employees from any against any
claims, losses, liabilities or expenses (including
reasonable attorneys' fees) arising out of Subscriber's
breach of any term, condition or promise contained herein.
Should any such claim for indemnification arise, or should
any action be brought by Subscriber or UL Video relating to
any services or products offered by or through the Service,
Subscriber agrees to submit to the personal jurisdiction of
the courts of the State of Ohio. Should any such claim for
indemnification arise, or should any action be brought by
subscriber or UL Video.com relating to any services or
products offered by or through the Service, except those
claims or actions relating to those products and services
covered in paragraphs 13a., and 13b. below, Subscriber
agrees to submit to the personal jurisdiction of the courts
of the state of Michigan.
13a. If a claim or cause of action arises due to the failure
by subscriber to pay for product or service or if a claim or
cause of action for insufficient funds or fees due as a
result of insufficient funds arises, UL Video.com or the UL
Video.com agent(s), authorized to process and/or collect
funds or assignees or attorneys on behalf of UL Video.com,
may at their option, bring said claim or cause of action in
any State or Federal Court sitting in New York, and
SUBSCRIBER AGREES AND SUBMITS TO THE PERSONAL JURISDICTION
OF THE SAID COURTS and WAIVES TRIAL BY JURY.
13b. All claims or causes of action arising due to the
failure by subscriber to pay for product or services or any
claim or cause of action for insufficient funds or fees due
as a result of insufficient funds shall be GOVERNED BY THE
LAWS OF THE STATE OF NEW YORK and the SUBSCRIBER WAIVES
PERSONAL SERVICE UPON THEM, and agrees that SERVICE OF
PROCESS regarding these claims or causes of action shall be
accomplished VIA CERTIFIED MAIL at the address designated on
this agreement or on the agreement with the UL Video.com
agent(s) who is authorized to process payments and SHALL BE
DEEMED PERSONAL SERVICE.
14. Except for public domain material and electronic
messages, all material displayed on the Service is
copyrighted by UL Video, or is licensed under copyright by
UL Video, and may not be copied, redistributed, or
downloaded, in whole or in part, without the prior written
consent of UL Video.
15. The Service is for the private, non- commercial
enjoyment of Subscribers only. Any other use is prohibited.
16. The Service enables Subscribers to share information
with other Subscribers. Subscribers agree not to submit,
publish, or display on the Service any defamatory,
inaccurate, abusive, threatening, racially offensive, or
illegal material. Transmission of such material that
violates any federal, state, or local law, is prohibited and
is a breach of this Agreement.
17. Subscribers agree not to engage in advertising to, or
solicitation of other Subscribers to buy or sell any
products or services through the Service without prior
written consent. Subscribers are responsible for information
they send, or display through the Service even if a claim
should arise after termination of service.
18. There are no facilities provided by the Service for
sending or receiving private or confidential electronic
communications. All messages shall be deemed to be readily
accessible to the general public. Do not use the Service for
any communication for which the sender intends only the
sender and the intended recipient(s) to read. Subscriber
hereby acknowledges and agrees that all messages entered
into this Service can and may be read by the operators of
the Service, whether or not they are the intended
recipient(s).
19. Notices by UL Video 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.
All questions, complaints, or notices to UL Video by means
of electronic message must be directed to
support@extremefreaks.com
All questions regarding new UL Video membership by means of
electronic message should be sent to
support@extremefreaks.com
20. This Agreement sets forth the full and complete
understanding between Subscriber and UL Video with respect
to its subject matter, and supersedes all prior
understanding or agreements, whether written or verbal. This
Agreement may be modified upon notice by UL Video to its
Subscribers. Unless contrary to law or otherwise stated,
each provision of this Agreement shall survive termination.
This Agreement shall be governed by, and construed in
accordance with, the laws of the State of Michigan for
contracts entered into and wholly performed within that
State. The prevailing party in any suit to enforce the terms
hereof shall be entitled to recover his/her/its reasonable
attorneys' fees.
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