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Terms of Service
(Membership Agreement)
1.) By entering our site, I represent that I have read and agree to all of the terms of this Membership Agreement I certify that I am over 18 years old (over 21 in AL, MS, NE and WY). 2.) I am familiar with and I understand the standards and laws of the community in which I live regarding sexually-oriented media. I represent that, based on my familiarity with these standards and laws of my community, by requesting and receiving any of the adult material on My-Journal.com I will not be violating any of these standards and/or laws. I understand that by accepting the terms of this agreement I will hold My-Journal.com, its directors, officers, employees, agents, successors, licensees, and assigns harmless from and against any and all claims, liabilities, damages, costs or expense related to my requesting, receiving or possessing materials contained or offered on its site. 3.) I understand and I agree to the terms of membership, namely: a) that if I join as a "CHARTER MEMBER" I will receive all services of this website free of charge for the duration of the existence of this site, unless such service is revoked for violation of these terms of service. b) that CHARTER MEMBER status, once granted, will not be revoked. c) that in the future it is likely that new members (non-charter members) will be charged a monthly fee for writing and/or reading journals on this site, including for reading any that I may write. 4.) I agree that My-Journal.com has the right to change all pricing, content, and hours of service at any time, and to immediately terminate service to any person without cause or prior notice. 5.) I agree not to use My-Journal.com to send, or submit for public posting any abusive, obscene, threatening, libelous, slanderous, or illegal matter or material, containing blatant expressions of bigotry, racism or hate. I further agree not to send, or submit for public posting any copyrighted matter or material, without the specific authority of the copyright owner. I agree to indemnify and hold My-Journal.com free and harmless from any and all claims, suits, damages, costs and expenses (including attorneys' fees) arising out of or in any manner related to any matter or material sent by me or submitted by me for public posting. It is acknowledged that My-Journal.com has the right to cancel or discontinue, in its sole discretion, and without cause, the posting of any matter or material sent by me or submitted by me. I acknowledge that My-Journal.com does not pre-screen Content, but that My-Journal.com and its designates shall have the right (but not the obligation) on their sole discretion to refuse or remove any Content that is available through the Service. Without limiting the foregoing, My-Journal.com and its designates shall have the right to remove any content that violates the TOS or is otherwise objectionable. I agree that I must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. Furthermore, My-Journal.com reserves the right to limit access to my journal, if found in violation of the TOS, by removing the journal and related user information from the member directory, search engine, and all other methods used in conjunction with finding journals and users. 6.) I understand and agree that no warranty is made by My-Journal.com regarding the My-Journal.com service, and My-Journal.com hereby expressly disclaims: (1) any and all warranties as to the availability, accuracy, or content of information, products, or services available through the My-Journal.com service; and (2) any warranties of merchantability or fitness for a particular purpose. I further understand and agree that any liability of My-Journal.com, 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 operation or transmission, computer virus, communications line failure, theft, destruction, alteration, or use of (or unauthorized access to) records, whether for breach of contract, breach of warranty, negligence or other tortuous behavior, shall be strictly limited to the amount paid to My-Journal.com by or on behalf of the claimant for My-Journal.com service membership fees for the month in which the claimed injury or damage occurred. Some states DO NOT allow the limitation or exclusion of liability for incidental or consequential damages for the above limitation or exclusion. This may not apply to me. 7.) 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 a combination of an ID, and a password. Each Subscriber must keep his password strictly confidential. Unauthorized access to the Service is a breach of this Agreement and a violation of law. 8.) Subscriber may not assign or transfer membership to any other person or entity. My-Journal.com however, reserves the right to assign or transfer membership to a party of its choice. Under such event, the terms, conditions and content will remain substantially similar. 9.) My-Journal.com claims no ownership or control over any Content posted by its users. The author retains all patent, trademark, and copyright to all Content posted within available fields, and is responsible for protecting those rights, but is not entitled to the help of the My-Journal.com staff in protecting such Content. 10.) The material on the Service is for the private, non-commercial enjoyment of Subscribers only. Any other use is prohibited. 11.) This Agreement contains the entire agreement between the Subscriber and My-Journal.com regarding the use of the Service, and supersedes all prior written and oral understandings and writings, and may only be amended upon notice by My-Journal.com to Subscribers. Unless otherwise explicitly stated, provisions of this Agreement shall survive its terminations. The Agreement shall be governed by the laws of the State of California. 12.) I am hereby advised that any purchases that I make of products or services offered by use of the site are final. |
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