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TERMS AND CONDITIONS OF USE

ADULTBOUNCER.COM

 

Before you are authorized to visit or access materials at the AdultBouncer website (sometimes referred to herein as the “website”), you are required to read and accept the following Terms and Conditions of Use (the “Agreement”). PLEASE TAKE CARE TO CAREFULLY READ AND UNDERSTAND EACH AND EVERY PROVISION CONTAINED IN THIS AGREEMENT PRIOR TO DETERMINING WHETHER YOU AGREE TO PROCEED INTO THIS WEBSITE.
1.   This Agreement is made and entered into by and between 1433965 Ontario Inc., a corporation organized and existing under the laws of Canada, Ontario, ("1433965 Ontario Inc.") and you, a visitor to AdultBouncer, a wholly owned service of 1433965 Ontario Inc. ("YOU"). For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by You and1433965 Ontario Inc., and by further accessing or otherwise taking advantage of the services and materials provided by AdultBouncer, You agree to be bound by all the terms and conditions set forth herein. Subject to the provisions set forth in this Agreement, 1433965 Ontario Inc.grants You a non-exclusive, but wholly revocable license, to access to the web site. This Agreement is subject to change by 1433965 Ontario Inc. without notice and at any time, and changes are effective upon notice to You by posting notice of changes at [link] or by e-mail or via hyperlink to ADULTBOUNCER.COM.
2.   ALL TEXT, IMAGES, GRAPHICS, MESSAGES AND COMMUNICATIONS, FOUND IN AdultBouncer (COLLECTIVELY REFERRED TO HEREIN AS "CONTENT") ARE ONLY AUTHORIZED FOR DISTRIBUTION EXCLUSIVELY TO PERSONS OVER EIGHTEEN (18) YEARS OF AGE WHO ACCESS THE WEBSITE IN LOCATIONS WHERE SUCH CONTENT DOES NOT INFRINGE UPON OR VIOLATE ANY LOCAL STANDARD OF DECENCY OR ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES OR ANY OTHER COUNTRY. NO PERSON WHO IS UNDER THE AGE OF EIGHTEEN (18) YEARS MAY DIRECTLY OR INDIRECTLY VIEW, DOWNLOAD OR POSSESS ANY OF THE CONTENTS OF AdultBouncer.  You are responsible for knowing and understanding the standard of decency and other laws ad regulations in place in your community concerning adult-oriented content, and 1433965 Ontario Inc. in no way represents or warrants that the content contained in AdultBouncer is compliant with your local laws. 
3.   YOU HEREBY ACKNOWLEDGE AND AGREE THAT CONTENT CONTAINED IN AdultBouncer REFLECTS EXPLICIT DEPICTIONS OF NUDITY AND SITUATIONS OF AN EXPLICIT SEXUAL NATURE, THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND, AND THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS.  IF YOU ARE, OR MAY BE, SO OFFENDED, YOU ARE STRONGLY ADVISED TO REFRAIN FROM ACCESSING THE WEBSITE.
4.   SHOULD YOU ACCESS THE WEBSITE ON THE BASIS OF A ONE MONTH MEMBERSHIP, BE ADVISED THAT ALL ONE MONTH MEMBERSHIPS WILL AUTOMATICALLY BECOME REGULAR MONTHLY MEMBERSHIPS AT THE END OF THE ONE MONTH MEMBERSHIP PERIOD UNLESS THE USER CANCELS THEIR MEMBERSHIP BY USING OUR ONLINE TOOLS OR BY EMAILING support@adultbouncer.com WITH THEIR USERNAME AND SUBSCRIPTION ID NUMBER.  SUBSCRIPTIONS ARE RECURRING SUBSCRIPTIONS MEANING THAT YOU WILL AUTOMATICALLY BE BILLED MONTHLY UNTIL YOU CANCEL  YOUR MEMBERSHIP.  MEMBERSHIP FEES ARE NON REFUNDABLE AND WE WILL PERSUE BY COLLECTION AGENCIES ANY SUBSCRIBER KNOWINGLY DEFRAUDING THE SYSTEM BY CREDIT CARD CHARGEBACKS OR REFUNDS.
5.   All content contained in AdultBouncer is protected under the laws of copyright, owned or under license to webmasters of AdultBouncer .or its designees, and represents proprietary and valuable intellectual property.  You cannot, under any circumstances, access, view, download, receive and make use of said Content except as specifically and in writing authorized by1433965 Ontario Inc.. You shall at no time access, view, download, receive or otherwise use, or cause or enable any other person or entity to access, view, download, receive or make use of any portion of said Content, directly or indirectly in places where 1433965 Ontario Inc. does not authorize such access, viewing, downloading, receipt or other use, including but not limited to “Restricted Areas.”  As used herein, “Restricted Areas” means the following geographical areas:  Any nation, state or province or portion thereof where the access, viewing, downloading or any other use of the Content would, or could reasonably, be a violation of any civil or criminal law, governmental regulation or court decision.
6.   Upon becoming a member of AdultBouncer, 1433965 Ontario Inc. will provide You with a unique ID and password which allows access to the websites.  The ID and password are, and shall remain, the sole and exclusive property of1433965 Ontario Inc., and are issued to You in the form of a revocable license, not to be considered as a single user license.  The ID and password are confidential and proprietary material of1433965 Ontario Inc..  You have a strict obligation to keep the ID and password confidential. Should the confidentiality of either Your ID or password become, or You have reason to believe that either may have become, compromised or learned by a person other than You, You must immediately so inform 1433965 Ontario Inc. via e-mail. Remember your ID and password, because 1433965 Ontario Inc. will not release that information to anyone, including you, for any reason. 
7.   If the address or any other information pertaining to your credit card is changed for any reason, or if your credit card is lost or stolen, or if your ID or password may have become compromised, you must immediately inform 1433965 Ontario Inc. via e-mail.  Your failure to do so is a material breach of this Agreement, and, in the event of your failure to so notify 1433965 Ontario Inc., 1433965 Ontario Inc. disclaims any and all responsibility for charges posted to a lost or stolen credit card. 
