You must read and agree to these terms and conditions before you can become an active member of SMASHHD.COM (the "Service"), a service of Smash Pictures (the "Company").
1. By subscribing to SMASHHD.COM you become a Subscriber 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 SMASHHD.COM. This Agreement is subject to change by Company at any time, and changes are effective upon notice to the Subscriber.
2. You must be 18 years of age or older (21 in some areas) to receive a membership. All trial memberships will renew at the monthly rate of $29.95, unless cancelled 24 hours prior to the end of the trial. All 30 day memberships will automatically be renewed at the normal monthly rate of $29.95. You must provide your transaction ID # or your username and password and your email address in order for us to cancel the rebilling of same credit card. YOU MUST PRESENT THIS INFORMATION TO US 24 HOURS PRIOR TO THE ENDING OF YOUR 3 DAY TRIAL. WE NEED ALL THIS IN ORDER FOR US TO CANCEL AUTOMATIC REBILLING FOR YOU.
3. ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED AT SMASHHD.COM ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE THE MATERIALS, MESSAGES AND OTHER COMMUNICATION CONTAINED AT SMASHHD.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 YEARS MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF SMASHHD.COM OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN SMASHHD.COM. YOU HEREBY ACKNOWLEDGE THAT MATERIALS PRESENTED AT AND DOWNLOADABLE FROM SMASHHD.COM INCLUDE VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND HETEROSEXUAL, BI-SEXUAL, HOMOSEXUAL, AND TRANSEXUAL SEXUAL SITUATIONS, 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.
4. I agree to be personally liable and fully indemnify Company for any and all damages directly, indirectly and/or consequentially resulting from my attempted or actual unauthorized downloading or other duplication of materials from SMASHHD.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 SMASHHD.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.
b. Full payments for all goods and services ordered at, through and/or from Company 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 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. Until Company is notified, by electronic mail at [email protected], of a breach in security, the Subscriber will remain liable for any unauthorized use of the Service. Upon request, Subscribers will be given access to billing records that support charges for use of the Service.
7. Payment for the services provided to you at and/or through SMASHHD.COM 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.
8. Subscription to SMASHHD.COM may be terminated at any time, and without cause, by either Company or Subscriber upon notification of the other by electronic mail, or by telephone. You agree to be personally liable for all charges incurred by you during or through the use of SMASHHD.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 the Service. Access to and use of the Service is through the use of a password. Each Subscriber must keep his password strictly confidential. For security reasons, Company will not release passwords. Unauthorized access to the Service is a breach of this Agreement and a violation of law.
10. Company does not screen or endorse advertisements or communications submitted to SMASHHD.COM by third-party licensees, advertisers, or subscribers for electronic dissemination through SMASHHD.COM. Subscribers are therefore advised to use their own judgment to evaluate all advertisements and other communications available at or through the use of SMASHHD.COM prior to purchasing goods and/or services described at SMASHHD.COM or otherwise responding to any communication at SMASHHD.COM.
11. 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.
12. Company is not liable for damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any Software, data, advertisement or other communication at or through SMASHHD.COM.
13. No warranty is made by Company regarding any information, services, Software or products provided through or in connection with the SMASHHD.COM, and Company hereby expressly disclaims any and all warranties, including without limitation: 1) any warranties as to the availability, accuracy, or content of Software, 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.
14. All materials included at SMASHHD.COM are for the private use by Subscribers only. No other uses are intended by the Company and any other use is strictly prohibited.
15. This Agreement contains the entire agreement between the Subscriber and Company regarding Subscribers' use of SMASHHD.COM and all materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral under- standings, 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. 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.
17. REFUNDS AND CANCELLATIONS POLICY: You acknowledge that membership to this website is a monthly charged subscription service and by joining as a member, you authorize that monthly renewals of your membership will occur and that you will remain a member of this site until you cancel your subscription by contacting our support department at [email protected] or through the individual reseller that you signed up with. You further understand and agree that all cancellations must be done by you the customer at least 24 hours prior to the end of current membership period to avoid rebilling and that all cancellations cannot be accepted until at least 24 hours after the initial signup to allow for proper processing of the subscription and activation of the account. You further realize and agree that all membership options are rebilled and all membership options are paid in full all at once in a single charge. You further realize and agree that all requests for refunds of memberships to SMASHHD.COM are handled on an individual case-by-case basis that review for fraud. You further agree that calling your credit card company or bank to dispute and refuse the charges made by your legitimate purchase is not a legitimate method of cancellation of your membership, nor its renewing subscription charges.
BY JOINING SMASHHD.COM YOU ARE INDICATING 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 SMASHHD.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, THEN CEASE ALL ATTEMPTS TO JOIN SMASHHD.COM AND LEAVE IMMEDIATELY.