You
must read and agree to these terms and conditions before you are
granted permission to use any part of IncrediblePass.com, hereafter
called SITE, beyond its warning page (the root page of this website)
and its legal disclaimers. By using any page of SITE other than
its warning page or legal disclaimers, or by becoming a paid member
of SITE, you are acknowledging that you have read these Terms and
Conditions of Use and agree to be bound by them. If you elect to
become a paid Subscriber to SITE, additional Terms and Conditions
may apply. Please read them carefully. You must agree!
1. For good and valuable consideration, the sufficiency of which
is acknowledged by you and the Company, you hereby agree to become
a confirmed User of SITE, 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 User/Subscriber, and
Incredible Pass, Inc, a New Jersey Corporation ("Company").
Subject to the terms and conditions set forth in this Agreement,
the Company agrees to provide to you all the privileges of use of
SITE available to a User in good standing. This Agreement is subject
to change by Company at any time, and changes are effective upon
notice to the User by e-mail, posting at or via hyperlink to SITE,
or by mail. You must be able to view this material legally!
2. ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS,
CONTAINED AT SITE ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING
ADULTS IN LOCATIONS WHERE THE MATERIALS, MESSAGES AND OTHER COMMUNICATIONS
CONTAINED AT SITE 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 EIGHTEEN (18) YEARS
MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF
SITE OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT
OR IN SITE. YOU HEREBY ACKNOWLEDGE THAT MATERIALS PRESENTED AT AND/OR
DOWNLOADABLE FROM SITE INCLUDE EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL
DEPICTIONS OF NUDITY AND HETEROSEXUAL, BI-SEXUAL, HOMOSEXUAL, AND
TRANSEXUAL 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 AND WARRANT THAT YOU ARE CURRENTLY
OVER THE AGE OF EIGHTEEN YEARS AND ARE CAPABLE OF LAWFULLY ENTERING
INTO THIS AGREEMENT. All contents are the property of this site
unless otherwise specified!
3. You acknowledge and agree that, unless noted otherwise, all materials
contained at SITE are proprietary and constitute valuable intellectual
property. You acknowledge and agree that as such, you may only access,
view, download, receive and otherwise use the materials available
at SITE only as authorized by the Company. You agree 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. You hereby acknowledge and agree that no materials from
any parts of SITE are authorized, and no materials are intended,
by the Company to be accessed, viewed, downloaded or used by, or
transmitted, broadcast or otherwise disseminated to any person or
entity located in any and all areas designated as PROHIBITED AREAS
below. You agree that any and all unauthorized access, viewing,
downloading, receipt, duplication or other use of materials from
SITE, 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 SITE's and potentially other's intellectual
property rights and other rights in such materials and shall further
constitute a violation of SITE's trademark and other rights, including,
but not limited to, rights of privacy. You must be able to view
this material legally! PROHIBITED ACCESS AREAS All of the following
areas constitute PROHIBITED AREAS from which no part of SITE may
be accessed, viewed, downloaded or otherwise received: A. All parts
of the United States of America corresponding to the entire areas
corresponding to United States Postal Service zip codes on the following
list: http://www.bigtitscurvyasses.com/common/zipcodes.php; B. All
parts of the following countries: Afghanistan, Kuwait, Iran, Iraq,
Japan, Jordan, Libya, Pakistan, The Republic of China, Singapore,
Saudi Arabia, Syria, The United Arab Emirates; and C. All parts
of every other geophysical place corresponding to a political entity
or part thereof in which the access, viewing, downloading or other
use of materials at SITE would, or could reasonably constitute a
violation of any law, regulation, rule or custom. We are not responsible
for “damages’
4. You agree to be personally liable and fully indemnify SITE for
any and all damages directly, indirectly and/or consequentially
resulting from my attempted or actual unauthorized downloading or
other duplication of materials from 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 SITE including,
but not limited to, damages resulting from loss of revenue, loss
of property, fines, attorney' fees and costs, including, without
limitation, damages resulting from prosecution and/or governmentally
imposed seizure(s), forfeiture(s), and/or injunction(s). About subscription
fees! Please read!
