TERMS AND CONDITIONS
OF MEMBERSHIP
You must read and
agree to these terms and conditions before you can become an active
member of ONLYTHAITEENS. Please read them carefully. By clicking the
i agree" button below, you are purchasing a subscription that will
allow you to access ONLYTHAITEENS (the "Service") subject to the terms,
conditions and disclaimers set forth herein, and you ("you" or "Subscriber")
agree to be bound by this agreement (the "Agreement") between you
and K3X Entertainment LLC. (the "Company"). This Agreement is subject
to change by the Company at any time, and changes are effective upon
posting at the Service or upon notice to you by e-mail or mail.
SUBSCRIPTIONS:If
you decide to terminate your subscription, you must do so AT LEAST
one day prior to the end of the Trial Period and you will not be charged
any further. If you do not cancel at least one day prior to the end
of the Period, you are agreeing to continue as a regular subscriber
upon the terms and conditions for regular subscriptions set forth
herein, and you authorize the Company to charge your credit card (or
other approved facility) at the then-current monthly rate on a recurring
basis until you request termination of your subscription according
to the terms hereof.
- For good and valuable
consideration, the sufficiency of which is acknowledged by you and
the Company, you hereby agree to become a subscriber to ONLYTHAITEENS,
and agree to be bound by all the terms and conditions set forth
in this agreement (the "Agreement"). The parties to this Agreement
are you, the Subscriber, and ONLYTHAITEENS. Subject to the terms
and conditions set forth in this Agreement, the Company agrees to
provide to you all the privileges of subscription to ONLYTHAITEENS
available to a Subscriber in good standing. This Agreement is subject
to change by Company at any time, and changes are effective upon
notice to the Subscriber by e-mail, posting at or via hyperlink
to ONLYTHAITEENS, or by mail.
- ALL MATERIALS,
INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED AT ONLYTHAITEENS
ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN
LOCATIONS WHERE THE MATERIALS, MESSAGES AND OTHER COMMUNICATIONS
CONTAINED AT ONLYTHAITEENS DO NOT VIOLATE ANY COMMUNITY STANDARDS
OR ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES
OR ANY OTHER COUNTRY. NO PERSONS UNDER THE AGE OF EIGHTEEN (18)
YEARS MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS
OF ONLYTHAITEENS OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED
AT OR IN ONLYTHAITEENS. YOU HEREBY ACKNOWLEDGE THAT MATERIALS PRESENTED
AT AND/OR DOWNLOADABLE FROM ONLYTHAITEENS INCLUDE EXPLICIT VISUAL,
AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND HETEROSEXUAL, BI-SEXUAL,
AND/OR TRANSEXUAL SITUATIONS OF A SEXUAL NATURE, THAT YOU ARE FAMILIAR
WITH MATERIALS OF THIS KIND, AND THAT YOU ARE NOT OFFENDED BY SUCH
MATERIALS.
YOU HEREBY
FURTHER AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE
OF EIGHTEEN YEARS AND ARE CAPABLE OF LAWFULLY ENTERING INTO THIS
AGREEMENT.
- I acknowledge
and agree that all materials contained at ONLYTHAITEENS are proprietary
and constitute valuable intellectual property. I acknowledge and
agree that as such, I may only access, view, download, receive and
otherwise use the materials available at ONLYTHAITEENS only as authorized
by the Company. I agree that I 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. I hereby acknowledge and agree
that no materials from any parts of ONLYTHAITEENS 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 or entity located in any and all areas prohibited
by law. I agree that any and all unauthorized access, viewing, downloading,
receipt, duplication or other use of materials from ONLYTHAITEENS,
in which I am directly or indirectly involved, including, but not
limited to accessing, viewing, downloading, receiving or other use
of materials in PROHIBITED AREAS in any manner shall constitute
intentional infringement(s) of ONLYTHAITEENS's and potentially other's
intellectual property rights and other rights in such materials
and shall further constitute a violation of ONLYTHAITEENS's trademark
and other rights, including, but not limited to, rights of privacy.
- I agree to be
personally liable and fully indemnify ONLYTHAITEENS for any and
all damages directly, indirectly and/or consequentially resulting
from my attempted or actual unauthorized downloading or other duplication
of materials from ONLYTHAITEENS alone, or with or under the authority
of, any other person(s), including, without limitation, any governmental
agency(ies), wherein such damages include, without limitation, all
direct and consequential damages directly or indirectly resulting
from unauthorized downloading of materials from ONLYTHAITEENS 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 Subscriber:
a. Subscription
Fees. The Subscriber is responsible for paying periodic subscription
fees according to the then-current billing terms. Subscription
fees are non-refundable; and you must be 18 years of age or older
to receive a membership to ONLYTHAITEENS. For your convenience
and satisfaction, all memberships will automatically renew upon
expiration unless your subscription is cancelled at least 24 hours
prior to expiration. The cost of renewal will not exceed monthly
membership costs at time of members' initial subscription. Cost
of renewal will not be affected by any increase in ONLYTHAITEENS
subscription rates. Subscription rates are as follows: Trial Membership:
$4.95. Regular monthly membership fees: $29.95. All membership
cancellations can take place by visiting our MEMBER SERVICES area.
b. Other fees
and/or charges for goods and services ordered at, through and/or
from ONLYTHAITEENS and its licensees.
