Website Terms Of Use

Effective date: March 2009

AllXClub, Inc, together with its subsidiaries and affiliates (collectively, "AllXClub") provide you access to AllXClub service-related Web sites containing information and data available via your computer, monitor, television set and/or other compatible device ("the Sites") subject to the terms and conditions set forth below, including all documents, policies, and guidelines incorporated therein (the "Agreement").

PLEASE READ THIS AGREEMENT CAREFULLY. By accessing, browsing, or using any of our Sites, you agree to be bound by the terms and conditions of the Agreement, including all documents, policies, and guidelines incorporated by reference. This Agreement does not alter in any way the terms or conditions of any other written or online agreement you may have or will have with AllXClub, including any Web site access agreement with a AllXClub affiliate relating to services other than services.

AllXClub, reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy or guideline referenced herein at any time and in its sole discretion. If the Agreement or any policy or guideline is changed, we will post the new terms on the Sites and the change will be effective as of the date of the posting. Your access to and use of the Sites following the posting of such changes or modifications will constitute your acceptance of the Agreement as revised.

Notice: Acceptance of this agreement is intended to by governed by the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 28 U.S.C. § 1746, and the parties acknowledge that this agreement may be accepted via electronic signature.

Privacy Policy

AllXClub believes strongly in protecting user privacy and providing you notice of AllXClub collection and use of data, including personally identifying information, collected from the Sites. To learn about AllXClub information collection and use practices and policies, please refer to the separate Privacy Policy section of the Site, which is incorporated herein by reference.

Legal Use

You agree that you are an adult of at least the minimum age required by the law of your jurisdiction for gaining access to this website and to view the erotic materials on it. Nonetheless, the minimum age required to view such material on the Sites is 18.
You agree that at no time will you allow use of your account by a person not permitted by law to gain access or view the materials on the Sites , nor will you share or make material found on this site available to any such person.
You may not gain access to the Sites if such action is illegal in the district, state, or jurisdiction where you reside or are located at the time that you are accessing the Sites, to view sexually explicit material, or if the Internet service provider you are using would deem such access a violation of its user terms of service.
You shall not share or borrow user identification information credentials or passwords.
You represent and warrant that that all information given to gain access to the website and/or download materials from it, including but not limited to your identity, age and credit card numbers, is your own.
You shall use material found in this site for ENTERTAINMENT ONLY; no commercial display or reproduction of the material is permitted under any circumstances, unless provided by separate written agreement.
You agree that if you learn of any of the following, you will notify AllXClub immediately in writing of the following:
- a. Use of your account to gain access to the website by a person not permitted by law to view the Sites;
- b. Any material on the Sites violates any other person's copyright or other intellectual property rights;
- c. Any material on the Sites violates any applicable law or regulation;
- d. Any material on the Sites portrays an individual who is under the age of 18 or who has not given his or her consent to appear in the material.
8. The Sites are registered and rated by ICRA in an effort to help block access to adult content by minors. Additionally, a valid credit is required to gain access to the Sites. As such, please keep your credit cards out of reach of your children. In order to block access by minors via use of your computer system, we recommend the following:
- a. Keep access to all computers out of reach of minors.
- b. Since a valid credit card is required to gain access to this site, keep your credit cards out of reach of your children, and monitor their use of cards which have been given to them.
- c. Use the following link to review a variety of lockout and filter software: www.filterreview.com.
- d. Contact us, and we will block your credit cards, IP address and email addresses from our systems, if you desire. Information on how to contact us can be found at Customer Support on the Sites.

2257 STATEMENT

AllXClub, LLC is not the primary producer of any of the materials which can be accessed via the Sites, and the constitutional validity of the statute has been called into serious question by the courts. However, AllXClub will ensure that all material accessed via its Sites contain the disclosure statements required 18 U.S.C. 2257(e)(1). If you have any questions in this regard, please contact AllXClub immediately.