5. Some or all of the following fees and charges may be incurred
by those who choose to become a Subscriber: Subscription Fees. The
Subscriber is responsible for paying periodic subscription fees
according to the then-current billing terms. You must be 18 years
of age or older to receive a membership to SITE. For your convenience
and satisfaction, all memberships will automatically renew upon
expiration unless your subscription is cancelled prior to expiration.
"3 Day" (referred to as 3-day pass, 3-day trial membership,
free pass) memberships begin upon submission and approval of credit
card information, and extend for 72 hours from that point in time.
Cancellation must occur before the end of the 72 hour period in
order to avoid the cost of renewal. "5 Day " (5 day special
offers, 5-day trial access) memberships begin upon submission and
approval of credit card or checking information, and extend for
120 hours from that point in time. Cancellation must occur before
the end of the 120 hour period in order to avoid the cost of renewal.
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 SITE subscription rates. All 3 day
memberships will renew at the published monthly rate at the end
of 72 hours. Five day trial memberships will renew at the published
monthly rate at the end of 120 hours. All 1 month memberships will
renew at the published monthly rate. 3 month memberships will renew
at the published rate per 3 month period, unless the membership
is canceled prior to renewal. All membership cancellations can take
place simply by visiting our Customer Service Center. The subscriber
is responsible for keeping accurate record of their member identification
number, username, password, e-mail address, and credit card or checking
account number when they subscribed. b. Other fees and/or charges
for goods and services ordered at, through and/or from SITE and
its licensees. You must notify us of changes!
6. Subscriptions may not be assigned or transferred to any other
person or entity. Subscriber must promptly inform Company of the
following: changes in the expiration date of any credit card used
in connection with SITE; 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. Until Company is notified
by the Subscriber visiting our Customer Service Center. In case
of a breach in security, the Subscriber will remain liable for any
unauthorized use of SITE. Upon request, Subscribers will be given
access to billing records that support charges for use of the SITE.
You authorize these charges, and agree not to report fraud deceptively!
7. Payment for the services provided to you at and/or through SITE
may be made by automatic credit card or debit card debit and you
hereby authorize Company 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 SITE, or
as unauthorized any charge by SITE, 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 SITE or any fraudulent reporting of
an unauthorized charge to SITE 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 SITE
remains outstanding at the time of such fraudulent reporting, you
shall be liable to SITE for liquidated damages of $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. About membership termination!
8. Subscription to SITE may be terminated at any time, and without
cause, by either Company or Subscriber upon notification of the
other by electronic or conventional mail, or by telephone, or by
visiting http://billingsupport.com/. You agree to be personally
liable for all charges incurred by you during or through the use
of SITE. Your liability for such charges shall continue after termination
of your membership for any reason. You are responsible for your
computer and your password!
9. Subscribers are responsible for providing all personal computer
and communications equipment necessary to gain access to SITE. Access
to and use of SITE members area is through the use of a password.
Each Subscriber must keep his password strictly confidential. For
security reasons, SITE will not release passwords. Unauthorized
access to SITE is a breach of this Agreement and a violation of
law. How you may use the contents of our site!
10. Subject to the terms and conditions set forth herein, SITE hereby
grants you a limited, non-exclusive and non-transferable license
to use graphic files, audio files, video files, text, hyperlinks,
interlinks, search engines, and other software associated with authorized
Subscriber use of SITE which Company 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 SITE, you may make only a single copy of such Materials for your
personal use and enjoyment. 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 Company. 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. This license does not grant you
any rights to any software enhancements or updates of any kind.
Rights regarding material!
11. Except for public domain material or material otherwise licensed
to Company for electronic dissemination, all Materials displayed
at or otherwise available through SITE 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
Company. All editions of SITE, and all Materials and other matter
used directly or indirectly in, at, by, through and/or with SITE
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 SITE shall at all times remain in
Company, its parent(s), subsidiary(ies), licensee(s) and assign(s).
