MEMBERSHIP AGREEMENT
As used herein, subscriber
shall be referred to as "Subscriber" or "you" and hula.tv as "hula.tv"
or "we." This Agreement will take effect when a user ID and password is
issued to Subscriber by hula.tv . Accordingly, all charges for the
Service shall commence upon issuance of the user ID and password to
Subscriber.
1.Compliance with Laws and Community
Standards.
You are familiar with and understand the standards and
laws of the community in which you live regarding sexually oriented media.
You represent that, based on your familiarity with these standards and
laws of your community, by requesting and receiving any of the adult
material on hula.tv, you will not be violating any of these standards
and/or laws. You understand that by accepting the terms of this Agreement,
you will hold hula.tv harmless from and against any responsibilities
related to your requesting, receiving or possessing materials contained on
its website.
2.Agreement to View Adult Material.
This
website is designed and intended SOLELY for ADULTS - people who are at
least 18 years old (or the legal age of majority in the jurisdiction in
which you reside)-- who are interested in and wish to have access to
visual images, verbal descriptions and audio sounds of a sexually
oriented, frankly erotic nature. The materials which are available within
this website may include graphic visual depictions and descriptions of
nudity and sexual activity and should NOT be accessed by anyone who is
younger than 18 years old (or the age of legal majority in the
jurisdiction in which you reside) or who does not wish to be exposed to
such materials. By purchasing a Membership you are making and agreeing to
the following statements: "Under penalty of perjury, I swear/affirm that
as of this moment, I am an adult, at least 18 years of age (or the age of
legal majority in the jurisdiction in which I reside)." "I promise that I
will not permit any person(s) under 18 years of age (or the age of legal
majority in the jurisdiction in which I reside) to have access to any of
the materials contained within this website." "I understand that when I
gain access to this website, I will be exposed to visual images, verbal
descriptions and audio sounds of a sexually oriented, frankly erotic
nature, which may include graphic visual depictions and descriptions of
nudity and sexual activity. I am voluntarily choosing to do so, because I
want to view, read and/or hear the various materials which are available,
for my own personal enjoyment, information and/or education. My choice is
a manifestation of my interest in sexual matters, which is both healthy
and normal and, which, in my experience, is generally shared by average
adults in my community. I am familiar with the standards in my community
regarding the acceptance of such sexually oriented materials, and the
materials I expect to encounter are within those standards. In my
judgment, the average adult in my community accepts the consumption of
such materials by willing adults in circumstances such as this which offer
reasonable and sufficient insulation from the materials for minors and
unwilling adults, and will not find such materials to appeal to a prurient
interest or to be patently offensive."
3.Membership
Fees.
You will be billed a membership fee in accordance with the
designated schedule to gain access to this website for usage of the
services, information and products offered by the hula.tv website (the
"Service" or "Services"). You understand your credit card will
automatically be billed each month for the current membership fee until
you request cancellation of your membership. All sales are final.
4.Right to Change Pricing, Content and Terms &
Conditions.
You agree that hula.tv has the right to change all
pricing, website content and these Terms & Conditions at any time. You
should check the Terms & Conditions and pricing periodically for
changes. Your continued use of the hula.tv website following the posting
of any changes shall be deemed as your acceptance of such change(s).
5.Termination or Suspension of Service by
hula.tv.
hula.tv reserves the right, in its sole discretion, to
terminate and/or suspend the Service to you or any person without prior
notice and for any reason, including, without limitation, if hula.tv.com
believes that you have violated or acted inconsistently with the letter
and spirit of these Terms & Conditions. You acknowledge and agree that
hula.tv shall not be liable to you or any third party for any termination
or suspension of your access to this website.
6.Cancellation of
Service by Subscriber.
If you desire to cancel your membership,
please send a customer care representative a Cancellation Request Form at
least one week prior to the date of expiration of your account.
7.Disclaimer of Warranties.
You understand and agree
that no warranty is made by hula.tv regarding the Service, and hula.tv
hereby expressly disclaims: (1) any and all warranties as to the
availability, accuracy or content of available through the Service; and
(2) any warranties of merchantability or fitness for a particular purpose.
