Please read these Terms & Conditions carefully
1. By entering Nicemuffs.com (the "Site") you, the user,
agree to be bound by these Terms and Conditions. By purchasing a
membership to the Site, you become a Full Member of Nicemuffs.com
and agree to be bound by these Terms and Conditions. In these Terms
and Condition, the terms "Member" and/or "Full Member"
and/or "Membership" and/or "Full Membership"
shall refer to Nicemuffs.com.
2. Please read the Additional Nicemuffs.com - Privacy
statement as well.
3. These Terms and Conditions are subject to changes by Nicemuffs.com
at any time, and changes are effective immediately without notice
upon each user and/or Member. Nicemuffs.com may terminate, at any
time, one or more of the services and/or features of the Site, without
notice upon each user and/or Member. Please read the relevant sections
regarding the Site's refund policy.
4. Your Membership is non-transferable and non-assignable.
5. By becoming a Member, you hereby authorize the imposition of
charges to your credit card for all Membership fees as well as for
any further goods and/or services at, through and/or from or pertaining
to the Site.
6.THE SITE IS DESIGNED AND INTENDED SOLELY FOR CONSENTING ADULTS
- WHO ARE AT LEAST 18 YEARS OLD (21 IN AL, MS, NE, WY, AND ANY OTHER
LOCATION WHERE 18 IS NOT THE AGE OF MAJORITY)- 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 SITE MAY INCLUDE GRAPHIC
VISUAL DEPICTIONS AND DESCRIPTIONS OF NUDITY AND SEXUAL ACTIVITY
AND SHOULD NOT BE ACCESSED BY ANYONE YOUNGER THAN 18 YEARS OLD (21
IN AL, MS, NE, WY, AND ANY OTHER LOCATION WHERE 18 IS NOT THE AGE
OF MAJORITY) OR WHO IS OFFENDED BY SUCH MATERIALS OR WHO DOES NOT
WISH TO BE EXPOSED TO SUCH MATERIALS. BY PURCHASING A MEMBERSHIP
YOU ARE MAKING 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 (21 IN AL, MS, NE, WY, AND ANY OTHER LOCATION
WHERE 18 IS NOT THE AGE OF MAJORITY). I PROMISE THAT I WILL NOT
PERMIT ANY PERSON(S) UNDER 18 YEARS OF AGE (21 IN AL, MS, NE, WY,
AND ANY OTHER LOCATION WHERE 18 IS NOT THE AGE OF MAJORITY) TO HAVE
ACCESS TO ANY OF THE MATERIALS CONTAINED WITHIN THIS SITE. I UNDERSTAND
THAT WHEN I GAIN ACCESS TO THIS SITE, 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, I BELIEVE, 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 JUDGEMENT, 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. I FURTHER REPRESENT
AND WARRANT THAT I HAVE NOT NOTIFIED ANY GOVERNMENTAL AGENCY, INCLUDING
THE U.S. POSTAL SERVICE, THAT I DO NOT WISH TO RECEIVE SEXUALLY
ORIENTED MATERIAL."
7. RESTRICTED LOCATIONS THE SITE MAY NOT BE ACCESSED, VIEWED, DOWNLOADED
OR OTHERWISE RECEIVED IN ANY COUNTRY OR LOCATION IN WHICH DOING
SO WOULD, OR COULD BE DEEMED A VIOLATION OF ANY LAW, REGULATION,
RULE, ORDINANCE, EDICT OR CUSTOM.
8. NON-ASSIGNABILITY / THEFT OF LOGIN
You're Membership, username and password (Login) may not be assigned
or transferred to any other person or entity. Users and Members
must promptly inform
Nicemuffs.com or the Site of any apparent breach of security, such
as loss, theft, or unauthorized disclosure or use of a username
or password. Until Nicemuffs.com or the Site is notified, by e-mail,
or by telephone of any breach in security, you will remain personally
liable for any unauthorized use of the Service.
9. As a Member you are personally liable for, and shall defend,
indemnify and hold harmless Nicemuffs.com, the Site and the Site
owner from any and all damages (including loss of profits, loss
of property, fines and penalties), losses and costs (including attorneys'
fees) resulting from any attempted or actual unauthorized downloading
or other duplication whether solely by user or Member or with or
under the authority of any other including governmental agency.
10. A Full Membership to the Site provides you with permission
to use features of the Site for personal, non-commercial use. As
customers, visitors to the Site hereby granted with authorization
to download on a single computer only, any of the information found
on the Site for personal, non-commercial use only. Commercial use
of the Site, or any material located on it, is strictly prohibited.
In addition, you may not modify any of the materials found on the
Site; use them for any public display, performance, sale or rental;
remove, modify or alter any copyright or other proprietary notice,
or trademarks; or transfer any material located on the Site to any
other person.
11. If you make repeated, unsuccessful attempts to log-in to the
Site, you may be temporarily blocked from logging-in to the Site.
This is done in order to prevent attacks on the Site that may influence
on the Site's services.
