M I C H E L L E 7
 

 

TERMS and CONDITIONS of Membership @ Michelle7

By becoming a member at Michelle7 (the "Service"), a site wholly owned by New Age Publications, LLC, you become a Subscriber and agree to be bound by this Agreement (the "Agreement"). This Agreement is subject to change by New Age Publications, LLC at any time and changes are effective upon notice to each Subscriber.

Subscriber is responsible for paying periodic subscription fees according to the then-current billing terms. Subscription fees are earned upon receipt and are non-refundable, whether or not termination is at Subscriber’s request. Billing prices are subject to change at any time without notice. Unless and until this Agreement is canceled in accordance with the terms hereof, Subscriber hereby authorizes New Age Publications, LLC or its agent to charge Subscriber's credit card (or other approved facility) to pay for the ongoing cost of membership. Subscriber hereby further authorizes to charge Subscriber's credit card (or other approved facility) for any and all purchases of products, services and entertainment provided by New Age Publications, LLC.

Subscribership may not be assigned or transferred to any other person or entity. Subscriber must promptly inform New Age Publications, LLC 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. Use this e-mail link to contact Customer Service of New Age Publications, LLC: customerservice@michelle7.com Until New Age Publications, LLC is notified by e-mail or by telephone of a breach in security, the Subscriber will remain liable for any unauthorized use of the Service. Upon request, Subscriber will be given access to billing records that support charges for use of the Service.

Payment for the appropriate services may be made by automatic credit card debit or via online checks. Subscribership will be automatically renewed upon expiration, unless New Age Publications, LLC is notified via email 4 days prior to subscribership expiration. All free subscriptions are automatically billed at the monthly rate. Membership is subsequently rebilled monthly until you request cancellation at least 4 days prior to the date of renewal. Subscription to the Service may be terminated at any time, and without cause, by either New Age Publications, LLC or the Subscriber upon notification of the other by electronic or conventional mail, or by telephone. Subscriber is liable for charges incurred by him/her until termination of the service. Subscriber is 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. Subscriber must keep his or her password strictly confidential. Remember your password! For security reasons, New Age Publications, LLC will not release passwords for any reason, except as may be specifically required by law or court order. Unauthorized access to the Service is a breach of this Agreement and a violation of law.

Any liability of New Age Publications, LLC, 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 paid by or on behalf of the Subscriber to New Age Publications, LLC for the preceding 12 months.

New Age Publications, LLC shall have no liability to Subscriber or any third party for special, consequential, indirect, exemplary or incidental losses or damages of any kind whatsoever (including, but not limited to, lost profits), even if New Age Publications, LLC has been advised of the possibility of such losses or damages and regardless of the form of action asserted. Subscriber shall have no recourse against the directors, officers or shareholders of New Age Publications, LLC or any of its affiliated companies or any of their personal assets for any liability of New Age Publications, LLC.

If you live in a jurisdiction that does not allow the limitation or exclusion of liability for incidental or consequential damages, the above elimination or exclusion may not apply to you. No warranty is made by New Age Publications, LLC regarding any information, services, or products provided through or in connection with the Service, and New Age Publications, LLC and hereby expressly disclaims any and all warranties, including without limitation:1) any warranties as to the availability, accuracy, or content of information, products, or services; and 2) any warranties of merchantability or fitness for a particular purpose. If you live in a jurisdiction that does not allow the exclusion of implied warranties, the above exclusion may not apply to you.

Except for public domain material and electronic messages, all material displayed on the Service is copyrighted by New Age Publications, LLC and may not be copied, redistributed, or downloaded, in whole or in part, without the prior written consent of New Age Publications, LLC unless otherwise clearly stated in this Agreement. The material on the Service is for the private, non-commercial enjoyment of subscribers only. Any other use is prohibited.

The Service enables Subscriber to share information with other Service subscribers. Subscriber agrees not to submit, publish, or display on the Service any defamatory, inaccurate, abusive, threatening, racially offensive, infringing or illegal material. Transmission of such material or any material that violates any federal, state, or local law is prohibited and is a breach of this Agreement.

Subscriber agrees not to engage in advertising to, or solicitation of other Service subscribers to buy or sell any products or services through the Service without New Age Publications, LLC’s prior written consent. Subscriber is responsible for information he or she sends or displays through the Service, even if a claim should arise after termination of service.

