CumCleveland.com - Legal Notices

REQUESTING REPRODUCTION PERMISSIONS

To reproduce material from CumCleveland.com, you will need the prior express written permission. Please be advised, however, that is unlikely to grant permission to use the material within CumCleveland.com. In many instances, we has acquired licenses from third parties to publish material within its site. Such materials may not be reproduced without the prior express written permission and the third party licensor.

You may e-mail the Rights and Permissions Department , as follows:

webmaster@cumcleveland.com

NEWSGROUP AND CHAT SERVICES

CumCleveland.com does not pre-screen, edit, filter or otherwise monitor or alter any content that appears in newsgroups or chat areas within or linked with CumCleveland.com. The administrators reserve the right (without the obligation to pre-screen, edit, filter or otherwise monitor) to remove content that is considered, in its sole discretion, to be inappropriate.
CumCleveland.com disclaims any liability with respect to content that appears in the newsgroups or chat areas within or linked with CumCleveland.com.

SEXUALLY EXPLICIT MATERIAL

CumCleveland.com is an ADULT Web site containing sexually explicit photographs, video, audio, language, and other materials. The material contained in this Web site is intended solely for ADULTS over the age of 18 (or 21 in certain jurisdictions in which 21 is the age of majority) who are familiar with material of this kind, are not offended by this material, and desire to be exposed to this material.

The material contained in this Web site is not intended for MINORS under the age of 18 (or 21 in certain jurisdictions in which 21 is the age of majority) or those who do not desire to be exposed to sexually explicit material.

MINORS must exit this Web site and may do so by clicking on the following link, which also appears as "Under 18? Exit" on the first page of this Web site: http://barney.com

PRIVACY STATEMENT

CUMCLEVELAND.COM HAS CREATED THIS PRIVACY STATEMENT IN ORDER TO DEMONSTRATE OUR COMMITMENT TO PRIVACY. THE FOLLOWING DISCLOSES OUR INFORMATION-GATHERING AND -DISSEMINATION PRACTICES FOR CUMCLEVELAND.COM.

ORDER FORMS. Our site occasionally uses an order form for customers to request information, products and services. We collect visitors' contact information (like their email address) and financial information (like their account or credit card numbers).

(a) Contact Data. This information is used to send orders, information about our company, and promotional material from some of our partners to our customers. The customer's contact information may also used to get in touch with the visitor when necessary. Users may opt-out of receiving future mailings (see the Opt-Out and Delete/Deactivate sections below).

(b) Financial Data. This information is used only for billing purposes.

ONLINE SURVEYS. Our online surveys ask visitors for contact information (like their email address) and demographic information (like their zip code, age, or income level).

(a) Contact Data. This information is used to send the user information about our company and promotional material from some of our partners. The customer's contact information is also used to contact the visitor when necessary. Users may opt-out of receiving future mailings (see the Opt-Out and Delete/Deactivate sections below).

(b) Demographic and Profile Data. This information is used to tailor our visitors' experience at our site, showing them content that we think they might be interested in and displaying the content according to their preferences. Anonymous demographic information is shared with advertisers and market researchers on an aggregate basis. Any email you may receive from CumCleveland.com will include specific instructions on how to unsubscribe.

"COOKIE" TECHNOLOGY. CumCleveland.com occasionally uses "cookie" technology to enhance users' online experience by making it easier for them to navigate through our pages or to make a feature work better. We do not extract information about individual users or their computers during this process.

FREE EMAIL NEWSLETTER. On the CumCleveland.com, Users may sign up for the free email newsletter by providing their email address in the box provided. Active subscribers to the free newsletter may unsubscribe at any time by sending an email to webmaster@cumcleveland.com with the message: UNSUBSCRIBE.

MONITORING USE OF SERVICE. We may monitor your use of this service and use or disclose any information so gathered to both satisfy any law, regulation or other government request and to operate the service properly and efficiently.
CumCleveland.com also may, in its sole discretion, develop and use consumer research based on User's use of the service. All marketing information shall be subject, in all cases, to compliance with the applicable rules and regulations of the Communications Commission, and other relevant laws and regulations, as the same may be amended from time to time.