Copyright and Authorized Access

All copyrighted and copyrightable materials on these Sites, including, without limitation, the design, text, graphics, pictures, sound files and other files, and the selection, arrangement, look and feel of the Sites (hereinafter the "Materials") are owned exclusively by AllXClub, a AllXClub, affiliated Company, and/or AllXClub licensors. You are granted a limited, non-exclusive, non-sub licensable right to access the Sites for the purposes of display in your private residence, the Materials for your personal, non-commercial, and informational use only, and only for persons who are permitted by applicable law to view the Materials. The foregoing license grant does NOT include the right for you to:

Publish, publicly perform or display, or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media;
Market, sell, or make commercial use of the Sites or any Materials, in the absence of a separate, written agreement authorizing such use;
Systematically collect and use any data or content, including the use of any data mining, robots, or similar data gathering and extraction methods;
Make derivative uses of the Sites or the Materials; or
Use, frame, or utilize framing techniques to enclose any portion of the Sites (including the images found at the Sites, any text, or the layout/design of any page or form contained on a page).
Use the Material in any way which would violate any applicable laws, regulations or rights of third parties, or violate these Terms and Conditions or the policies set forth in this website.

Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppels, 'moral rights' or otherwise in or under any patent, trademark, copyright, or proprietary right of AllXClub or any third party. Any unauthorized use of the Sites will terminate the permission or license granted by this Agreement and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

If you use any part of the Sites that require a username or password, then you are responsible for maintaining the confidentiality of that username and password and for restricting access to your computer; you also agree to accept responsibility for all activities that occur under your account or password. In the event the confidentiality of your account or password is compromised, you should notify AllXClub immediately. AllXClub reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Sites and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, AllXClub may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall AllXClub be held liable to you for any liabilities or damages resulting from or arising out of (1) any action or inaction of AllXClub under this provision, (2) any compromise of the confidentiality of your account or password and (3) any unauthorized access to your account or use of your password. Any unauthorized use of the Sites will terminate the permission or license granted herein and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.

Copyright Complaints

AllXClub respects the intellectual property of others. If you believe that your work has been copied and has been posted, stored, or transmitted to the Sites in a way that constitutes copyright infringement, please provide AllXClub copyright agent the following written information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Sites;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

AllXClub Copyright Agent for notice of copyright infringement claims on the Sites can be reached as follows:

AllXClub, LLC
3876 Sheridan St.
Hollywood, FL 33019
Toll-Free: 1.888.4ALLXCLUB
Email: copyright@AllXClub.com

Trademarks and Service Marks

The trademarks and service marks displayed on the Sites are registered and unregistered trademarks of AllXClub, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of AllXClub or, if applicable, its licensor. In addition, AllXClub custom graphics, button icons, scripts, and page headers are covered by trademark, trade dress, copyright, or other proprietary right law, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of AllXClub. AllXClub trademarks, service marks, and trade dress may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits AllXClub. "AllXClub," design and all other AllXClub, marks and logos, and the AllXClub products and services described on the Sites, are either trademarks, service marks, or registered trademarks of AllXClub and may not be copied, imitated, or used, in whole or in part, without the prior written permission of AllXClub affiliates. All other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AllXClub. You may not use any metatags or any other "hidden text" utilizing an AllXClub name, trademark, or product name without AllXClub expresses written consent.

Third Party Products and Services

Parties other than AllXClub offer and provide products and services on or through the Sites. Except for AllXClub -branded information, products, or services that are specifically identified as being supplied by AllXClub, AllXClub does not operate, control, or endorse any information, products, or services on the Sites or accessible through the Sites in any way. Except for AllXClub identified information and AllXClub -branded products or services, all information, products, and services offered through the Sites or Internet generally are offered by third parties that are not affiliated with AllXClub. AllXClub is not responsible for examining or evaluating, and AllXClub does not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. AllXClub does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Product and Service Descriptions and Pricing

Any person wishing to join AllXClub must do so via the AllXClub.com website(s). The price for the membership shall be stated on the applicable application page of the website. The subscriber will be obligated to provide all information which AllXClub.com requests for a valid credit card before a membership application may be approved.

