As used herein, subscriber shall be referred to as "Subscriber" or "you" and 10musume.com as "10musume.com and m10musume.com as "m.10musume.com" ( collectively known as"10musume " or ¡ÈWebsite¡É) or "we." This Agreement will take effect when a user ID and password is issued to Subscriber by 10musume after registration. Meanwhile, charges to the credit card(s) you registered will commence upon purchase of any service or products on 10musume.
1. Compliance with Laws and Community Standards.
You are familiar with and understand the standards and/or laws of the community in which you live regarding sexually oriented media. You represent that, based on your familiarity with these standards and/or laws of your community, by requesting and receiving any of the adult material on 10musume; 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 10musume harmless from and against any responsibilities and liabilities related to your requesting, receiving or possessing materials contained herein.
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 site." "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 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."
(ii) This Website also provides access to a live video chat service which contains adult content named ¡ÈDXLIVE¡É, (http://jp.dxlive.com/terms.shtml) which is owned and operated by a third party Website. The use of and access to the chat service is solely determined by users and 10musume is not responsible, or in any way liable to users, for the use and access thereof. 10musume encourages you to check the terms and conditions of use of the live chat service from 10musume and comply with the same accordingly.
(iii) This Website provides a service that allows you to view its contents on an IPhone or any other Smartphone by accessing http://m.10musume.com. You have the choice of either streaming the movie and audio contents and/or downloading them on your IPhone or smartphones.
3. Membership Fees.
You will be billed a membership fee in accordance with the designated schedule for usage of the services in the Website available in the 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. There will be no refunds, including partial refunds. Also, there is no cooling off period if one of your registered credit card was declined for any reason, we will impose what we call the ¡ÈRecurring System which will allow us to automatically charge any purchase to the other credit cards in our records.
4. Right to Change Pricing, Content and Terms & Conditions.
You agree that 10musume has the right to change all pricing and Website content at any time. However, any changes to these Terms & Conditions shall be posted at least thirty (30) days before such changes take effect. Your continued use of the 10musume Website following the validity date of the changes to the Terms and Conditions shall be deemed as your acceptance of such change(s).
5. Termination or Suspension of Service by 10musume.com.
10musume 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 10musume believes that you have violated or acted inconsistently with the letter and spirit of these Terms & Conditions. You acknowledge and agree that 10musume 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 email a Cancellation Request Form to the following address http://www.10musume.com/member/taikai.html at least one week prior to the intended date of cancellation of your account.
7. Disclaimer of Warranties.
You understand and agree that no warranty is made by 10musume regarding the Service, and 10musume hereby expressly disclaims: (1) any and all warranties as to the availability and¡¡accuracy of the contents in the Website as well as those available through the Website and/or Service provided therein; and (2) any warranties of merchantability or fitness for a particular purpose of any product available for purchase in the Website. You further understand and agree that any liability of 10musume , 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 10musume 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 10musume 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 Website. Customer Service, including but not limited to: responding to billing inquiries; investigations of unauthorized charges; fulfillment and shipping services; and password setting/re-setting is provided by a third party, Allbright Information Services, Inc. Accordingly, 10musume is not responsible, or in any way liable to users, for the actions or inactions of this third party service provider.
8. Computer System Requirements.
You are responsible for providing all personal computer, mobile or cellular phones 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 cellular or mobile phone systems 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, 10musume 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. Subscription may not be assigned or transferred to any other person or entity. You must promptly inform 10musume 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. 10musume 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 10musume , (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 10musume 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 and/or mobile phone connections to the public, and (6) any other action which is determined to be improper by 10musume.
You agree to indemnify and hold 10musume 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 web site. 10musume 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 10musume 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 10musume.
14. Private Use.
The material on the Service is for the private, non-commercial enjoyment of Subscribers only. Any other use is strictly prohibited.
Notices from 10musume to Subscribers may be given by means of e-mail, by general posting on 10musume, or by U.S. mail, which may include, but may not be limited to, promotions, special offers, and other information about 10musume and/or any other Website(s) or business(s) affiliated with 10musume. Furthermore you hereby acknowledge and accept that by submitting a request for membership to 10musume, whether the submission is successful or unsuccessful, You are subject to receiving such Notices from 10musume, and/or any other Website(s) or business(s) affiliated with 10musume. Communications from You to the Company may be made by e-mail, U.S. mail or telephone.
US Operation: DTI Services, Inc
Address: 601 S. Figueroa St, Suite 4300, Los Angeles, California 90017
UK Operation: DI Serv Corp Limited
Address: 82 St. Johns Street London, EC1M 4JN
16. This Agreement contains the entire agreement between the Subscriber and 10musume regarding the use of the Service, and supersedes all prior written and oral understandings and writings, and may only be amended upon notice by 10musume to Subscribers. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination. The Agreement shall be governed by the laws of the State of California.