12. You must keep your Login strictly confidential. For security
reasons, Nicemuffs.com will not release passwords for any reason,
to anyone other than to Members, except as may be specifically required
by law or court order.
13.THE MATERIALS ON THE SITE ARE PROVIDED "AS IS" WITHOUT
ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES
OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR
FITNESS FOR A PARTICULAR PURPOSE. Nicemuffs.com OFFERS NO ASSURANCE
OF UNINTERRUPTED OR ERROR FREE SERVICE. Nicemuffs.com DOES NOT WARRANT
THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS,
LINKS OR OTHER ITEMS CONTAINED ON THE SITE. ANY OF THE INFORMATION
OFFERED ON THE SITE MAY CHANGE AT ANY TIME WITHOUT NOTICE. TO THE
EXTENT SUBSCRIBER IS LOCATED WHERE SUCH DISCLAIMER IS INAPPLICABLE
OR RESTRICTED, THE DISCLAIMER MAY NOT APPLY AND SUBSCRIBER MAY HAVE
LEGAL RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION.
14. Nicemuffs.com AND THE SITE MAKE NO REPRESENTATION AS TO ANY
OF THE INFORMATION FOUND AT THE SITE. SHOULD THE MATERIALS OR SERVICES
PROVIDED PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO EQUIPMENT OR
ANY LOSS OR INCONVENIENCE TO SUBSCRIBER OR ANYONE CLAIMING THROUGH
SUBSCRIBER, SUBSCRIBER ASSUMES THE ENTIRE COST AND RESPONSIBILITY
FOR SAME.
15. Under no circumstances shall the Site be held liable for any
direct or indirect damages, to any user, participant and/or other
third party that may arise due to "downtime" and/or availability
of the Site or the Site's systems.
16. IN THE EVENT Nicemuffs.com OR THE SITE ARE FOUND LIABLE FOR
ANY FAILURE TO PERFORM, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY
OR OTHERWISE AND REGARDLESS OF WHETHER BASED UPON BREACH OF CONTRACT,
NEGLIGENCE OR ANY OTHER CLAIM OR CAUSE OF ACTION, THE MAXIMUM LIABILITY
OF Nicemuffs.com, THE SITE AND THE SITE OWNER SHALL BE LIABLE FOR
NO MORE THAN THE AMOUNT OF THE SUBSCRIPTION FEE PAID BY OR ON BEHALF
OF THE SUBSCRIBER FOR THE PRECEEDING MONTH. SOME STATES OR JURISDICTIONS
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY. HOWEVER, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY
SHALL Nicemuffs.com, THE SITE OR THE SITE OWNER, OR ANY OF THEIR
SUPLIERS, LICENSES OR OTHER SUBSCRIBERS BE LIABLE, TO SUBSCRIBER
OR OTHERS FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF GOOD
WILL, WORK STOPPAGE, COMPUTER OR OTHER EQUIPMENT FAILURE OR MALFUNCTION.
17. All materials on the Site are proprietary, constitute valuable
intellectual property, are copyrighted and are protected under treaty
provisions and worldwide copyright laws. The Site's materials may
not be reproduced, copied, edited, published, transmitted or uploaded
in any way without written permission.
18. Any notes, messages, e-mails, pictures, ideas, suggestions,
concepts or other material submitted will become the property of
Nicemuffs.com throughout the universe and Nicemuffs.com, The Site
shall in entitled to use the material for any type of use forever
including in any media whether now known or hereafter devised. When
you submit material to Nicemuffs.com web site, you agree that Nicemuffs.com
HAS THE RIGHT to publish the material for any type of use including
promotional, commercial and advertising purposes.
19. Nicemuffs.com,The Site is not responsible for any material
posted on our forums.
20. Nicemuffs.com may transfer any and all of your information
to related parties and its affiliates. Among others, the Site may
disclose any and all personal information to other people or agencies
in order to:
(a) Follow the law or comply with legal process served on our affiliates;
(b) Protect and defend our rights or property or those of our users;
(c) Act as quickly as needed to protect the personal safety of
our users or other people;
21. The Site enables you to share information with other Members
and/or users. The Site also enables you to use a message center.
You agree not to submit, publish, or display any defamatory, inaccurate,
abusive, threatening, racially offensive, or illegal material on
the Site and/or on the message center. Transmission of such material
that violates any federal, state, or local law, is prohibited and
is a breach of these Terms and Conditions. You understand that the
Site may not allow you to send emails, in case you exceed a daily
number of emails. You agree not to engage in advertising to, or
solicitation of other Members and/or users to buy or sell any products
or services through the Site without prior written consent. You
alone are responsible for information you send, or display through
the Site even if a claim should arise after termination of service.
All messages you send via the Site shall be deemed to be readily
accessible to the general public. Do not use the Site for any communication
for which the sender intends only the sender and the intended recipient(s)
to read. Notice is hereby given that all messages entered into this
Site can and may be read by the operators of the Site, whether or
not they are the intended recipient(s).
Nicemuffs.com operates a service, which will address users, at
its sole discretion, and help users connect to the Site's nature.
