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Terms and Conditions

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

Chic Web inc. is the operator of netcum.net. Hereinafter, Chic Web inc. shall be referred to as "Company". When first-person pronouns are used in this Agreement, (Us, We, Our, Ours, etc.) these provisions are referring to Chic Web inc. and/or to any other site that we may choose to operate in the future. Additionally, when the terms "the Site" , "Site" or "netcum" are used, these terms refer to netcum.net, any predecessor or successor domain or URL, along with any website published by Us, unless a site is specifically exempt from this Agreement. Our Site(s), and the services the Site provides ("Services"), may contain images and content, including but not limited to text, software, images, graphics, data, messages, or any other information, and any other website content owned, operated, licensed, or controlled by the Company (collectively, "Contents").

We reserve the right, at our discretion, to update or revise these Terms and Conditions at any time. We may not post notices regarding changes, so you must check these Terms and Conditions periodically for changes. Your use of this website following the posting of any changes to the Terms and Conditions will be deemed your acceptance of such change(s).

Eligibility

You affirm that you are at least 18 years of age or the age of majority in the jurisdiction you are accessing the Site from, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. If you are under 18 or the applicable age of majority, you are not permitted to submit personal information to us or use the Site. You also represent that the jurisdiction from which you access the Site does not prohibit the receiving or viewing of sexually explicit content.

By using and/or viewing this website you represent and warrant under penalty of perjury the following:

Content posted on the Site

As a netcum user you may join the community of content contributors and submit Image & Video content (User Uploads) and textual content (comments). User Uploads and comments is collectively referred to as User-Submitted Content. You understand netcum does not guarantee any confidentiality with respect to any User-Submitted Content, and that any User-Submitted content is specifically intended to be viewed by any age-qualified person viewing the netcum site.

You shall be solely responsible for your own User-Submitted Content and the consequences of posting or publishing content. In connection with User-Submitted Content, you affirm, represent, and/or warrant that: you won or have the necessary licenses, rights, consents and permissions to use and authorize netcum to use all patent, trademark, trade secret, copyright, right to privacy, right to publicity, or other proprietary commercial or personal rights in and to any and all User-Submitted Content to enable inclusion and use of the User-Submitted Content in the manner contemplated by the netcum website and these Terms of Use.

You understand and agree that the Content displayed on netcum is posted by third parties. netcum is not liable or responsible for Content posted by third parties.

netcum claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Content posted by third parties and nothing in this Agreement is intended to waive, remove, or usurp such immunity.

You understand and agree that netcum may delete any Content that in the sole judgment of netcum violates the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of netcum, its employees, associates or users. netcum is not responsible for any failure or delay in removing such Content.

This website may display images from, or otherwise link you, to other websites on the Internet. These websites may contain information or material that some people may find inappropriate or offensive. These other websites are not under netcum control, and you acknowledge that netcum is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites. The inclusion of such a link does not imply endorsement of the website by netcum or any association with its operators.

You are solely responsible for the Content that you post on this website or otherwise transmit to other netcum users.

By posting Content on this website, you automatically grant, and represent and warrant that you have the right to grant, to netcum and visitors of netcum, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information, rights of publicity and Content and to prepare derivative works of, or incorporate into other works and other media, such information and Content, and to grant and authorize sublicenses of the foregoing.

You acknowledge that netcum is acting as a passive conduit of User-Submitted Content and that netcum is not undertaking any obligation or liability relating to any content or activity on the website. As such, netcum acts merely as a forum for the expression of ideas, thoughts, and information. netcum is not responsible for any inaccurate, wrong, offensive, inappropriate, or defamatory content that is contained herein.

netcum is not responsible for any User-Submitted Content that violates a community norms or mores. netcum expects and demands that you comply with all federal, state, provincial and local laws when using the website and when submitting or posting Content to the website. If you are unsure whether or not Content will violate a law, you are urged to contact an attorney prior to posting the Content. netcum cannot enforce every jurisdictions laws for all Content that is posted to this site. As such, netcum is not responsible for the User-Submitted Content of the website.

netcum and its administrators reserve the right (but not the obligation) in their sole discretion to refuse, delete, move or edit any and all Content that it deems is in violation of the law (including trademark and copyright law), or is abusive, defamatory, obscene or otherwise unacceptable, and you expressly agree that removal of any content by netcum is not to be construed as endorsement of any remaining content, and you expressly agree that you will never assert that netcum edits or amends any content for the purpose of establishing that netcum is a producer or author of ay User-Submitted Content viewed via the netcum services.

You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness, or lawfulness of such Content. In this regard you acknowledge that you may not rely on any Content created by netcum or User-Submitted Content transmitted to the website. You are responsible for all your Content that is uploaded, posted, emailed, transmitted or otherwise made available via the Service.

