Terms & Conditions
You must read and agree to these Terms and Conditions before you can join the Site. Please read them carefully. By purchasing a Membership to the site, you become a Subscriber and agree to be legally bound by these Terms and Conditions (the “Agreement”). This agreement is subject to change at any time, and changes are effective without notice upon each Subscriber.
These Terms and Conditions govern your use and access to this site: FOOTACULAR.COM
Definitions
The term “site”, as referred to in these Terms and Conditions shall mean the Internet site for which you are purchasing a user name and password (login) in order to access that site and enjoy its contents and benefits of Membership. The term “Service”, as referred to in these Terms and Conditions shall mean the content and/or products that are published on the site. The term “Member” or “Membership”, as referred to in the Terms and Conditions shall mean -The holder (Subscriber) of a valid user name and password (login) for the site during the term of Membership. The term “Subscriber”, as referred to in the Terms and Conditions shall mean – The End-user, Consumer, of the services of the site and holder of a valid user name and password (login) for the site. The term “Login”, as referred to in the Terms and Conditions shall mean – The combination of unique user name and password and used to access the site. A Login is a license to use the site for a period of time. The term “Bookmarking”, as referred to in the Terms and Conditions shall mean – The act of placing a Web page (URL) into a temporary file on the Subscribers browser so that the Subscriber may return to that page at a future date directly, without passing through any preceding pages. The Service is owned and operated by FootacularLLC (“Company” or “we” or “us”).
License
All content contained inside the site is protected under the laws of copyright, owned or under license to Footacular and represents proprietary and valuable intellectual property. Memberships to the site are provided for personal, non- commercial use by customers of the site. As customers, visitors to the site hereby granted a single copy license to download or print copies of 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 there from; or transfer any material located on the site to any other person. CCBILL, VEROTEL or SEGPAY and the site reserve the right to terminate this license at any time if you breach the terms of this agreement, in which case you will be obligated to immediately destroy any information downloaded, printed or otherwise copied from the site. Access to and use of the site is through a combination of a user name and a password (login). Each Subscriber must keep his or her login strictly confidential. For security reasons, CCBILL, VEROTEL or SEGPAY and the site. will not release passwords for any reason, to anyone other than the Subscriber, except as may be specifically required by law or court order. Unauthorized access to the site is a breach of this Agreement and a violation of law.
Bookmarking
Bookmarking to a page on the site whereby the Warning page(s) and/or Terms and Conditions are by-passed shall constitute an implicit acceptance of the Terms and Conditions herein and an explicit acknowledgement of age of majority.
Disclaimers
The materials on the site are provided “as is” without any express or implied warranty of any kind including warranties of merchantability, non-infringement of intellectual property or fitness for a particular purpose. CCBILL, VEROTEL or SEGPAY and the site offers no assurance of uninterrupted or error free service. CCBILL, VEROTEL or SEGPAY and the site 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. CCBILL, VEROTEL or SEGPAY and the site make no representation as to any of the information found at the site. In no event shall CCBILL, VEROTEL or SEGPAY or the site be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use or inability to use the material or information available on the site, even if CCBILL, VEROTEL or SEGPAY and the site has been advised of such damages. Subscribers are responsible for providing all personal computer and communications equipment necessary to gain access to the site. All materials on the site 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. Except as expressly stated in the limited license provision of these Terms and Conditions, purchase of a Membership does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information. If the site enables Subscribers to share information with other Subscribers, Subscribers agree not to submit, publish, or display on the Service any defamatory, inaccurate, abusive, threatening, racially offensive, or illegal material. Transmission of such material that violates any federal, state, or local law is prohibited and is a breach of this Agreement. Subscribers agree not to engage in advertising to, or solicitation of other Subscribers to buy or sell any products or services through the site without prior written consent. Subscribers are responsible for information they send, or display through the site even if a claim should arise after termination of service. All messages 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).
The Subscriber hereby warrants and represents that he or she is over the age of 18(21 in AL, MS, NE, and WY), and in all respects is qualified and competent to enter into this agreement.
Agreement To View Adult Material
The site is designed and intended SOLELY for ADULTS – people who are at least 18 years old (21 in AL, MS, NE, and WY)– 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 who is younger than 18 years old or 21 years old where 18 isn’t the legal age of majority (i.e.21 in AL, MS, NE, and WY) 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 or 21 years old where 18 isn’t the legal age of majority such as (21 in AL, MS, NE, and WY.” “I promise that I will not permit any person(s) under 18 years of age or 21 years old where 18 isn’t the legal age of majority such as(21 in AL, MS, NE, and WY 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 is both healthy and normal and, which, in my experience, is generally shared by 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 judgment, 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.”
Billing Description
All charges will discreetly appear as CCBILL, VEROTEL or SEGPAY on your credit card statement depending on the processor.
Fraud & Chargeback Rights
You hereby agree that all fraud and misuse of your card will be promptly reported to CCBILL, VEROTEL or SEGPAY or the site. You also agree that any disputes with billing, delivery, or service quality will be addressed and investigated through CCBILL, VEROTEL or SEGPAY or the site. Any charges disputed with your issuing bank or financial institution without first contacting CCBILL, VEROTEL or SEGPAY or the site for resolution may be construed as an attempt to defraud CCBILL, VEROTEL or SEGPAY or the site. Appropriate liquidated damages may be assessed by CCBILL, VEROTEL or SEGPAY or the site, in its discretion, against any individual who fraudulently obtains a membership or whose transaction later results in a chargeback to the account. Member agrees that the liquidated damage amount determined by CCBILL, VEROTEL or SEGPAY is reasonable, does not constitute a penalty, and is being established due to the difficulties and inconvenience associated with attempting to establish the exact amount of loss which may be sustained by CCBILL, VEROTEL or SEGPAY or the site due to excessive chargebacks to the account. Said individual shall indemnify and hold CCBILL, VEROTEL or SEGPAY and the site harmless from any and all claims, fines or other damages imposed by any credit card company or other entity due to excessive chargebacks which are the cumulative result of said individual’s fraudulent actions.