Upon approval, the member's credit card account on file with AllXClub.com will be charged automatically for the cost of the first period of service. The subscriber will receive from AllXClub an associate ID#, personalized AllXClubPRO website and training materials. The member agrees that AllXClub may continue to charge the member's credit card until and unless the member cancels their membership per the procedure stated below.

AllXClub and third parties offering information, products, or services on the Sites attempt to be as accurate as possible. However, AllXClub does not warrant that information, product, and service descriptions or other content of the Sites is accurate, complete, reliable, current, or error-free. Despite our efforts, it is possible due to computer or other error or causes that a product or service offered on the Sites may be mispriced or may contain an inaccuracy in its description. In the event AllXClub determines that a product or service is mispriced or contains an inaccurate description, AllXClub reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, including without limitation canceling your order. You agree to notify AllXClub immediately if you become aware of any pricing or descriptive errors or inconsistencies with any products or services you order through the Sites and comply with any corrective action taken by AllXClub.

Cancellation Policy

A membership may be cancelled at any time, for any reason. Monthly subscriptions will not be prorated. Notwithstanding any of these terms and conditions, this Agreement may be terminated by either party without notice at any time for any reason, provided that you may no longer access or use the Sites after this Agreement has been terminated, and you remain responsible for subscription fees as set forth in the Cancellation Policy, above. The provisions of the paragraphs entitled Copyright, Trademarks and Service Marks, Third-Party Content, Submissions, Export Restrictions, Disclaimers, Limitation of Liability, Indemnification, Third-Party Rights, Applicable Law, Venue and Limitation of Actions, Termination, Severability, Enforceability and Admissibility, and Miscellaneous shall survive any termination of this Agreement.

Linking

Links to the Sites.You are granted a limited, nonexclusive right to create a hypertext link to the homepage of the Sites, provided such link does not portray AllXClub or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. You may not use an AllXClub or other proprietary graphic or trademark of AllXClub to link to the Sites without the express written permission of AllXClub. This limited right may be revoked at any time.

Third-Party Links

AllXClub makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party Web sites or services accessible by hyperlink from the Sites, or third-party Web sites linking to the Sites. Such linked Web sites are not under the control of AllXClub and AllXClub is not responsible for the content of any such linked Web site or any link contained in a linked Web site, or any review, changes, or updates to such Web sites. AllXClub is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by AllXClub of the Web site or any information contained therein. When leaving the AllXClub Sites, you should be aware that AllXClub's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that Web site.

Submissions

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information, provided by you in the form of e-mail or submissions to AllXClub, or postings to or on the Sites, are non-confidential (provided that personal information provided on non-public areas of the Sites is subject to AllXClub Privacy Policy) and you grant AllXClub any and all property rights, including copyrights and other intellectual property rights, related to or arising from the materials provided by you without compensation to you, and you acknowledge and agree that any such rights related to or arising from materials created by you are deemed to be transferred by you to AllXClub as of the date of the posting or submission. You also grant AllXClub the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing, and promotional material related thereto. You agree that you will execute, without additional charge, such documents as AllXClub may request for the purposes of verifying or attesting to the ownership of any intellectual property by AllXClub or entity designated by AllXClub, registration of said ownership with government authorities, age verification records, or other documents related to the ownership of the intellectual property or protection against misuse, infringement or claims of ownership of the intellectual property by persons or entities other than AllXClub or its designated company. You agree that you shall have no recourse against AllXClub for any alleged or actual infringement or misappropriation of any proprietary right in your submitted materials and that the submission of any such materials to AllXClub, including the posting of materials to any forum or interactive area on the Sites, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity. You represent and warrant that you own or otherwise control all of the rights to the material that you post; that the material is accurate; that use of the material you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify AllXClub for all claims arising from any material you supply.

Disclaimers

"AS IS" AND "AS AVAILABLE" BASIS: THE SITES AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE SITES. YOU EXPRESSLY AGREE THAT USE OF THE SITES, INCLUDING ALL CONTENT, DATA, OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITES, IS AT YOUR SOLE RISK AND RESPONSIBILITY.