A partial list of content that is illegal or prohibited includes content that:

Provides material that constitutes child pornography or which involves depictions of nudity or sexuality by an age-inappropriate-looking performer (i.e., someone who looks younger than 18, regardless of their actual age) or by a performer who is portrayed or otherwise made to appear as a person under the age of 18 by virtue of the script, make-up, demeanor, costuming, settings or props; This includes comments that talk about real life sexual accounts with underage individuals. This includes educational fictitious events;

Provides material that constitutes bestiality or which involves or implies depictions of sexuality with animals, or by a performer who is portrayed or otherwise made to appear as an animal by virtue of the script, make-up, demeanor, costuming, settings or props; This includes comments that talk about sexual accounts with animals. This includes educational fictitious events;

Exploits or solicits personal information from anyone under 18;

Violates any national, federal, state, provincial or local laws, rules, regulations, or ordinances concerning obscenity;

Provides material associated with rape or simulated rape;

Harasses or invades the privacy of another person;

Provides instructional information about illegal activities such as making or buying illegal weapons, violating someones privacy, or providing or creating computer viruses;

Promotes an illegal or unauthorized copy of anothers copyrighted work, such as pirated computer programs or links to them, or providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;

Involves transmission of junk mail, chain letters or unsolicited commercial email or spam;

Promotes information you know is false, misleading or promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory or libelous;

Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

Includes any material not fully in compliance with United States Code, Title 18, Section 2257 et seq or any other applicable statutes, or laws of any other jurisdiction concerning depictions of sexually explicit conduct;

Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

Involves sending advertisements in comments or messages;

Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;

Includes any file or data stream that contains viruses, worms, Trojan horses or any other destructive features.

You agree that netcum may review complaints about User-Submitted Content and take action upon such complaints at its sole discretion.

You are solely responsible for any content you post and motherless will investigate and take legal action, in its sole discretion, against anyone who violates these Terms of Use, including removal of the offending post from the service and termination of your account. Please note that you may not permit any other person to use your account and that you must immediately inform us of any apparent breach of security, such as loss, theft or unauthorized disclosure or use of a username or password.

Code of conduct

You agree that you will not post, or otherwise distribute or facilitate distribution of any Content that:

is illegal, unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of anothers privacy or publicity rights, tortious, or otherwise violates netcum rules or policies;

infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

constitutes unauthorized of unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;

contains information, material, or pictures of any person who is not both eighteen (18) years old or over, and over the age of majority in such persons state, province, or country of residence; or that is otherwise prohibited on our Rules and Guidelines page.

You also agree that you will not:

harvest or collect information about the users of this website;

use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications;

knowingly solicit or collect personal information from a minor under eighteen (18) years of age;

use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission;

use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of netcum;

take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or act in bad faith against this website or netcum.

You further agree to use only your own account to login to this website, establish a secure password, and to not make your login credentials available to anyone else. You agree that you are responsible and liable for any actions on your account even if they are performed by a third party.

If you are on a computer terminal that may be accessed by persons other than yourself, you agree to log out of the website by clicking the Logout button, and not to allow the browser to save or otherwise store your personal username and password.

If you access the website and find it is already logged in under another account, you must immediately logout of the website by clicking the Logout button.

Transactions and fees

All sales and transactions are final. netcum does not guarantee the availability of a refund, whether in website account credits (hereafter, Tokens) or money, for any reason. netcum may provide refunds at its own sole discretion; however, it is under no obligation to do so. Please see our Billing Help page for more information.

Tokens have absolutely no cash value and are for entertainment purposes only. Unused Tokens are not eligible for any full or partial refunds. netcum may modify the number of Tokens held in your account for any reason(s), including but not limited to: purchases, refunds, charge-backs, fraud, customer support issues, technical errors, account inactivity, penalties or fines.

The fees for using this website are set forth and provided to you in the Instructions and Features page and in other places throughout the website. netcum may change the fees, or introduce new fees at any time.

Any purchase you make at this website must be paid for using a payment method of which you are the owner or authorized signer.

You are liable and responsible for all purchases made on your account with netcum, regardless of whether or not the purchase is made by someone else, regardless of whether or not the purchase was authorized, and regardless of the true owner of the payment method used to fund the purchase.

Any communication regarding a refund or transaction reversal must be made to netcum support at our Contact Support page. Inquiring about, requesting or receiving any transaction reversal, refund or charge-back from the payment processor, credit card, bank, or any other entity other than netcum is strictly prohibited and will constitute fraud and an intentional breach of this Agreement, for which netcum will pursue full legal remedies.

Fraud

Any attempt at fraud will result in a permanent ban, without payment. (e.g., working together with a customer or hacker to accept private shows paid for with stolen credit cards).