COMPANY NOT RESPONSIBLE FOR THIRD PARTY OFFERS. CumCleveland.com contains links to other related Internet sites, resources and sponsors of the Company, who, from time to time, will offer products and services that may be of value to you. Selection of one of these ad banners or links redirects the User off of CumCleveland.com to a third party. Transactions that occur between the User and the third party are strictly between the User and the third party and are not the responsibility of the Company. Because the Company is not responsible for these outside resources or their privacy policy or content, the User should direct any concerns regarding any external link to its site administrator or Webmaster.

OPT-OUT. Users may opt-out of receiving communications from us and our partners by choosing such an option at the point where we request information about the visitor.

DELETE/DEACTIVATE. If you would like to be removed from our database so as to not receive future communications or to no longer receive our service, please use one of the following options:

(a) Send email to webmaster@cumcleveland.com ;

(b) Enter your email address and select the UNSUBSCRIBE button from the Newsletter section on the CumCleveland.com

TERMS AND CONDITIONS OF MEMBERSHIP

WELCOME TO CUMCLEVELAND.COM. ALL PERSONS SEEKING MEMBERSHIP IN CUMCLEVELAND.COM MUST READ AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. PLEASE READ THEM CAREFULLY.

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by you ("You" or the "Subscriber"), You hereby agree to become a subscriber to CumCleveland.com, and that cumcleveland.com (the "Company") agrees to provide You with all the privileges of subscription to CumCleveland.com, including access to certain proprietary sexually explicit photographic images, video and audio clips, chat rooms, message boards, messages and other communications, stories and other written materials, together with the related graphic files, audio files, video files, text, hyperlinks, interlinks, search engines, and other software associated with the authorized use of CumCleveland.com whether contained in, or linked to, CumCleveland.com (the "Material"), subject to the terms and conditions of this agreement (the "Agreement"), as follows:

MODIFICATIONS. This Agreement is subject to change by the Company, at any time, in its sole discretion. Any changes made by the Company shall be effective upon notice to the Subscriber by e-mail, posting at, or via hyperlink to, CumCleveland.com or by U.S. mail.
SEXUALLY EXPLICIT MATERIAL:

(a) THE MATERIAL IS INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE SUCH MATERIAL DOES NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY APPLICABLE FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES OF AMERICA, OR OF ANY INDIVIDUAL JURISDICTION WITHIN THE UNITED STATES OF AMERICA, OR ANY OTHER COUNTRY.

(b) YOU HEREBY ACKNOWLEDGE THAT THE MATERIAL INCLUDES EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND HETEROSEXUAL, BISEXUAL, HOMOSEXUAL, AND TRANSEXUAL SITUATIONS OF A SEXUAL NATURE, THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND, AND THAT YOU ARE NOT OFFENDED BY SUCH MATERIAL.

(c) YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU CURRENTLY WISH TO RECEIVE SEXUALLY EXPLICIT MATERIAL VIA CUMCLEVELAND.COM, WOULD NOT HAVE OTHERWISE AGREED TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND HAVE NOT NOTIFIED ANY GOVERNMENTAL AGENCY, INCLUDING THE U.S. POSTAL SERVICE, THAT YOU DO NOT WISH TO RECEIVE SUCH SEXUALLY EXPLICIT MATERIAL.

AGE OF MAJORITY.

(a) NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTY ONE (21) IN JURISDICTIONS WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE MATERIAL OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT, IN OR THROUGH CUMCLEVELAND.COM.

(b) YOU HEREBY FURTHER AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN (18) YEARS (TWENTY ONE (21) IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) AND ARE CAPABLE OF LAWFULLY ENTERING INTO AND EXECUTING THE TERMS OF THIS AGREEMENT.
GRANT OF LICENSE. In consideration of the payment of subscription fees, together with certain representations and agreements made by You under the terms and conditions of this Agreement, and subject to the terms and conditions set forth in this Agreement, the Company hereby grants You a limited, nonexclusive and nontransferable license to use Material, as provided by the Company during the period in which You are a subscriber in good standing. You may use the Material only in accordance with the terms and conditions of Your membership, only on one computer at a time and, if downloadable copies of the Material are made available by CumCleveland.com, You may make only a single copy of such Materials for Your own personal use and enjoyment. This license does not grant You any rights to the material or to any software enhancements or updates of any kind, except as set forth in this Agreement. You may make no use of the Material not expressly authorized herein or by prior express written authorization from Company. Prohibited uses of the Material include, without limitation:

(a) permitting other individuals to directly or indirectly use the Material;

(b) modifying, translating, reverse engineering, decompiling, disassembling the Material (except to the extent applicable laws specifically prohibit such restriction);

(c) making copies or creating derivative works based on the Material, except as provided herein;

(d) renting, leasing, or transferring any rights in the Material;

(e) removing any proprietary notices or labels on the Material; and,

(f) making any other use of the Material.
INTELLECTUAL PROPERTY RIGHTS OF THE COMPANY. Except for public domain material or material otherwise licensed to Company for electronic dissemination, the Material is proprietary and constitutes valuable intellectual property owned by the Company and others who have licensed the use of the Material to the Company, and, except for initial downloading, may not be copied, redistributed, or downloaded, in whole or in part, without the prior written authorization of Company, except as set forth herein. All editions of CumCleveland.com, and all Material and other material used directly or indirectly in, at, by, through and/or with CumCleveland.com are protected by the copyright laws of the United States, international copyright treaties and other laws and regulations. All rights are reserved. All intellectual property and other rights in, to and under the Material and other material at CumCleveland.com shall at all times remain in Company, its parent(s), subsidiary(ies), licensee(s) and assign(s). All intellectual property and other rights in, to and under any intellectual property content accessed through the Material is the property of the applicable content owner, which may be the Company, its parent(s), subsidiary(ies), licensee(s) and assign(s), or others, and may be protected by applicable copyright and/or other laws. The limited and nonexclusive license granted to You herein grants to You no rights to use such content except as set forth herein. This license will immediately terminate automatically if You fail to comply with the limitations described herein, breach any other provision of this Agreement, cease, for any reason, to be a subscriber in good standing, or are notified of its termination by the Company or its authorized agent(s). You agree that upon such termination, You will immediately destroy all copies of the Materials in your possession.
RESTRICTIONS ON LOCATION OF USE.

(a) You hereby agree that You shall at no time access, view, download, receive, duplicate, or otherwise use, transmit, broadcast or disseminate the Material, or allow any other party to do so, directly or indirectly, in geographical locations where the Company does not authorize such access, viewing, downloading, receipt, duplication or other use, transmission, broadcast or dissemination. You hereby acknowledge and agree that the Material may not be accessed, viewed, downloaded, duplicated, received or otherwise used, transmitted, broadcast or disseminated to any person or entity located in any and all geographical areas designated as PROHIBITED AREAS, as designated below. You hereby acknowledge the authority of the Company to designate the PROHIBITED AREAS, in its sole and absolute discretion. You hereby agree that any and all accessing, viewing, downloading, receiving, duplicating, or otherwise using, transmitting, broadcasting or disseminating of the Material by You, or allowing any other party to do so, directly or indirectly, in the PROHIBITED AREAS shall constitute an intentional infringement by You of this Agreement and potentially an infringement of the intellectual property rights and other rights in the Material and CumCleveland.com, including, without limitation, its rights of privacy.

(b) All of the following areas constitute PROHIBITED AREAS from which the Material may not be accessed, viewed, downloaded, duplicated, received or otherwise used, transmitted, broadcast or disseminated:

1. All parts of the United States of America corresponding to the entire areas corresponding to United States Postal Service zip codes commencing with any of the following three digits:
Click here to review the complete list of restricted areas.

2. All parts of the following countries: Afghanistan, Germany, Kuwait, Iran, Iraq, Japan, Jordan, Libya, Pakistan, The Republic of China, Singapore, Saudi Arabia, Syria, and The United Arab Emirates.

3. All parts of every other geophysical place corresponding to a political entity or part thereof in which the access, viewing, downloading, duplication, receipt or other use, transmission, broadcast or dissemination of the Material would, or could reasonably constitute, a violation of any law, regulation, rule or custom.

