TERMS
AND CONDITIONS OF MEMBERSHIP
For subscribers using online payment options
You must read and agree to these terms and conditions before you can become
an active member of FIREGIRLS.COM. Please read them carefully.
For good
and valuable consideration, the sufficiency of which is acknowledged
by you and Fire House Productions (the Company), you hereby agree
to become a subscriber to FIREGIRLS.COM, 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 the Company,
which produces Firegirls.com. Subject to the terms and conditions set
forth in this Agreement, Fire House Productions agrees to provide
to you all the privileges of subscription to FIREGIRLS.COM available
to a subscriber in good standing. This Agreement is subject to change
by The Company at any time, and changes are effective upon notice to
the Subscriber by posting at FIREGIRLS.COM, or by e-mail.
ALL
MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED AT
FIREGIRLS.COM ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING
ADULTS IN LOCATIONS WHERE THE MATERIALS, MESSAGES AND OTHER COMMUNICATIONS
CONTAINED AT FIREGIRLS.COM DO NOT VIOLATE ANY COMMUNITY STANDARDS OR
ANY NATIONAL, REGIONAL OR LOCAL LAWS WHERE RECEIVED. NO PERSONS UNDER
THE AGE OF EIGHTEEN (18) YEARS MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS
ANY OF THE CONTENTS OF FIREGIRLS.COM OR PLACE ANY ORDERS FOR ANY GOODS
OR SERVICES OFFERED OR ADVERTISED AT FIREGIRLS.COM. YOU HEREBY ACKNOWLEDGE
THAT MATERIALS PRESENTED AT AND/OR DOWNLOADABLE FROM FIREGIRLS.COM INCLUDE
EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND 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 THAT YOU ARE CURRENTLY NO LESS THAN EIGHTEEN
YEARS OF AGE AND ARE CAPABLE OF LAWFULLY ENTERING INTO THIS AGREEMENT
WITHOUT FURTHER REPRESENTATION. YOU ALSO MAKE THE FOLLOWING
DECLARATIONS:
I acknowledge
and agree that all materials contained at FIREGIRLS.COM are proprietary
and constitute valuable intellectual property of the Company. I acknowledge
and agree that as such, I may only access, view, download, receive and
otherwise use the materials available at FIREGIRLS.COM 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 Fire House Productions does not authorize. I hereby
acknowledge and agree that no materials from any parts of FIREGIRLS.COM
are authorized or intended to be accessed, viewed, downloaded or used,
transmitted, broadcast or otherwise disseminated to any person or entity
where prohibited by law. I agree that any and all unauthorized access,
viewing, downloading, receipt, duplication or other use of materials
from FIREGIRLS.COM, in which I am directly or indirectly involved, shall
constitute infringement(s) of the intellectual property rights of the
Company, and possibly others.
I agree
to be personally liable for any and all damages directly, indirectly
and/or consequentially resulting from any unauthorized downloading or
other duplication of materials from FIREGIRLS.COM, by myself alone,
or with or under the authority of, any other entitiy(ies), including,
but not limited to, governmental agency(ies), wherein such may include
damages resulting from loss of revenue, interruption or decrease in
productivity, loss of property, fines, attorney's fees and costs, loss
of public goodwill or reputation, and any hardships resulting from prosecution
and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
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
FIREGIRLS.COM. For your convenience and satisfaction, all "recurring"
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
FIREGIRLS.COM subscription rates. All membership cancellations can take
place by visiting our MEMBER SERVICES area.
Subscriptions
may not be assigned or transferred to any other person or entity. It
is the Subscriber's responsibility to record which billing company was
used to process subscription payment (such as Epoch.com, Globill-Systems.com
or PayPal.com). Subscriber must promptly inform his/her billing
company of changes in the expiration date of any credit card used in
connection with FIREGIRLS.COM; 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. Upon request, Subscribers
will be given access to billing records that support charges for use
of the FIREGIRLS.COM. The billing company used by the Subscriber
is to be contacted in matters of billing and access. The Company,
producers and webmaster of Firegirls.com are responsible for content
only.
Payment
for the services provided to you at and/or through FIREGIRLS.COM may
be made by automatic credit card or check debit and you hereby authorize
Fire House Productions 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 FIREGIRLS.COM,
or as unauthorized any charge by FIREGIRLS.COM, 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 FIREGIRLS.COM or any fraudulent reporting of
an unauthorized charge to FIREGIRLS.COM 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 FIREGIRLS.COM
remains outstanding at the time of such fraudulent reporting, you shall
be liable to FIREGIRLS.COM for liquidated damages of up to $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 FIREGIRLS.COM may be terminated at any time, and without cause, by
either Fire House Productions 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 FIREGIRLS.COM. 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 and software necessary to gain access to FIREGIRLS.COM. The
contents of FIREGIRLS.COM is provided in formats believed to be generally
useable by a majority of consumers. It is your responsibility to obtain
any additional software and/or hardware necessary to utilize the content
of FIREGIRLS.COM. YOUR SUBSCRIPTION IS FOR ANY ACCESS AT ALL
TO FIREGIRLS.COM DURING YOUR SUBSCRIPTION PERIOD, UP TO THE LENGTH OF
ITS DURATION. FIREGIRLS.COM is not responsible for reimbursing
you for unviewed material, failure to access FIREGIRLS.COM, or content
that you may find objectionable or dissatisfactory.