8.   You agree to indemnify and hold harmless 1433965 Ontario Inc. and any of its employees or agents from and against any and all liabilities, claims, damages and costs (including attorney’s fees, government fines or forfeitures) arising from any breach or alleged breach by YOU of any covenant, representation or warranty made by You in this Agreement, including but not limited to attempted or actual unauthorized downloading, viewing, retransmission, duplication or other unauthorized use of any Content, or any disruption of the website caused directly or indirectly by You. 
9.   1433965 Ontario Inc. 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 1433965 Ontario Inc., ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS PARAGRAPH. 1433965 Ontario Inc. IS NOT RESPONSIBLE TO YOU FOR ANY DELAY IN TANSMISSION OF CONTENT OR WEBSITE DOWNTIME. 
10.  IN NO EVENT SHALL 1433965 Ontario Inc. 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, LolitaSchool OR THE CONTENTS THEREOF, EVEN IF 1433965 Ontario Inc. WAS PEVIOUSLY 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 1433965 Ontario Inc. IS A REFUND OF NO MORE THAN ONE MONTH’S MEMBERSHIP FEE. 
11.  Access to AdultBouncer may be terminated by You at any time, with or without cause. In such event, You agree to be personally liable for all charges incurred by You during or through the use of AdultBouncer until the expiration of your subscription period. You shall remain liable for such charges after termination of Your access rights to AdultBouncer  for any reason. Your access to AdultBouncer may also be terminated by 1433965 Ontario Inc. at any time, with or without cause.  In such event, You will be refunded any unused portion of your membership fee.
12.   1433965 Ontario Inc. does not screen or endorse advertisements or communications submitted to it by third-party licensees, advertisers, or visitors for electronic dissemination through AdultBouncer. You are advised to use your own judgment to evaluate all advertisements and other communications available at or through the use of AdultBouncer prior to purchasing goods and/or services described therein or otherwise responding to any communication at AdultBouncer.
13.   1433965 Ontario Inc. 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.
14.   Member further acknowledges and agrees that by applying for or accepting membership to AdultBouncer that these terms and conditions shall be construed under and pursuant to the laws of the State of Ontario and jurisdiction and venue for any action to enforce, interpret or otherwise dealing with these terms and conditions, AdultBouncer or any rights arising herefrom, shall be in Ontario, Canada. If any court of competent jurisdiction determines that any part or parts of these terms and conditions are invalid or void, then the remaining part or parts shall remain in full force and effect.
15. Applicant acknowledges and is aware that the use of the AdultBouncer Membership ID will permit the Applicant to access websites which, in the opinion of the website owner, may contain materials that are not suitable for minors including, but not limited to sexually explicit adult oriented materials, depictions and descriptions of graphic violence, death, mutilation, nudity, simulated or actual sexual acts, auto eroticism, homosexuality and hate speech (Collectively referred to as "Materials").
16. Applicant acknowledges and is aware that AdultBouncer provides age verification services and the issuance of adult access IDs and it does not sponsor, promote, endorse, produce, transmit, communicate or otherwise distribute any Materials.
17. Applicant represents and warrants that, in the event Applicant accesses any Materials, that it is lawful to receive and view said Materials in the jurisdiction in which Applicant resides, receives or views said Materials.
18 Except in response to legal process, AdultBouncer will not disclose, disseminate, sell, lease or transfer any private information provided to it by Applicant (or Member) to any third parties. Otherwise, all data, information, compilations, statistical analyses, profiles, membership history and transaction records are the sole and absolute property of AdultBouncer
19. Applicant represents and warrants that, in the event Applicant accesses any Materials, that Applicant will not use the Materials in any manner inconsistent with the intellectual property rights of the owner of the Materials.
20. Applicant is applying for membership to AdultBouncer for the purpose of accessing websites which may contain materials that are not suitable for minors and which may contain, among other things, sexually explicit, adult oriented materials. Applicant acknowledges and agrees that AdultBouncer does not make any warranties, representations or other assurances whatsoever, express or implied, including any warranty of merchantability or fitness for a particular purpose.
21. AdultBouncer does not guarantee or warrant the compatibility of the Member's equipment, computer or software, including but not limited to, the type of computer, computer configuration, browser software, other software, dial up account, TCP/IP, Winsock or online service. AdultBouncer is not responsible for any interruption in service or inability of Member to access participating websites due to technical difficulties or failure of the internet, world wide web, phone lines, switching or any other causes beyond its control.
22. Member assumes all risk and accepts all responsibility for any and all use of an AdultBouncer Membership, for access to any participating websites and for the use of any Materials or content (including programming, code, software, encryption, data or other information technology) obtained from any participating website.
23. Member agrees to indemnify and hold AdultBouncer harmless from any liability, damages, claims, actions or suits (including all costs and attorney's fees) arising in any way out of the Member's use of an AdultBouncer Membership ID, the receipt, viewing, transmission or retransmission, or use of any Materials or content, or any violation of these terms and conditions.
24. Member acknowledges, represents and warrants that he/she has read these terms and conditions and agrees to be bound by them as part of and in consideration of the AdultBouncer membership.