LEGAL NOTICE: YOUR AGREEMENT TO THE TERMS AND CONDITIONS OF THIS MEMBERSHIP AGREEMENT IS REQUIRED FOR YOU TO BECOME A MEMBER OF THIS WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU WILL NOT BE ACCEPTED AS A MEMBER AND YOU WILL NOT BE PERMITTED TO ACCESS OR VIEW THE CONTENT IN THE MEMBERS-ONLY PORTION OF THE WEBSITE.
PLEASE READ ALL THE PROVISIONS OF THIS MEMBERSHIP AGREEMENT CAREFULLY. YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS BY CLICKING THE “ENTER” BUTTON AT THE END OF THESE TERMS AND CONDITIONS WILL CONSTITUTE YOUR ACKNOWLEDGEMENT THAT THESE TERMS AND CONDITIONS CONSTITUTE A BINDING AND ENFORCEABLE AGREEMENT BETWEEN YOU AND THE WEBSITE.
1. PARTIES TO THIS AGREEMENT AND CONSIDERATION.
The parties to this Membership Agreement (the “Agreement”) for www.poppers4u.com and/or www.poppercash.com (the “Website”) are You, the Member, and TT DST LLC (the “Company“). As used in this Agreement, the terms “we,” and “us” are used interchangeably to refer to the Company and the Website; the term “You” and “Your” is used to refer to You, the Member.
1.1 Subject to Your acceptance of the terms and conditions set forth in this Agreement (as evidenced by your submission of an application for Membership and the payment of all required Membership fees), the Company agrees to provide to You all the privileges of Membership including access to the Members-only areas of the Website which are available to a Member in good standing.
1.2 You agree that this Agreement is subject to change by the Company at any time and changes shall become effective upon notice to Members by e-mail, posting at or via hyperlink to the Website, or by mail. You may not alter, delete, add or change or edit any of these terms and conditions, and any such attempted alteration shall be void and of no effect.
1.3 You agree any action on Your part to bookmark to a page on this Website whereby the Warning Page, and/or the Terms and Conditions of Members Page is bypassed shall constitute an implicit acceptance by You of all the Terms and Conditions set forth herein as well as an explicit acknowledgement by You of the fact that You are an adult and have achieved the Age of Majority. For the purposes of this Agreement, the term, “Age of Majority” shall be defined as eighteen (18) years of age (or older depending upon the laws of your state, province or country).
2. EXPLICIT MATERIAL.
ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED AT THE WEBSITE ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE THE MATERIALS, MESSAGES AND OTHER COMMUNICATIONS CONTAINED AT THE WEBSITE 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 MAJORITY MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF THE WEBSITE OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN THE WEBSITE.
2.1 YOU HEREBY ACKNOWLEDGE AND REPRESENT THAT YOU KNOW AND UNDERSTAND THAT THE MATERIALS PRESENTED AT, DOWNLOADABLE FROM, AND/OR ABLE TO BE PURCHASED FROM THE WEBSITE INCLUDE EXPLICIT PICTORIAL, VIDEO, AUDIO, AND/OR TEXTUAL DEPICTIONS OF SEXUAL ACTIVITIES; THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND; THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS; AND THAT BY AGREEING TO THESE TERMS AND CONDITIONS YOU ARE WARRANTING TO THE COMPANY THAT YOU ARE INTENTIONALLY AND KNOWINGLY SEEKING ACCESS TO SUCH EXPLICIT SEXUAL MATERIALS FOR YOUR OWN PERSONAL ENJOYMENT.
3. AGE OF MAJORITY.
NO PERSONS UNDER THE AGE OF MAJORITY MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE MATERIAL OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT, IN OR THROUGH THE WEBSITE.
3.1 YOU HEREBY FURTHER AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF MAJORITY AND ARE CAPABLE OF LAWFULLY ENTERING INTO AND EXECUTING THE TERMS OF THIS AGREEMENT.
4. GRANT OF LIMITED LICENSE WITH RESERVATIONS.
In consideration of the payment of Membership fees, together with certain representations and agreements made by You under the terms and conditions of this Agreement, and subject to the terms and conditions set forth in this Agreement, the Company hereby grants You a limited, nonexclusive and nontransferable license to use the materials contained in, or made available through this Website (hereafter “Materials”) solely for Your private personal non-commercial use, as provided by the Company during the period in which You are a Member in good standing.
4.1 You acknowledge and agree that all Materials contained at the Website are proprietary and constitute valuable intellectual property owned either by the Company or others who have licensed use of such Materials to the Company. You acknowledge and agree that as such You may access, view, download, receive and otherwise use the Materials available at the Website only as specifically authorized by the Company and 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 to You by the Website, You may make only a single copy of such Materials for Your own personal noncommercial use and enjoyment. You further acknowledge that the Company specifically prohibits you from doing any of the following acts, and you agree not to do any of these prohibited acts:
(a) permitting other individuals to directly or indirectly use the Materials;
(b) modifying, translating, reverse engineering, decompiling, disassembling the Materials (except to the extent applicable laws specifically prohibit such restriction);
(c) making copies or creating derivative works based on the Materials, except as provided herein;
(d) renting, leasing, or transferring any rights in the Materials;
(e) removing any proprietary notices or labels on the Materials;
(f) making any other use of the Materials not expressly permitted herein; and
(g) using download accelerator software, automatic download software or attempting to download more than 2.5GB of Materials in any twenty-four (24) hour period of time.
4.2 You further represent and warrant to the Company that your agreement to these terms and conditions constitutes an agreement that You shall not access, or attempt to access, any Materials available at the Website in a manner not expressly authorized by the Company. You agree and warrant that You 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.
4.3 You hereby acknowledge that you understand that the Company (and all persons affiliated therewith) does not authorize the accessing, viewing, downloading, duplication, receiving, transmission, broadcasting or other use of the Materials contained on the Website to or by any person, INCLUDING YOU, who is located in any of the areas designated as PROHIBITED AREAS.
4.4 You further acknowledge that you understand and agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of Materials from the Website, in which You are 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 the Company’s and potentially others’ intellectual property rights and other rights in such Materials and shall further constitute a violation of Company’s trademark and other rights, including, but not limited to, rights of privacy.
4.5 The following is a partial list of content that is illegal or prohibited in any way on the Website:
Promotes an illegal or unauthorized copy of another’s copyrighted work, such as pirated computer programs or links to them, or providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
Involves transmission of “junk” mail, “chain letters” or unsolicited commercial email or “spam”;
Promotes information you know is false, misleading or promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory or libelous;