All intellectual property and other rights in and to any intellectual
property content accessed through the Materials is the property
of the applicable content owner, which may be the Company, its parent(s),
subsidiary or subsidiaries, licensee(s) and assign(s), or others,
and may be protected by applicable copyright and/or other laws.
The limited and non-exclusive license granted to you herein grants
to you no rights to use such content except as set forth herein.
This license will immediately terminate automatically if you fail
to comply with the limitations described herein, breach any other
provision of this Agreement, cease, for any reason, to be a Subscriber
in good standing, or are notified of its termination by the Company
or its authorized agent(s). You agree that upon such termination,
you will immediately destroy all copies of the Materials in your
possession. Warranties and other information!
12. You agree that Materials and all other services provided to
you by Company 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 Company is borne by you. Should the
Materials or any other service provided by Company prove defective
and/or cause any damage to your computer or inconvenience to you,
you, and not Company, 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 Company, 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 SITE. We are not responsible for advertisements
within this site!
13. Company does not screen or endorse advertisements or communications
submitted to SUTE by third-party licensees, advertisers, or subscribers
for electronic dissemination through SITE. Subscribers are therefore
advised to use their own judgment to evaluate all advertisements
and other communications available at or through the use of SITE
prior to purchasing goods and/or services described at SITE or otherwise
responding to any communication at SITE. Liability and limits!
14. Any liability of Company, 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, tortuous 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 Company 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. We are not responsible for any damages!
15. Company 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 SITE. No warranty and more information!
16. No warranty is made by Company regarding any information, services,
Materials or products provided through or in connection with the
SITE, and Company 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. Service mark information!
17. "SITE" is a service mark of Incredible Pass, INCORPORATED.
All rights are reserved. This site is for private use only!
18. All materials included at SITE are for the private use by Subscribers
only. No other uses are intended by the Company and any other use
is strictly prohibited. Regarding communications!
19. 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 SITE or other services provided to you by Company.
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 Company to immediately terminate
all rights to access to SITE. You are solely responsible for all
information which you submit, publish, display, disseminate or otherwise
communicate through SITE even if a claim should arise after termination
of service. If the Company 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 SITE and agree that all such messages and
other communications shall not be deemed to be private or secure.
Regardless of whether the Company 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 Company directly or through SITE can be read by the operators
and/or other agents of Company, whether or not they are the intended
recipient(s). Notifying the company!
20. Notices from SITE to Subscribers may be given by means of e-mail,
by general posting on SITE, or by conventional mail. Communications
from you to the Company may be made by e-mail, conventional mail
or telephone. All questions, complaints, or notices to SITE may
be sent by visiting our Customer Service Center Not affiliated with
any other company!
21. SITE is not affiliated with any company or organization other
than Incredible Pass, Inc No inference of association or affiliation
with, or endorsement by any company or organization is intended
or should be inferred. This is the entire agreement.
22. This Agreement contains the entire agreement between the Subscriber
and Company regarding Subscribers' use of SITE, 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 Company.
This Agreement shall be governed by and construed under the laws
of the State of California and the United States as applied to agreements
between California state residents entered into and to be performed
within the State of California, 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 HAVE READ THIS
ENTIRE AGREEMENT! YOU HEREBY AFFIRM THAT YOU HAVE READ THIS ENTIRE
AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS BY USE OF THE
SITE BEYOND ITS WARNING PAGE AND LEGAL DISCLAIMERS; BY CLICKING
THE "ENTER SITE" BUTTON ON THE WARNING PAGE; OR BY AUTHORIZING
THE USE OF YOUR CREDIT CARD FOR PAYMENT OF CHARGES AND FEES FOR
YOUR OBTAINING A SUBSCRIPTION TO SITE. FROM THE WARNING PAGE, CLICK
THE “ENTER SITE” BUTTON 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 SITE
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, CLICK THE "EXIT
SITE" BUTTON ON THE WARNING PAGE OR LEAVE THIS SITE IMEMDIATELY
THROUGH SOME OTHER MEANS.
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