| You
must read and agree to these terms and conditions before you can
become an active member of LUCEBLU.COM. Please read them carefully.
1. For good and valuable consideration, the sufficiency of which
is acknowledged by you and the Company, you hereby agree to become
a subscriber to LUCEBLU.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 LUCEBLU.COM.
Subject to the terms and conditions set forth in this Agreement,
the Company agrees to provide to you all the privileges of subscription
to LUCEBLU.COM available to a Subscriber in good standing. This
Agreement is subject to change by Company at any time, and changes
are effective upon notice to the Subscriber by e-mail, posting
at or via hyperlink to LUCEBLU.COM, or by mail.
2.
ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS,
CONTAINED AT LUCEBLU.COM ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY
TO CONSENTING ADULTS IN LOCATIONS WHERE THE MATERIALS, MESSAGES
AND OTHER COMMUNICATIONS CONTAINED AT LUCEBLU.COM 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 LUCEBLU.COM OR PLACE ANY
ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN LUCEBLU.COM.
YOU HEREBY ACKNOWLEDGE THAT MATERIALS PRESENTED AT AND/OR DOWNLOADABLE
FROM LUCEBLU.COM INCLUDE EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL
DEPICTIONS OF NUDITY AND HETEROSEXUAL, BI-SEXUAL, AND/OR 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.
3. I acknowledge and agree that all materials contained at LUCEBLU.COM
are proprietary and constitute valuable intellectual property.
I acknowledge and agree that as such, I may only access, view,
download, receive and otherwise use the materials available at
LUCEBLU.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
the Company does not authorize such access, viewing, downloading,
receipt or other use. I hereby acknowledge and agree that no materials
from any parts of LUCEBLU.COM 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 prohibited
by law. I agree that any and all unauthorized access, viewing,
downloading, receipt, duplication or other use of materials from
LUCEBLU.COM, in which I am 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 LUCEBLU.COM's and potentially
other's intellectual property rights and other rights in such
materials and shall further constitute a violation of LUCEBLU.COM's
trademark and other rights, including, but not limited to, rights
of privacy.
4.
I agree to be personally liable and fully indemnify LUCEBLU.COM
for any and all damages directly, indirectly and/or consequentially
resulting from my attempted or actual unauthorized downloading
or other duplication of materials from LUCEBLU.COM 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 LUCEBLU.COM including, but not limited to,
damages resulting from loss of revenue, loss of property, fines,
attorney's fees and costs, including, without limitation, damages
resulting from prosecution and/or governmentally imposed seizure(s),
forfeiture(s), and/or injunction(s).
5.
Some or all of the following fees and charges may be incurred
by the Subscriber:
a. Subscription Fees. 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 LUCEBLU.COM.
For your convenience and satisfaction, all 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 LUCEBLU.COM
subscription rates. YOUR PRICING FOR TRIALS AND MONTHLY GOES HERE.
All membership cancellations can take place by visiting our MEMBER
SERVICES area.
b.
Other fees and/or charges for goods and services ordered at, through
and/or from LUCEBLU.COM and its licensees.
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 LUCEBLU.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. Until Company is notified,
by conventional mail, web
site form, or by telephone to LUCEBLU.COM's Customer Service
Department at (888) 968-5834, during normal business hours of
a breach in security, the Subscriber will remain liable for any
unauthorized use of LUCEBLU.COM. Upon request, Subscribers will
be given access to billing records that support charges for use
of the LUCEBLU.COM.
7.
Payment for the services provided to you at and/or through LUCEBLU.COM
may be made by automatic credit card or check 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 LUCEBLU.COM,
or as unauthorized any charge by LUCEBLU.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 LUCEBLU.COM
or any fraudulent reporting of an unauthorized charge to LUCEBLU.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 LUCEBLU.COM remains outstanding
at the time of such fraudulent reporting, you shall be liable
to LUCEBLU.COM 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.
8.
Subscription to LUCEBLU.COM 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.
You agree to be personally liable for all charges incurred by
you during or through the use of LUCEBLU.COM. Your liability
for such charges shall continue after termination of your membership
for any reason.
9.
Subscribers are responsible for providing all personal computer
and communications equipment necessary to gain access to LUCEBLU.COM.
Access to and use of LUCEBLU.COM is through the use of a password.
Each Subscriber must keep his password strictly confidential.
For security reasons, LUCEBLU.COM will not release passwords.
Unauthorized access to LUCEBLU.COM is a breach of this Agreement
and a violation of law.
10.
Subject to the terms and conditions set forth herein, LUCEBLU.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 LUCEBLU.COM 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 LUCEBLU.COM, 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.
11.
Except for public domain material or material otherwise licensed
to Company for electronic dissemination, all Materials displayed
at or otherwise available through LUCEBLU.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 Company. All editions of LUCEBLU.COM, and all
Materials and other matter used directly or indirectly in, at,
by, through and/or with LUCEBLU.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 LUCEBLU.COM 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.
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 LUCEBLU.COM.
13.
Company does not screen or endorse advertisements or communications
submitted to LUCEBLU.COM by third-party licensees, advertisers,
or subscribers for electronic dissemination through LUCEBLU.COM.
Subscribers are therefore advised to use their own judgment to
evaluate all advertisements and other communications available
at or through the use of LUCEBLU.COM prior to purchasing goods
and/or services described at LUCEBLU.COM or otherwise responding
to any communication at LUCEBLU.COM.
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, 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 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.
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 LUCEBLU.COM.
16.
No warranty is made by Company regarding any information, services,
Materials or products provided through or in connection with the
LUCEBLU.COM, 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.
17.
"LUCEBLU.COM" is a service mark of LUCEBLU.COM, INCORPORATED.
All rights are reserved.
18.
All materials included at LUCEBLU.COM are for the private use
by Subscribers only. No other uses are intended by the Company
and any other use is strictly prohibited.
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 LUCEBLU.COM 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 LUCEBLU.COM. You are solely responsible for all information
which you submit, publish, display, disseminate or otherwise communicate
through LUCEBLU.COM 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 LUCEBLU.COM 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 LUCEBLU.COM can
be read by the operators and/or other agents of Company, whether
or not they are the intended recipient(s).
20.
Notices from LUCEBLU.COM to Subscribers may be given by means
of e-mail, by general posting on LUCEBLU.COM, 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 LUCEBLU.COM may be sent in the following manner:
a.
by means of the web
site form
b. by telephone to LUCEBLU.COM's Customer Service Department
during normal business hours to 888-968-5834.
21. This Agreement contains the entire agreement between the Subscriber
and Company regarding Subscribers' use of LUCEBLU.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 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 surviveits
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 LUCEBLU.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 YOURSITE.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".
SI, SONO
D'ACCORDO
NON
SONO D'ACCORDO |