For questions or issues specifically associated with payments processed by CCBill please visit support.ccbill.com or Email [email protected]
For questions or issues specifically associated with payments processed by Verotel please visit vtsup.com or Email [email protected]
For questions or issues specifically associated with payments processed by Segpay please visit cs.segpay.com or Email [email protected]
Electronic Receipt
Subscribers will be given, via email, electronic receipts and/or access to billing records that support charges for use of the site. The Subscriber is responsible for paying periodic subscription fees according to the then-current terms of the site.
Downloads
Downloading of any content, restricted or non-restricted, is never allowed. It’s in our discretion to cancel the account of any subscriber without refund in the event of an abuse of services.
Limited Trial
Subscribers who opt for a limited trial subscription are entitled to limited access to the members section of the site for a period determined by the offering. Limitations may include but are not limited to; access to some movie parts and sections of the site.
Automatic Renewal
In accordance with the terms and conditions of the Site subscription fees may be automatically renewed at or after the end of the original term selected, for a similar period of time and for a similar or different amount, unless notice of cancellation is received from the Subscriber. Unless and until this agreement is cancelled in accordance with the terms hereof, Subscriber hereby authorizes CCBILL, VEROTEL, SEGPAY or the Site to charge Subscriber’s chosen payment method to pay for the ongoing cost of membership. Subscriber hereby further authorizes CCBILL, VEROTEL or SEGPAY or the Site to charge Subscriber’s chosen payment method for any and all additional purchases of materials provided on the site. In the event of an unsuccessful recurring payment, CCBILL, VEROTEL or SEGPAY or the Site will continue to make attempts to charge Subscriber’s chosen payment method for a period of time not to exceed one month, and during this time an administration fee may be applied in order to keep a subscription temporarily active until the full subscription fee can be processed successfully.
Non-Assignability/Theft Of Login
Membership, user name(s) and password(s) (login) may not be assigned or transferred to any other person or entity. Subscriber must promptly inform CCBILL, VEROTEL or SEGPAY or the site of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a user name or password. Until CCBILL, VEROTEL or SEGPAY or the site is notified, by e-mail, or by telephone of any breach in security, the Subscriber will remain liable for any unauthorized use of the Service.
Account Sharing
Access to the Site – the Subscriber’s Access Right – is through a combination of a username and a password. Subscribers may not release their Access Right to any person, and are required to keep their Access Right confidential. Unauthorized access to the Site – including sharing your Access Right with others – is a breach of this Agreement. Subscribers acknowledge that the Site may track each Subscriber’s entry to the site to prevent unauthorized access. In the event of a security breach, theft, or loss of a device containing the Access Right, resulting in potential unauthorized disclosure Subscriber must immediately notify the Site of said security breach.
Digital Millennium Copyright Act (“DMCA”) NOTICE
We respect the intellectual property rights of others. Per the DMCA, we will respond expeditiously to claims of copyright infringement on the Site if submitted to our Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, we will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.
Procedure for Notifying the Company of Copyright Infringement. If you believe that your intellectual property rights have been violated by us or by a third party who has uploaded materials to our website, please provide the following information to the designated Copyright Agent listed below:
(i) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(ii) a description of where the material that you claim is infringing is located on the Site;
(iii) an address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not us can contact you;
(iv) a statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
(v) a statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;
(vi) your electronic or physical signature.
Company may request additional information before removing any allegedly infringing material. In the event Company removes the allegedly infringing materials, we will immediately notify the person responsible for posting such materials that Company removed or disabled access to the materials. Company may also provide the responsible person with your email address so that the person may respond to your allegations.
Pursuant to 17 U.S.C. 512(c) Company’s designated Copyright Agent is:
FootacularLLC
5044 Marion Place WPB Fl, 33407
[email protected]
Notices
Notices by the site to Subscribers may be given by means of electronic messages through the site or by CCBILL, VEROTEL or SEGPAY or the site, by a general posting on the site, or by conventional email. Notices by Subscribers may be given by electronic messages, conventional mail, telephone or fax unless otherwise specified in the Agreement. All questions, complaints, or notices regarding the site must be directed to CCBILL, VEROTEL or SEGPAY or the site.
Email Opt-In And User Communication
The subscriber’s e-mail address may be used by the site to communicate special offers and other relevant information such as new services, subscription information, etc. In addition, there may be occasions when a subscriber will be presented with special offers either from the operators of the site or from third-party service, which may include consent to receive e-mail solicitations, communications, newsletters, commercial advertising, or other promotional or special event materials. These communications shall be deemed to be opt-in email communications by virtue of the subscriber joining this site. The subscriber may opt-out of a mailing list by clicking on the removal link located at the bottom of the promotional email.
Legal
The site abides by laws and Regulations within the US Governing Law. This Agreement shall be governed pursuant to the laws of the US. Any and all disputes arising under this Agreement shall be resolved exclusively before courts of competent jurisdiction in the US.
Contact Information
E-mail us at [email protected] or visit our Contact Page. Our support agents are happy to reply to your requests. A response will be forwarded to your E-mail address within a reasonable delay.
FootacularLLC
5044 Marion Place WPB Fl, 33407