There are no facilities provided by the Service for sending or receiving private or confidential electronic communications. All messages shall be deemed to be readily accessible to the general public. Subscriber acknowledges that he or she is not to use the Service for any communication for which the Subscriber intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered into the Service can and may be read by the operators of the Service, whether or not they are the intended recipient(s).

Notices by New Age Publications, LLC to Subscriber may be given by means of electronic messages through the Service, by a general posting on the Service, or by conventional mail. Notices by Subscriber may be given by electronic messages or conventional mail, unless otherwise specified in this Agreement.

All questions, complaints, or notices to New Age Publications, LLC by means of electronic message must be directed here. To automatically cancel a website membership click here. Subscriber hereby warrants and represents that he or she is over the age of 18, and in all respects is qualified and competent to enter into this Agreement.

This Agreement contains the entire agreement between the Subscriber and New Age Publications, LLC regarding the use of the Service, and supersedes all prior written and oral understandings and writings, and may only be amended upon notice by New Age Publications, LLC to Subscriber. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination. This Agreement shall be governed pursuant to the laws of the State of California.

Michelle7 includes visual, audio, and/or textual depictions of nudity and heterosexual, bi-sexual, homosexual, and transsexual sexual situations. Persons under eighteen years of age and persons who may be offended by such depictions may not directly or indirectly download, acquire, view, read, listen to, or possess any photograph, video file, sound file, textual material, advertisement, or other communication, message or other content at, in, or through Michelle7, nor place any order for any goods or services at, in, or through connection to or from, Michelle7. If you are under the age of eighteen years, are offended by such materials, or are acting on behalf of any governmental agency, you are not authorized to download any materials from Michelle7 and any and all such downloading shall constitute intentional infringement of New Age Publication's rights in such materials.

All materials, messages, and other communications contained at Michelle7 are intended for distribution exclusively to consenting adults in locations where such materials, messages and other communications do not violate any community standards or any federal, state or local law or regulation of the United States or any other country. No materials from any parts of Michelle7 designated as "XXX" are authorized to or otherwise may be downloaded to persons located in the following areas: Alabama, Florida, except Ft. Lauderdale, Miami, and St. Petersburg, Georgia, except Atlanta, Kansas, except Kansas City, Kentucky, Minnesota, Missouri, Mississippi, North Carolina, Ohio, except Cleveland and Cincinnati, Pennsylvania, except Philadelphia and Pittsburgh, South Carolina, Tennessee, except for Nashville, Utah, Afghanistan, Kuwait, Iran, Iraq, Japan, Jordan, Libya, Pakistan, The Republic of China, Singapore, Saudi Arabia, Syria, The United Arab Emirates, or any other place in which to do so would constitute a violation of any law, regulation, rule or custom. Any and all unauthorized downloading of materials from Michelle7 shall constitute intentional infringement of New Age Publication's rights in such materials.

By downloading materials from Michelle7, down-loader hereby agrees to be personally liable and to fully indemnify Michelle7 for any and all damages directly , indirectly and/or consequentially resulting down loader's attempted or actual unauthorized downloading or other duplication of materials from Michelle7, 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, damages resulting from loss of revenue and/or property, fines, and attorney's fees, including, without limitation, those generated by prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).

All materials, messages, and other communications available at Michelle7 are for the private use and enjoyment of its members only, any resale or other use of any kind is strictly forbidden. Except for authorized downloading, all advertisements and other communications and content of all kinds available at Michelle7 may not be copied in any form, without the express written consent of New Age Publications, LLC. New Age Publications, LLC reserves the right to refuse access to any advertisement or other communication at Michelle7 and cancel any member's subscription without notice. New Age Publications, LLC does not screen or endorse Michelle7 licensees' advertisements, communications and other content available at Michelle7 for electronic dissemination. You are therefore advised to use your own judgment to evaluate all advertisements and other communications at Michelle7 prior to purchasing goods and/or services described in Michelle7. New Age Publications, LLC is not liable for damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any materials, advertisements or other communications. Michelle7 is not affiliated with any company or organization other than New Age Publications, LLC. No inference of association or affiliation with, or endorsement by any company or organization is intended or should be inferred. New Age Publications, LLC has no financial or other interest in, nor owns any third-party online stores or services provided by third parties which may appear in, at or through Michelle7.

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