(c) You hereby agree to be personally liable, and hereby agree to fully indemnify the Company, its equity holders, officers, directors, employees, agents, representatives, affiliates and subsidiaries for any and all damages directly, indirectly and/or consequentially resulting from Your attempted or actual unauthorized access, viewing, downloading, duplication, receipt or other use, transmission, broadcast or dissemination of the Material. This indemnity shall apply, without limitation, to any unauthorized access, viewing, downloading, duplication, receipt or other use, transmission, broadcast or dissemination of the Material 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 including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorneys fees and costs, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
Credit Card Processing Company. To complete Your purchase You will be transferred to the secured server of **************** limited liability company ("******"). ******** is an independent company providing credit card processing services, and other merchant banking services, to website operators, such as the owner and operator of this Web Site. ****** offers complete SSL encryption technology, which provides greater security for Your transaction. ******* provides credit card processing services for numerous web sites on this basis. ********* receives no financial benefit from this Web Site other than a fee paid by the owner of this Web Site to ******* for each transaction ******* processes for the Web Site. ******* is not a co-owner, partner or joint venturer with the owner of this Web Site; rather, ******* is merely an independent contractor providing services to the owner of this Web Site on an arms length, contract basis. ****** EXERCISES NO CONTROL OVER THE WEB SITE, or any of the matters or persons that appear in, on, or through this Web Site. ******* has not reviewed the content of this Web Site or the products and/or services offered hereon, and does not monitor the Web Site or its content and/or products on a periodic or an ongoing basis. Given the large number of sites for which ******* provides processing services, and the ease and frequency with which a web site operator can and does change his, her or its site, content and/or products and services, such monitoring would be impossible. Accordingly, ******** makes absolutely no representations and/or warranties, and provides no assurances, regarding the Web Site, the Web Site owner, or the quality, availability, legality or description of the products and/or services offered thereon. ****** expressly disclaims any warranties of merchantability or fitness for a particular purpose with respect to this Web Site and/or the products and services offered hereon. Any disputes arising in connection with this Web Site, or the products and/or services being offered/purchased, are matters strictly between You, the customer, and the owner of this Web Site, in which ******** has absolutely no role. Again, ********* only function is to transmit information supplied by the customer to the Web Site operator's credit card processor, and to relate and record the processor's acceptance or rejection of that information. ******** urges You to carefully read the Terms and Conditions on this Web Site, and (by using the contact information on this Web Site), to ask the Web Site operator any questions You may have regarding the service/product before completing the transaction. BY SUBMITTING YOUR REQUEST FOR AUTHORIZATION OF YOUR TRANSACTION, YOU ACKNOWLEDGE HAVING READ, UNDERSTOOD AND AGREED TO THE TERMS AND CONDITIONS HEREIN STATED, AND AGREE TO INDEMNIFY, DEFEND, AND HOLD ****** HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES (INCLUDING ATTORNEYS' FEES AND ASSOCIATED COSTS) AND OTHER COSTS AND EXPENSES ARISING IN CONNECTION WITH YOUR VISIT TO OR USE OF THIS WEB SITE, AND/OR YOUR PURCHASE OR OFFER TO PURCHASE ANY OF THE PRODUCTS AND SERVICES OFFERED HEREON.
MEMBERSHIP FEES AND BILLING. You hereby agree that, upon Your subscription to CumCleveland.com, You shall be subject to certain immediate and automatically recurring charges which shall be billed to Your credit card, unless You cancel Your subscription under the terms and conditions of this Agreement. The charges which You will incur, and hereby authorize, are as follows:

(a) Trial Subscriptions. You may subscribe to CumCleveland.com for a specific period of time, under the then current billing terms (as set forth on the sign-up page of CumCleveland.com) ("Paid Trial Subscription").

(b) Automatic Renewal of Paid Trial Subscription to Monthly Membership. All Trial Subscriptions shall renew, automatically and without notice, to a Monthly Membership, at US $9.99 per month, or the then current Monthly Subscription Rate.

(c) Automatic Renewal of Monthly Membership. All Monthly Memberships shall renew, automatically and without notice, for successive periods of approximately one (1) month, commencing upon the expiration of the Paid Trial Subscription, and continuing thereafter for successive periods of approximately one (1) month, unless and until this Agreement is canceled by You or the Company in accordance with the terms hereof. Each period of approximately one (1) month shall be referred to as the "Monthly Subscription Period."

