Standard Terms and Conditions of Adult Entertainment Membership
Thank you for your interest in Hardcore Punishments. As the internet's oldest and largest bdsm and fetish zine, we hope you enjoy our vast site as much as we do producing it for you! One of our most important features is live customer service. Our USA call center is open 24/7, so please feel free to call us at 603-465-9088 if you have any questions about your membership, or need help with anything.
All information you submit to us is STRICTLY CONFIDENTIAL! We do not share your information with anyone and it is never transmitted over the internet for any reason. Your trust is our most valued commodity!
Before you can join, you must read and agree to these terms and conditions. Please read them carefully. By purchasing a Membership to Hardcore Punishments (the "Site"), you become a Subscriber and agree to be bound by these Terms and Conditions (the "Agreement"). This agreement is subject to change by The Phoenix Group or Wasteland, B.V. at any time. Changes are effective without notice upon each Subscriber.
term "Site", as referred to in these terms and conditions shall mean –
The site which you are purchasing a username and password (login) from The
Phoenix Group in order to access that site and its contents and benefits
The term "Member" or "Membership", as referred to in the terms and conditions shall mean –The Subscriber or User of a valid username 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 username and password (login) for the Site.
The term "Login", as referred to in the terms and conditions shall mean – The combination of unique username and password that is sold by The Phoenix Group 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 webpage (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 pages that may have been precedent.
|DESCRIPTION of BILLING||All charges will discreetly appear as "The Phoenix Group" or "ThePHXGroup" on your credit card statement.|
|SUBSCRIPTION FEES||The subscriber is responsible for paying periodic subscription fees according to the then-current terms of the Site. Subscription fees are non-refundable once your username and password have been used to access a Site.|
|ELECTRONIC RECEIPT||Upon request, Subscribers will be given, via e-mail, electronic receipts and/or access to billing records that support charges for use of the Site. In the absence of a request, Subscriber waives e-mail notification of purchase.|
|BILLING||Subscription fees are automatically renewed at the end of the original term selected, for a like period of time (with the exception of trial memberships - please see below), unless notice is received from the Subscriber *48 hours prior to renewal date and time.
If you purchase our two day (48 hours) trial membership, your membership will automatically rebill at our monthly (30 day) rate of $34.95 and there after, unless notice is received from the Subscriber *12 hours prior to trial renewal date and time. *Please note time restrictions are for cancelations via email only.
If you cancel via electronic mail (firstname.lastname@example.org), please provide three (3) of the following pieces of information; the name of the site you joined, your name, the email address you used to join or your username. Cancelation requests with missing or inaccurate information will not be considered valid. If we can't look-up your membership record, we cannot cancel it. Canceling via the automated form or calling our 24/7 live customer service number (603-465-9088) is immediate.Unless and until this agreement is cancelled in accordance with the terms hereof, Subscriber hereby authorizes The Phoenix Group to charge subscriber's credit card (or other approved facility) to pay for the ongoing cost of membership. Subscriber hereby further authorizes The Phoenix Group to charge Subscriber's credit card (or other approved facility) for any and all purchases of products, services and entertainment provided by the site. Subscriber hereby further authorizes The Phoenix Group to charge Subscriber's credit card (or other approved facility) for any and all purchases of products, services and entertainment provided by the site. Our monthly memberships are 30 days in length, quarterly are 90 days and our annual memberships are 360 days.
|NON-ASSIGN - ABILITY/THEFT OF LOGIN||Your Membership, username and password (login), may not be assigned or transferred to any other person or entity. Subscriber must promptly inform The Phoenix Group or the Site of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a username or password. Until The Phoenix Group 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.|
|TERMINATION||Subscription to the Service may be terminated at any time, and without cause, by either The Phoenix Group or the Subscriber upon notification of the other by electronic mail (email), conventional mail, telephone, fax or through the automated form. When termination is requested by a member, subscription fees are NOT refunded. Subscribers are liable for charges incurred by them until termination of service. |
|REFUNDS||In the event that a refund is issued, ALL refunds will be made by crediting the credit card that was used to make the original purchase. NO refunds will be made by cash or check.|
to the Site are provided for personal, non- commerical use by customers
of the Site. As customers, visitors to the Site are hereby granted a single
copy license to download (on a single computer only) 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
therefrom; or transfer any material located on the Site to any other person
Phoenix Group 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 username and a password (login). Each Subscriber must keep his or her login strictly confidential. For security reasons, The Phoenix Group 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.
This site strictly forbids the use of automated software to download en mass our content. Our security system will detect use of such and ban your account immediately with no refund.
|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.|
MATERIALS ON THE SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED
WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT
OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. THE PHOENIX
GROUP OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE. THE PHOENIX
GROUP 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.
THE PHOENIX GROUP MAKES NO REPRESENTATION AS TO ANY OF THE INFORMATION FOUND AT THE SITE. IN NO EVENT SHALL THE PHOENIX GROUP 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 THE PHOENIX GROUP HAS BEEN ADVISED OF SUCH DAMAGES.
Subscribers are responsible for providing all personal computer, software, 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.
The Phoenix Group makes no representation that the materials available on the Site are appropriate or available for use in other locations, and access to them from jurisdictions where their contents are illegal is prohibited.
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(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 (21 in AL, MS, NE, and WY)." "I promise that I will not permit any person(s) under 18 years of age (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 audio sounds, visual images, and verbal descriptions of a sexually oriented, bluntly 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 average 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 judgement, the average adult in my community accepts the consumption of such materials by willing adults in cirumstances 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 disagreeable interest or to be patently offensive."
|ADDITIONAL TERMS AND CONDITIONS||In
addition to these Terms and Conditions, the Site may have additional Terms
and Conditions that are an integral part of this Agreement. Terms or Conditions
which may be listed at the Site shall in no way invalidate any of the Terms
and Conditions listed here. All Terms and Conditions apply to The Phoenix
Group, the Site, and you.
I agree to the terms and conditions specified by the site linked to this page.
|SEVERABILITY||If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.|
by the Site to Subscribers may be given by means of electronic messages
through the Site, by a general posting on the Site, or by conventional mail.
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 to The Phoenix Group must be directed here.