Terms and Conditions
YOU AGREE TO BE BOUND BY THE Tropixxx Video Terms and Conditions by using the
Tropixxx Video Web Site. Tropixxx Video is a world wide web site owned and
operated by Tropixxx Video. By accessing any areas of this site, users ("Users")
agree to be legally bound and to abide by the terms and conditions set forth
herein (the "Terms and Conditions"). User hereby affirms and warrants that User
is currently over the age of eighteen years (21 in some areas) and is capable of
lawfully entering into this agreement. By electronically submitting an order via
the this web site, User is agreeing to be bound by all of Tropixxx Video's then
current terms and conditions related to the purchase or rental of Tropixxx Video
products. User's Tropixxx Video order will not be confirmed or processed unless
User consents to be bound by the Terms and Conditions. The Terms and Conditions
shall be governed and interpreted by the laws of the State of California,
without regard to conflicts of law principles.
Access and Membership:
By subscribing to this adult service ("Tropixxx Video"), I ("Subscriber") agree
to be bound by all the terms and conditions set forth in this agreement (the
"Agreement"). The parties to this Agreement are myself (the Subscriber) and
Tropixxx Video. This Agreement is subject to change by Tropixxx Video at any
time, and changes are effective upon notice to the Subscriber.
In order for me to become a member, I must be at least 18 years of age or older
(21 or older in some areas). I certify that I am 18/21 years of age or older (21
in some areas) and are capable of lawfully entering into this agreement.
Tropixxx Video reserves the right to reject submission deemed to be in violation
of these Terms and Conditions, or any incomplete or illegal submission.
Processing and delivery times may in practice limit the number of movies
Subscriber can rent each month but shall not entitle Subscriber to a refund of
any portion of the monthly subscription fee.
Indemnity :
User agrees to be personally liable and fully indemnify Tropixxx Video for any
and all damages directly, indirectly and/or consequentially resulting from any
attempted or actual unauthorized downloading or other duplication of materials
from Tropixxx Video, 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
this adult service 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).
Membership Dues:
Membership dues are non-refundable. Members may cancel their memberships at any
time online by going to the cancellation page.
Some or all of the following fees and charges may be incurred by you: a.
Membership Dues (subscription fees). You are responsible for paying periodic
Membership Dues according to the then-current billing terms.
Automatic Renewal:
If a movie is not returned, reported as lost or damaged for any reason the customer will be charged the retail price for each movie.
There is a $6.95 on time charge account setup fee in addition to the price of the plan you chose. This $6.95 charge is one time fee.
Subscription fees are automatically renewed, and therefore automatically charged
to a credit card or debited from a checking account, at the end of the original
term selected, unless proper notice is received from the Subscriber at least
seven (7) days prior to renewal. b. Full payments for all goods and services
ordered at, through and/or from this adult service and its licensees.
No refunds for partial months of use will be credited.
Billing:
Subscriber will be billed a flat fee including taxes, if applicable, once a
month and Subscriber may cancel at any time.
Subscriber's membership fees includes ALL postage and handling charges.
Any applicable sales tax will be added to Subscriber's monthly membership fee.
Plans:
Subcriber may change plans at any time.
Upgrades in plans will only result in billing the difference of the plans.
Downgrades in plans will affect the next billing cycle. No refunds for partial
months of use will be credited.
Future billing cycles will be billed at the new rate.
Cancellations:
Subscriber may cancel online anytime.
To cancel online, you must be logged in. Visit the "My Account" page and click
on the "Cancel my Membership" link.
Cancellations take effect immediately. No refunds or credits will be given for
partial months of use.
All rented movies must be returned to Tropixxx Video within 1 week of
cancellation.
After Cancellation any unreturned rentals will be subject to standard Tropixxx
Video restocking fees based on the Manufacturer's Suggested Retail Price for the
disc.
Special Offers and Invitations
Invitations and special offers are available only for first-time Tropixxx Video
customers, unless stated otherwise on the offer.
