By subscribing to MuscleFan.com you become a Subscriber and agree to be bound by all the terms and conditions set forth in this agreement (the "Agreement").
The term "MuscleFan" is an assumed business name of the website www.MuscleFan.com. Without limiting the foregoing, for the purposes of the TOS, MuscleFan means the company that owns and operates www.MuscleFan.com.
The term “Subscriber” refers to a user who pays a fee (determined from time to time by MuscleFan, in it's sole discretion) and is granted access to certain areas of the Site only after successfully completing login protocols established from time to time by MuscleFan, including without limitation, through the use of an approved User name and password.
The term "Site" means the website www.MuscleFan.com including all subdomains and sections.
ACCEPTANCE OF TERMS
This Agreement is subject to change by MuscleFan at any time, and changes are effective immediately. Posting changes on our websites, located at www.MuscleFan.com shall constitute proper notice to the Subscriber.
You must be eighteen (18) years of age or older (21 in some jurisdictions) to receive a membership. By becoming a Subscriber you acknowledge that you are legally allowed to view erotic/adult materials from the locale the materials are being viewed in and that the Subscriber is requesting such materials for the Subscriber's own private enjoyment; and, that the Subscriber will not, by action or inaction, directly or indirectly, share such materials with or make such materials available to a minor in any manner whatsoever.
SUBSCRIPTIONS & CANCELLATIONS
All subscriptions are automatically renewed for convenience, unless the membership is canceled at least twenty four (24) hours prior to the renewal date. Subscribers may cancel their accounts at any time after the first twenty four (24) hours of membership by visiting the CCBill Support page located at: https://support.ccbill.com. Cancellation will take effect at the end of your first subscription term (i.e. subscription length of initial purchase). Subscribers wishing to renew must re-register by going to our Join Page located at: http://www.MuscleFan.com/register.
Payment for the services provided to you at and/or through MuscleFan.com may be made by automatic credit/debt card or ACH debit and you hereby authorize MuscleFan and its agents to transact such payments on your behalf.
Subscriptions to MuscleFan.com may be terminated at any time, and without cause, by either MuscleFan or Subscriber. You agree to be personally liable for all charges incurred by you during or through the use of MuscleFan.com.
I agree to be personally liable and fully indemnify MuscleFan for any and all damages directly, indirectly and/or consequentially resulting from my attempted or actual unauthorized downloading or other duplication of materials from MuscleFan.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 MuscleFan.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 governmental imposed seizure(s), forfeiture(s), and/or injunction(s).
Subscriptions may not be assigned or transferred to any other person or entity. Subscriber must promptly inform MuscleFan 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 MuscleFan is notified, 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.
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. Unauthorized access to the Service is a breach of this Agreement and a violation of law.
All materials included at MuscleFan.com are for the private use by Subscribers only. MuscleFan intends no other uses and any other use is strictly prohibited.
LIABILITY & WARRANTY
Any liability of MuscleFan, 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, tortuous 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 MuscleFan 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.
MuscleFan 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 MuscleFan.com.
No warranty is made by MuscleFan regarding any information, services, Software or products provided through or in connection with MuscleFan.com, and MuscleFan 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.
Notices from MuscleFan.com to Subscribers may be given by means of electronic messages, either through e-mail or through MuscleFan.com by a general posting on the site, or by conventional mail. Communications from you to MuscleFan may be made by electronic messages, unless otherwise specified in the Agreement.
LIMITED LICENSE AND ACCEPTABLE USE
MuscleFan provides the Content and Services on the Site for the personal, non-commercial use by viewers, fans, visitors, Users, Subscribers or potential Subscribers of MuscleFan. Users of the Site are granted a single, personal, non-transferable license to download (on a single computer only) one copy of any of the Content found on the Site made available for downloading for personal, non-commercial use only. MuscleFan reserves the right to limit the amount of Content downloaded. Commercial use or exploitation of the Content on the Site, or any portion thereof, is strictly prohibited. In addition, Users of the Site may not: (1) modify any of the Content found in any area of the Site; (2) use any of the Content found in any area of the Site for any public display, performance, sale or rental; (3) remove, modify or alter any copyright or other proprietary notice or trademarks from any of the Content found in any area of the Site; (4) otherwise Transmit any Content located in any area of the Site to any other person or entity, including posting to newsgroups or public forums; (5) rent, lease, loan, sell, distribute or create derivative works based on the Content or any portion thereof posted on the Site, or the software or techniques used in connection with the Site; or (6) modify the software and techniques used in connection with the Site. MuscleFan reserves the right to terminate this license at any time if a User breaches or violates any provision of the TOS, in which case such User will be obligated to immediately destroy any Content information or materials User has downloaded or otherwise copied from the Site.
This Agreement contains the entire agreement between the Subscriber and MuscleFan regarding Subscribers' use of MuscleFan.com and all materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by MuscleFan. This Agreement shall be governed by and construed under the laws of the State of Nevada, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. 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.