Among others, this service will encourage the users to write to
other users and/or to the service itself, by emailing the users.
These emails/messages shall bear the following sign on the bottom
of the email/message: ***.
As a user you may receive occasional emails from other users on
the Site, forwarded by the Site to you as well as to the other users
of the Site. These emails shall bear the word: forward on them.
BY ACCEPTING THESE TERMS AND CONDITIONS, AND AS A USER
OF THE SITE, YOU AGREE TO RECEIVE SUCH EMAILS FROM THE SITE. YOUR
ACCEPTANCE OF THESE TERMS AND CONDITIONS, AS EXPRESSLY INDICATED
BY CLICKING ON THE BUTTON BELOW, INDICATES THAT AS A SUBSCRIBER
YOU WISH TO RECEIVE SUCH EMAILS.
As described above, Nicemuffs.com may from time to time send you
email to help users connect to the site's nature. These emails will
be sent to the Message Center of the Site. If at any time you wish
to stop receiving such emails, all you need to do is press on unsubscribe
link in this emails.
22. Every user of the Site hereby warrants and represents that
he or she is over the age of 18 (21 in AL, MS, NE, WY, and any other
location where 18 is not the age of majority), and in all respects
is qualified and competent to enter into this agreement.
23. In addition to these Terms and Conditions, the Site may have
additional Terms and Conditions that are, and shall become, an integral
part of these Terms and Conditions. All Terms and Conditions apply
to Nicemuffs.com, the Site, and to users and/or Members (where relevant).
These Terms and Conditions supersede all prior written or oral understandings,
writings and representations and may only be amended by Nicemuffs.com
or the Site. If any provision of these Terms and Conditions is held
void or unenforceable to any extent, such provision shall be deemed
excised and removed only to the extent to make the remaining provisions
and these Terms and Conditions enforceable. Unless otherwise specifically
provided, the provisions of these Terms and Conditions shall survive
its termination.
24. In any case the Site is terminated and ceases all operations
on the Site it is hereby clarified that all Memberships (of all
kinds) are terminated immediately, without any prior notifications
by any party.
25. Notices by the Site to you may be given by means of electronic
messages through the Site, by a general posting on the Site, or
by conventional mail.
Notices by you to the Site and/or Nicemuffs.com may be given by
electronic messages, conventional mail, telephone or fax unless
otherwise specified in these Terms and Conditions. All questions,
complaints, or notices regarding the Site to Nicemuffs.com must
be sent by clicking on the "Help" button below.
26.SUBSCRIPTION FEES
The Subscriber's payment will be discreetly processed by the *CCBill
service, Nicemuffs.com's Authorized Sales Agent. The Subscriber
is obligated to pay:
$ 19.99 for a 30 Day Membership via Credit Card ( Membership automatically
renews at $19.99 a month, every 30 days, until Subscriber cancels
)
$ 7.99 for a 7 Day Membership via Credit Card (non recurring –
one time billing)
$ 3.99 for a 2 Day Membership via Credit Card (non recurring –
one time billing)
*CCBill is fully secured and guaranteed to ensure the subscriber
absolute privacy and reliability in the amount charged. Credit card
statements are discreetly charged as: CCBILL Ltd .
Please note that you will remain subject to the lower price of
the following two options:
(a) The valid price upon your joining;
(b) The current prices of the Site.
Subscription fees are non-refundable once Subscriber's username
and password have been used to access the Site.
Upon cancellation your Membership will be no longer valid, you
will no longer be able to access the site and all of your member
privileges will cease.
However, you are charged for your membership, by a monthly charge.
Therefore, if you choose to cancel your membership prior to the
beginning of the month, you will be billed for a month's membership
but will not be able to access the site for the rest of the month.
(For example: if you cancel your membership after two weeks, you
will be billed for that month's membership but will not be able
to access the site prior to your cancellation notice).
27. REFUNDS
Subscription fees are non-refundable once Subscriber's username
and password have been used to access the Site.
NO refunds will be made by cash or check.
We will issue a credit in most cases if there is a major technical
problem. We are very liberal in giving credits.
28. TERMINATION / CANCELLATION
Your Membership may be terminated at any time, and without cause,
by Nicemuffs.com, the Site, or by you upon notification through
the resign feature at the site. When either you or the Site terminates
your Membership, you are not entitled to receive refunds for your
Membership Fees. Membership Fees are NOT refunded.
Upon cancellation your Membership will be no longer valid, you
will no longer be able to access the site and all of your member
privileges will cease.
In any case the Site is terminated and ceases all operations on
the Site it is hereby clarified that all Memberships (of all kinds)
are terminated immediately, without any prior notifications by any
party.
You are charged for your membership, by a monthly charge. Therefore,
if you choose to cancel your membership prior to the beginning of
the month, you will be billed for a month's membership but will
not be able to access the site for the rest of the month. (For example:
if you cancel your membership after two weeks, you will be billed
for that month's membership but will not be able to access the site
prior to your cancellation notice). |