- Subscriptions
may not be assigned or transferred to any other person or entity.
Subscriber must promptly inform Company of the following: changes
in the expiration date of any credit card used in connection with
ONLYTHAITEENS; 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 to ONLYTHAITEENS's Customer Service Department by visiting
our Member Services Area, during normal business hours of a breach
in security, the Subscriber will remain liable for any unauthorized
use of ONLYTHAITEENS. Upon request, Subscribers will be given access
to billing records that support charges for use of the ONLYTHAITEENS.
- Payment for the
services provided to you at and/or through ONLYTHAITEENS 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 ONLYTHAITEENS, or as
unauthorized any charge by ONLYTHAITEENS, 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 ONLYTHAITEENS or any fraudulent
reporting of an unauthorized charge to ONLYTHAITEENS 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 ONLYTHAITEENS remains outstanding at the time
of such fraudulent reporting, you shall be liable to ONLYTHAITEENS
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.
- Subscription
to ONLYTHAITEENS may be terminated at any time, and without cause,
by either Company or Subscriber upon notification of the other by
electronic or conventional mail, or by telephone. You agree to be
personally liable for all charges incurred by you during or through
the use of ONLYTHAITEENS. Your liability for such charges shall
continue after termination of your membership for any reason.
- Subscribers are
responsible for providing all personal computer and communications
equipment necessary to gain access to ONLYTHAITEENS. Access to and
use of ONLYTHAITEENS is through the use of a password. Each Subscriber
must keep his password strictly confidential. For security reasons,
ONLYTHAITEENS will not release passwords. Unauthorized access to
ONLYTHAITEENS is a breach of this Agreement and a violation of law.
- Subject to the
terms and conditions set forth herein, ONLYTHAITEENS 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 Subscriber
use of ONLYTHAITEENS which Company provides ("Materials") during
the period in which you are a current Subscriber 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 ONLYTHAITEENS,
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 ONLYTHAITEENS 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 editions
of ONLYTHAITEENS, and all Materials and other matter used directly
or indirectly in, at, by, through and/or with ONLYTHAITEENS 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 ONLYTHAITEENS 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 Subscriber
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 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 subscribers,
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 ONLYTHAITEENS.
- Company does
not screen or endorse advertisements or communications submitted
to ONLYTHAITEENS by third-party licensees, advertisers, or subscribers
for electronic dissemination through ONLYTHAITEENS. Subscribers
are therefore advised to use their own judgment to evaluate all
advertisements and other communications available at or through
the use of ONLYTHAITEENS prior to purchasing goods and/or services
described at ONLYTHAITEENS or otherwise responding to any communication
at ONLYTHAITEENS.
- 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 subscriber 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 ONLYTHAITEENS.
- No warranty is
made by Company regarding any information, services, Materials or
products provided through or in connection with the ONLYTHAITEENS,
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.
- "ONLYTHAITEENS"
is a service mark of ONLYTHAITEENS, INCORPORATED. All rights are
reserved.
- All materials
included at ONLYTHAITEENS are for the private use by Subscribers
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 Subscribers
to communicate with or otherwise share information with other Subscribers
or persons providing any kind or service to Subscribers, 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 ONLYTHAITEENS 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 ONLYTHAITEENS. You are solely responsible
for all information which you submit, publish, display, disseminate
or otherwise communicate through ONLYTHAITEENS 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 Subscribers who are authorized to access ONLYTHAITEENS
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 ONLYTHAITEENS can be read by the operators and/or other
agents of Company, whether or not they are the intended recipient(s).
- Notices from
ONLYTHAITEENS to Subscribers may be given by means of e-mail, by
general posting on ONLYTHAITEENS, or by conventional mail. Communications
from you to the Company may be made by e-mail, conventional mail
or telephone. All questions, complaints, or notices to ONLYTHAITEENS
may be sent in the following manner:
a.
by email to SUPPORT@ONLYTHAITEENS
or
b. by telephone
to ONLYTHAITEENS's Customer Service Department during normal
business hours to Cumtomer Support on Members Area inside.
- This Agreement
contains the entire agreement between the Subscriber and Company
regarding Subscribers' use of ONLYTHAITEENS, 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 as applied to agreements between California
state residents entered into and to be performed within the State
of California, except as governed by Federal law. 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 surviveits 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 FOR PAYMENT OF CHARGES
AND FEES FOR YOUR OBTAINING A SUBSCRIPTION TO ONLYTHAITEENS.
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 AGE OF 18 YEARS AND
UNDERSTAND THAT MATERIALS PRESENTED AT ASIAN EXTACY 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 18 YEARS OF AGE, OR ARE IN AN UNAUTHORIZED
DOWNLOADING LOCATION, SELECT THE "I DO NOT AGREE".
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