WARRANTY DISCLAIMER. ALLXCLUB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITES, UNLESS SUCH WARRANTIES ARE NOT EXCLUDABLE UNDER APPLICABLE LAW. ALLXCLUB DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, SUBJECT TO CORRECTION OR THAT ANY SUCH MATERIALS AVAILABLE FOR DOWNLOAD FROM THE SITES ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. ALLXCLUB IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE ALLXCLUB ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITES IS SAFE, ALLXCLUB CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ITS SERVER (S) WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD-PARTY HACKERS OR DENIAL OF SERVICE ATTACKS) OR OTHERWISE MEET CUSTOMER'S REQUIREMENTS.

AllXClub reserves the right to change any and all content contained on the Sites at any time without notice. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by AllXClub. YOUR RESPONSIBILITY AND RISK: It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, merchandise, and other information provided on or through the Sites or on the Internet generally. The Internet contains unedited materials, some of which are sexually explicit or may be offensive to you. You access such materials at your risk. AllXClub has no control over and accepts no responsibility whatsoever for such materials.

Enforcement

AllXClub reserves the right but does not assume the obligation to strictly enforce this Agreement, including without limitation by issuing warnings, suspension, or termination of service, and/or removal, screening, or editing of posted message, data, information, text or other material ("Content"), self help and active investigation, litigation and prosecution in any court or appropriate venue. ALLXCLUB may access, use, and disclose transaction information and Content to comply with the law (e.g., a lawful subpoena); enforce or apply our customer agreements; to initiate, render, bill, and collect for services; to protect our rights or property, or to protect users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS AGREEMENT OR ANY RELATED POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF AN ALLXCLUB CUSTOMER, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY SUCH CUSTOMER.

Limitation of Liability

IN NO EVENT SHALL ALLXCLUB BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (1) THE USE OR INABILITY TO USE THE SITES OR THE CONTENT, MATERIALS, INFORMATION, OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITES, OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITES OR THE CONTENT, MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITES, EVEN IF ALLXCLUB OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ALLXCLUB (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY), ARISING OUT OF OR RELATING TO THE USE OF ALLXCLUB'S SITES, EXCEED $5.00 OR THE COMPENSATION YOU PAID ALLXCLUB, WHICHEVER IS LESS.

Certain state laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein. In such states, AllXClub liability is limited to the greatest extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless AllXClub, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Sites from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you, by persons to whom you have given your user name or password, to persons whom you have allowed to view the Materials on this website via the AllXClub box, or your violation of any rights of a third party.

Severability

If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Enforceability and Admissibility

This electronic document and any other electronic documents, policies, and guidelines incorporated herein will be: (1) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing; (2) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (3) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation, or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.

You agree that any and all litigation related to claims you or AllXClub may have arising from or related to this Agreement, related policies and use of and/or purchase of goods or services from AllXClub shall be brought in a state or federal court within Coral Gables, Florida, to which venue the parties irretrievably stipulate. You acknowledge that by agreeing to this provision, you give up the right to bring suit in any other place, and instead submit to the jurisdiction of the courts in Coral Gables, Florida.

Regardless of where you may be located when you are accessing Materials, please be advised that the Materials are intended for adults who may legally view such materials in the United States. Therefore, you must understand that the laws of your particular jurisdiction may be different from the laws of the United States, but you are specifically agreeing to be bound by the laws of the United States, as well as the State of Florida, regarding right to view these Materials, privacy and other rights and obligations.

This agreement shall be construed under the laws of the State of Florida.

Miscellaneous

AllXClub's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. AllXClub may assign its rights and duties under this Agreement to any party at any time without notice to you. In order to protect AllXClub and its customers from fraudulent activity, we limit the products and services that may be ordered online by a single individual or entity. AllXClub reserves the right to further limit quantities or to cancel or reject orders in its sole discretion.