Access
to and use of FIREGIRLS.COM is through the use of a password. Each Subscriber
must keep his password strictly confidential. For security reasons,
FIREGIRLS.COM will not release or publish usernames or passwords. Unauthorized
access to FIREGIRLS.COM is a breach of this Agreement and a violation
of law. Should your password be shared with, guessed by or hacked by
other entities, your membership will be terminated without refund. FIREGIRLS.COM
contains multiple, sophisticated security features to add protection
to its members, but you, the user, hold FIREGIRLS.COM harmless for the
termination of your account. You, the Subscriber, are hereby notified
that your own computer is subject to internet hackers and secret recordings,
and that even the use of firewalls, encryption and other security measures
on your part does not guarantee that your personal information will
be safe from unauthorized users. FIREGIRLS.COM cannot be held
accountable if your password is obtained and used without permission.
Subject
to the terms and conditions set forth herein, FIREGIRLS.COM 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 FIREGIRLS.COM which Fire House Productions 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 FIREGIRLS.COM, you may
make only a single copy of such Materials for your personal use.
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 Fire House Productions. 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 than
what is granted in this agreement. 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 Fire House Productions for electronic dissemination, all Materials displayed
at or otherwise available through FIREGIRLS.COM 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 Fire House Productions. All editions of FIREGIRLS.COM, and all
Materials and other matter used directly or indirectly in, at, by, through
and/or with FIREGIRLS.COM 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 FIREGIRLS.COM shall at all
times remain in Fire House Productions, its parent(s), subsidiary(ies),
licensee(s) and assign(s). This license will immediately terminate automatically
if you fail to comply with the limitations described herein, breach
any other provision of this Agreement, or cease, for any reason, to
be a Subscriber in good standing, or are notified of its termination
by Fire House Productions 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 Fire House Productions 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 Fire House Productions is borne by you. Should the Materials
or any other service provided by Fire House Productions prove defective
and/or cause any damage to your computer or inconvenience to you, you,
and not Fire House Productions, 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 Fire House Productions, 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 FIREGIRLS.COM.
Fire House Productions does not screen or endorse advertisements or communications
submitted to FIREGIRLS.COM by third-party licensees, advertisers, or
subscribers for electronic dissemination through FIREGIRLS.COM. Subscribers
are therefore advised to use their own judgment to evaluate all advertisements
and other communications available at or through the use of FIREGIRLS.COM
prior to purchasing goods and/or services described at FIREGIRLS.COM
or otherwise responding to any communication at FIREGIRLS.COM.
Any liability
of Fire House Productions, 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 Fire House Productions 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.
Fire House Productions 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
FIREGIRLS.COM.
No warranty
is made by Fire House Productions regarding any information, services,
Materials or products provided through or in connection with FIREGIRLS.COM.
Fire House Productions 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.
"FIREGIRLS.COM"
is a service mark of Fire House Productions. All rights are reserved.
All materials
included at FIREGIRLS.COM are for the private use by Subscribers only.
No other uses are intended by Fire House Productions 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
FIREGIRLS.COM or other services provided to you by Fire House Productions. 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 Fire House Productions to immediately
terminate all rights to access to FIREGIRLS.COM. You are solely responsible
for all information which you submit, publish, display, disseminate
or otherwise communicate through FIREGIRLS.COM even if a claim should
arise after termination of service. If Fire House Productions 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 FIREGIRLS.COM and agree
that all such messages and other communications shall not be deemed
to be private or secure. Regardless of whether Fire House Productions 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 Fire House Productions
directly or through FIREGIRLS.COM can be read by the operators and/or
other agents of Fire House Productions, whether or not they are
the intended recipient(s).
Notices
from FIREGIRLS.COM to Subscribers may be given by means of e-mail, by
general posting on FIREGIRLS.COM, or by conventional mail. Communications
from you to Fire House Productions may be made by e-mail, or by
contact forms provided at the FIREGIRLS.COM website. All questions,
complaints, or notices to FIREGIRLS.COM regarding content may be sent
in writing to Fire House Productions, 3126 West Cary Street, #447,
Richmond, VA 23221, USA.
Inquiries
regarding billing should be directed to the billing service provider
you used when subscribing:
- Epoch.com's
online
customer service form; or Customer Service Department hotline
888-968-5834.
- Globill-System.com's
online
customer service form.
- PayPal.com
subscribers may contact the FIREGIRLS.COM webmaster
for assistance with any issues that cannot be resolved by PayPal.com,
since PayPal subscriptions are activated jointly by PayPal and the
webmaster.
This
Agreement contains the entire agreement between the Subscriber and Fire House Productions regarding Subscribers' use of FIREGIRLS.COM, 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 Fire House Productions. This Agreement shall be governed by and construed under the laws
of the State of Nevada and the United States as applied to agreements
between Nevada state residents entered into and to be performed within
the State of Nevada, 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
survive its 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 FIREGIRLS.COM.
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 FIREGIRLS.COM 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" OPTION BELOW.
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