Each promotion code is limited to one per household and cannot be combined with
any other offer(s).
Offers are valid only in the United States and its Territories, are not
transferable and are void where taxed or otherwise prohibited by law.
Once redeemed, all promotional offers are final and are not eligible for refund
or return.
Miscellaneous:
Users may not use Tropixxx Video to send unsolicited advertising, promotional
material, or other forms of solicitation to other Users except in those
specified areas that are designated for such a purpose. It is a crime to use a
false name or a known invalid credit card to order. Anyone caught willfully
entering an erroneous or fictitious order will be prosecuted. Each electronic
entry carries the computer coding of the internet provider through which the
individual User can be traced.
By using this site, I assent to the following: "I agree to be personally liable
and fully indemnify Tropixxx Video for any and all damages directly, indirectly
and/or consequentially resulting from my attempted or actual unauthorized
downloading or other duplication of materials from this web site, 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 this web site, 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)."
Copyrights:
All web site design, text, and the selection and arrangement thereof, Copyright
©-2001, Tropixxx Video. ALL RIGHTS RESERVED. Any other use of materials on this
web site--including reproduction for purposes of modification, distribution, or
republication--without the prior written permission of Tropixxx Video is
strictly prohibited.
Disclaimers:
Tropixxx Video IS PROVIDING THIS SITE AND ITS CONTENTS "AS IS" AND MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS
CONTENTS. Tropixxx Video DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES,
INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NONINFRINGEMENT. IN ADDITION, Tropixxx Video DOES NOT REPRESENT OR
WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR
CURRENT. Price and availability information is subject to change without notice.
IN NO EVENT SHALL Tropixxx Video BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT
OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM
LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF
DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE
USE OR PERFORMANCE OF THIS INFORMATION. Because some states do not allow the
exclusion or limitation of liability for consequential or incidental damages, in
such states liability is limited to the fullest extent permitted by law.
Content:
Proprietary Rights:
User acknowledges that this website contains information, data, software,
photographs, graphs, digital video discs, video compact discs, videos,
typefaces, graphics, music, sounds and other material (collectively "Content")
that are protected by copyrights, trademarks, trade secrets or other proprietary
rights, and that these rights are valid and protected in all forms, media and
technologies existing now or hereinafter developed. All Content is copyrighted
as a collective work under the U.S. Copyright laws and Tropixxx Video owns a
copyright in the selection, coordination, arrangement and enhancement of such
Content. User may not modify, remove, delete, augment, add to, publish,
transmit, participate in the transfer or sale of, create derivative works from
or in any way exploit, any of the Content, in whole or in part. If no specific
restrictions are displayed, User may make copies of select portions of the
Content, provided that the copies are made only for User's personal use and that
User maintains any notices contained in the Content, such as all copyright
notices, trademark legends or other proprietary rights notices. Except as
provided in the preceding sentence or as permitted by the fair use privilege
under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), User may not
upload, post, reproduce, or distribute in any way Content protected by
copyright, or other proprietary right, without obtaining permission of the owner
of the copyright or other propriety right. In addition to the foregoing, use of
any software Content shall be governed by the software license agreement
accompanying such software.
Our web site contains robot exclusion files, and you agree that you will not use
any robot, spider, other automatic device, or manual process to monitor or copy
our web pages or the content contained herein without our prior expressed
written permission. You agree that you will not use any device, software, or
routine to interfere or attempt to interfere with the proper working of the this
web site or any action being conducted on our site. You agree that you will not
take any action that imposes an unreasonable or disproportionately large load on
our infrastructure. Much of the information on our site is updated on a
real-time basis and is proprietary or is licensed to Tropixxx Video by our users
or third parties. You agree that you will not copy, reproduce, alter, modify,
create derivative works, or publicly display any content (except for Your
Information) from our web site without the prior expressed written permission of
Tropixxx Video or the appropriate third party.