You further understand and agree that any liability of hula.tv, its
officers, directors, employees, agents or independent contractors,
including without limitation any liability for damages caused or allegedly
caused by any failure of performance, error, omission, interruption,
deletion, defect, delay in destruction, alteration, or use of (or
unauthorized access to) records, whether for breach of contract, breach of
warranty, negligence or other tortious behavior, shall be strictly limited
to the amount paid to hula.tv by or on behalf of the claimant for Service
membership fees for the month in which the claimed injury or damage
occurred. Under no circumstances will hula.tv or its officers, directors,
employees, agents or independent contractors be liable for any direct,
indirect, punitive, incidental, special, or consequential damages that
result from the use of, or inability to use, the hula.tv website.
8.Computer System Requirements.
You are responsible for
providing all personal computer and telecommunications equipment and
Internet access necessary to gain access to the website and Services. In
the event that you are not able to fully utilize the Service (i.e. due to
difficulty downloading images etc.), and said failure is the result of
poor performance of your computer system or Internet Service Provider, you
shall not be entitled to any refunds of any amounts paid for the Service.
9.User ID and Password.
Access to and use of the Service
is through a combination of your user ID and password. Each Subscriber
must keep his or her password strictly confidential. For security reasons,
hula.tv will not release passwords for any reason. Unauthorized access to
the Service is a breach of this Agreement and a violation of law.
10.Truthfulness of Information Provided.
You hereby
represent and warrant that any and all information provided in subscribing
for the Service is complete, truthful and accurate. Subscribership may not
be assigned or transferred to any other person or entity. You must
promptly inform hula.tv of the following: changes in the expiration date
of any credit card used in connection with the Service; 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. hula.tv shall not
be liable for any losses or damages incurred by you as a result of
unauthorized use of the Service. Upon request, you will be given access to
billing records that support charges for use of the Service.
11.Prohibited Actions.
You shall not engage in the
following actions, which are strictly prohibited: (1) any action that is
designed to crack the anti-copy code of any data owned or held by
hula.tv, (2) the use of material on the Service for any use other than
your private, personal use, (3) any action that causes or results in any
losses or damages to hula.tv or any third party, (4) any action that
violates the standards and laws of the community in which you live
regarding sexually-oriented media, (5) any action that obstructs the
normal utilization of Internet connections to the public, and (6) any
other action which is determined to be improper by hula.tv.
12.Indemnification.
You agree to indemnify and hold
hula.tv and its affiliates, and their respective officers, directors,
agents, partners, contractors and employees harmless from and against any
and all claims, expenses, and demands, including attorneys' fees, made by
any third party due to, arising out of, or asserted in connection with
your use or misuse of this website. hula.tv reserves the right to have
control of any defense and control of any matter otherwise subject to
indemnification by you. You agree to cooperate with hula.tv in asserting
available defenses.
13.Prohibition Against
Copying.
Except for public domain material and electronic messages,
all material displayed on the Service is copyrighted and may not be
copied, redistributed or downloaded, in whole or in part, without the
prior written consent of hula.tv, unless otherwise clearly stated in this
Agreement.
14.Private Use.
The material on the Service
is for the private, non-commercial enjoyment of Subscribers only. Any
other use is strictly prohibited.
15.NOTICES.
Notices
from hula.tv to Subscribers may be given by means of email, by general
posting on hula.tv, or by U.S. mail, which may include, but may not
limited to, promotions, special offers, and other information about
hula.tv and/or any other website(s) or business(s) affiliated with
hula.tv. Furthermore you hereby acknowledge and accept that by submitting
a request for membership to hula.tv, whether the submission is successful
or unsuccessful, that you are subject to receiving such Notices from
hula.tv, and/or any other website(s) or business(s) affiliated with
hula.tv. Communications from You to the Company may be made by email,
U.S. mail or telephone.
16.This Agreement
This Agreement
contains the entire agreement between the Subscriber and hula.tv
regarding the use of the Service, and supersedes all prior written and
oral understandings and writings, and may only be amended upon notice by
hula.tv to Subscribers. Unless otherwise explicitly stated, the
provisions of this Agreement shall survive its terminations. The Agreement
shall be governed by the laws of the State of California.