Performers are required to report all such suspicious activity, or the performer may be considered complicit.

Proprietary rights and restrictions

You acknowledge and agree that all content and materials available on this website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and by other laws and that their use is restricted by the terms of this Agreement. netcum, the netcum website, and the netcum product and service names are trademarks and/or service marks of Chic Web inc. and are owned exclusively by Chic Web inc.. You will not display or use the netcum Marks in any manner, without netcum prior written permission. Except as expressly authorized by netcum in writing, you agree not to record, sell, resell, exploit for any commercial purposes, license, rent, modify, distribute, copy, reproduce, duplicate, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any portion of such materials or content. Systematic retrieval of data or other content from this website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from netcum is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.

Specifically, all Content, video, audio, and text appearing on the netcum website may not be recorded or disseminated in any way.

Copyright Policy/DMCA Notice

To view our DMCA page please click HERE!

Disclaimers of warranties

netcum, including its shareholders, officers, directors, agents, employees, members, subsidiaries and affiliated companies, is not responsible for any incorrect or inaccurate Content posted on the website or in connection with the netcum service, whether caused by users, or by any of the equipment or programming associated with or utilized in the service, nor for the conduct of any user and/or member of the netcum service, whether online or offline. netcum assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or member communications. netcum is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other persons computer related to or resulting from participating or downloading materials in connection with the website and/or in connection with the netcum service. netcum offers no guarantee as to the confidentiality and security of information that you may provide to netcum. Under no circumstances will netcum be responsible for any loss or damage resulting from anyones use of the website or the service and/or any Content posted on the website or transmitted to netcum users. netcum cannot guarantee and does not promise any specific results from use of the website and/or the netcum service.

The materials on netcum web site are provided "as is". netcum makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Netcum does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Limitation of liability

By agreeing to use the Internet services offered by netcum, you agree that netcum is immune from liability under the fullest extent of the law, and/or as provided by the Communications Decency Act, as to any content and nothing in these Terms of Use is intended to waive or diminish such immunity. You understand and expressly agree that netcum reserves the right to monitor some, all, or no areas of the website for adherence to these Terms of Use or other rules that may be published from time to time and may delete any content, User-Submitted Content or profiles that in its sole judgment violates these Terms of Use. In no event shall netcum, its officers, directors, employees, or agents, be liability to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the website, (v) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the website by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the netcum website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. netcum liability in any case shall not exceed the sum of $500.00 USD. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that netcum shall not be liable for user-submitted content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

Indemnity

You agree to defend, indemnity and hold harmless motherless, its parent corporation, officers, directors, shareholders, employees and agents, server maintenance and contributors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys fees) arising from: (i) your use of and access to the netcum website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User-Submitted Content caused damage to a third party. This defence and indemnification obligation will survive these Terms of Use and your use of the netcum website or services.

International use

netcum makes no representation that materials on this website are appropriate or available for use in any particular locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from any location do so on their own initiative, at their own risk, and are responsible for compliance with local laws. If you use this website in a jurisdiction that prohibits or restricts such use, your use will be subject to, without limitation, any other provision of the Terms of Use, and netcum shall not have any liability with respect to such use.

Choice of law and forum

These Terms of Use shall be governed by and construed in accordance with the laws of the Country of Canada, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this website shall lie only in the courts of Canada, and you further agree to and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Severability and integration

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and netcum with respect to this website and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and netcum with respect to this website. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Term and Termination

This Agreement shall be effective as of the Effective Date and have an initial term of one (1) year. This Agreement shall be automatically extended for one (1) year term(s) (the Renewal Term) any time that you enter the website. Unless terminated, this Agreement shall be automatically extended for additional one (1) year term(s) upon expiration of the previous term.

netcum reserves the right to terminate this Agreement for any time, for any reason, with or without cause. This Agreement may be terminated by an e-mail from you to netcum, or by an e-mail from netcum to you, or by the deactivation of your account or username at the website by netcum.

All rights granted by you to netcum during the term of this Agreement shall survive the termination of this Agreement by either party.

netcum reserves the right, in its sole discretion, to terminate your access to all or part of this website, with or without notice, for any reason, including, without limitation, if netcum believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use.

You acknowledge that motherless shall not be liable to you or any third party for any termination of your access to this website.

Upon termination, you will not be entitled to any refund of any unused subscription fees or Tokens.

Even after this Agreement is terminated, its provisions will remain in effect.

Privacy Policy

Use of this website is governed by our Privacy Policy which may change upon posted notice.

Notices

netcum may serve you notice by sending an email to your email address on your account.

For copyright & file removal issues, you may serve notice to netcum by sending an email to info(at)netcum.net

For other legal issues you may serve notice to netcum by sending an email to info(at)netcum.net