ALL PERFORMERS IN ALL OF THE DVDS DISTRIBUTED BY Tropixxx Video ARE 18 YEARS OF
AGE OR OLDER. The records required by Section 2257 of Title 18, United States
Code, with respect to all the DVDs found on this web site and all graphical
materials associated therewith, are maintained by the respective Studios.
Third Party Content:
Tropixxx Video is a distributor and not a publisher of Content supplied by third
parties and Users. Tropixxx Video has no more editorial control over such
Content than does a public library or newsstand. Any opinions, advice,
statements, services, offers, or other information that constitutes part of
Content expressed or made available by third parties, including third party
content providers ("Providers"), merchants ("Merchants"), sponsors ("Sponsors"),
licensors, ("Licensors"), or any other User of this site are those of the
respective authors or distributors and not of Tropixxx Video or its affiliates,
or any of their respective officers, directors, employees or agents. Neither
Tropixxx Video or its affiliates or any of their respective officers, directors,
employees or agents nor any third-party, including any Provider, Merchant,
Sponsor, Licensor or any other User of Tropixxx Video guarantees the accuracy,
completeness, or usefulness of any Content, nor its merchantability or fitness
for any particular purpose. In many instances, the Content available through
Tropixxx Video represents the opinions and judgments of the respective Provider,
Merchant, Sponsor, Licensor or User not under contract with Tropixxx Video.
Tropixxx Video neither endorses nor is responsible for the accuracy or
reliability of any opinion, advice, or statement made on this website by anyone
other than authorized Tropixxx Video employees. Under no circumstances shall
Tropixxx Video or its affiliates, or any of their respective officers,
directors, employees or agents be liable for any loss or damage caused by a
User's reliance on information obtained through this web site. It is the
responsibility of User to evaluate the information, opinion, advice, or other
Content available through Tropixxx Video.
Export:
The U.S. export control laws regulate the export and re-export of technology
originating in the United States. This includes the electronic transmission of
information and software to foreign countries and to certain foreign nationals.
User agrees to abide by these laws and their regulations - including but not
limited to the Export Administration Act and the Arms Export Control Act and not
to transfer, by electronic transmission or otherwise, any Content derived from
this web site to either a foreign national or a foreign destination in violation
of such laws.
Tropixxx Video Online Rights:
Tropixxx Video may elect to electronically monitor the User submit areas and may
disclose any Content, records or electronic communication of any kind (i) to
satisfy any law, regulation or government request, (ii) if such disclosure is
necessary or appropriate to operate this web site, or (iii) to protect the
rights or property of Tropixxx Video, its Users, Sponsors, Providers, Licensors
or Merchants. Tropixxx Video is not responsible for screening, policing,
editing, or monitoring such Content. If notified of allegedly infringing,
defamatory, damaging, illegal or offensive Content, Tropixxx Video may
investigate the allegation and determine in its sole discretion whether to
remove or request the removal of such Content from this web site.
Tropixxx Video reserves the right to prohibit conduct, communication, or Content
which it deems in its sole discretion to be harmful to individual Users,
Tropixxx Video, the communities which make up Tropixxx Video, or any rights of
Tropixxx Video or any third party, or to violate any applicable law.
Notwithstanding the foregoing, neither Tropixxx Video nor its Providers,
Merchants, Sponsors, or Licensors can ensure prompt editing or removal of
questionable Content after online posting. Accordingly, neither Tropixxx Video
or its Affiliates, or any of their respective officers, directors, employees, or
Agents nor, Provider, Merchant, Sponsor or Licensor shall assume liability for
any action or inaction with respect to conduct, communication, or Content on
Tropixxx Video.
Termination of Usage:
Tropixxx Video may terminate User access, or suspend any User's access to all or
part of Tropixxx Video, without notice, for any conduct that Tropixxx Video, in
its sole discretion, believes is in violation of any applicable law or is
harmful to the interests of another User, a third-party Provider, a Merchant, a
Sponsor, a Licensor, a service provider or Tropixxx Video.
You must agree to these terms and conditions before you can become a member of
this site.
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