(d) Cancellation by Company. The Company may, at any time and at its sole discretion, cancel any Paid Trial Membership or Monthly Membership; provided, however, if the Company cancels any Paid Trial Membership prior to its expiration, the Company shall provide a full refund therefore by automatic credit.

(e) Cancellation of Automatic Renewal of Paid Trial Subscription to Monthly Membership. TO CANCEL AUTOMATIC RENEWAL AT THE END OF THE PAID TRAIL SUBSCRIPTION, YOU MUST NOTIFY THE COMPANY AT LEAST ONE (1) DAY PRIOR TO THE END OF THE PAID TRIAL PERIOD, BY CONTACTING THE COMPANY BY E-MAIL, TELEPHONE OR U.S. MAIL (AT THE THEN CURRENT E-MAIL ADDRESS, TELEPHONE NUMBER OR MAILING ADDRESS AS PROVIDED AT ***************).

(f) Cancellation of Automatic Renewal of Monthly Membership. TO CANCEL AUTOMATIC RENEWAL OF YOUR MONTHLY MEMBERSHIP AT ANY TIME, YOU MUST NOTIFY THE COMPANY BY E-MAIL, TELEPHONE, OR U.S. MAIL (AT THE THEN CURRENT E-MAIL ADDRESS, TELEPHONE NUMBER OR MAILING ADDRESS AS PROVIDED AT **************.

(g) Cancellations Effective Upon Receipt By Company. All cancellations received by the Company will be effective upon receipt.

(h) No Pro-Rated Refunds for Cancellation of Monthly Membership. You hereby acknowledge and agree that if You cancel Your Monthly Membership, or if Your membership is cancelled by the Company, Your username and password will be removed from the system at the end of the then current Monthly Subscription period and that You will be entitled to receive the full benefits of Your Monthly Membership until the end of such period. You shall not be entitled to any pro-rated or partial refund if You cancel Your Monthly Membership before the end of the then current Monthly Subscription Period. You agree that if you cancel at any time after purchasing a Monthly Subscription to CumCleveland.com (e.g., 20 minutes after you sign up), You will still be charged for the full Monthly Subscription period. You acknowledge and agree that "instant access" to CumCleveland.com shall not mean "free preview" of CumCleveland.com.

(i) Credit Card Charges Authorized. You hereby authorize the Company to charge Your credit card (which You hereby acknowledge was entered by You into the sign-up page) to pay for the ongoing Subscription Fees to CumCleveland.com at the then current Subscription Rate. You further authorize the Company to charge Your credit card for any and all purchases of products, services and entertainment available through, at, in or on, or provided by, CumCleveland.com. You agree to be personally liable for all charges incurred by You during or through the use of CumCleveland.com. Your liability for such charges shall continue after termination of Your membership.

(j) Automatic Credit Card or Debit Card Debit. All charges to Your credit card or debit card for the Paid Trail Subscription and/or the Monthly Membership, under the terms and conditions of this Agreement, will be made in advance by automatic credit card or debit card debit and you hereby authorize the Company and its agents to process such transactions on Your behalf.

(k) Non-Refundable Charges. All charges to your credit card are nonrefundable. In order to avoid such charges, You must cancel your Paid Trial Membership or Your Monthly Membership.

(l) Billed Discreetly by "cumcleveland.com." You understand and agree that Your Subscription to CumCleveland.com will be billed discreetly to your credit card as "cumcleveland.com"

(m) Billing Records. Upon request, Subscribers will be given access to billing records that support charges for use of CumCleveland.com.
LIQUIDATED DAMAGES FOR FRAUD. You hereby agree not to report, as lost or stolen, any credit card or debit card which You have used in connection with any payment to CumCleveland.com, or as unauthorized, any charge for any goods or services, including for any Paid Trial Subscription or Monthly Subscription, for which You do not have good reason to believe is, in fact, lost, stolen or unauthorized. You hereby agree that in the event of any such fraudulent reporting of a lost or stolen credit card used to obtain goods or services from CumCleveland.com, or any fraudulent reporting of an unauthorized charge to CumCleveland.com on Your credit card or debit card which has been made by You, or anyone under Your authority, at a time when a charge or other obligation for payment for goods and/or services to CumCleveland.com remains outstanding, You shall be personally liable to the Company for liquidated damages in the amount of US$25,000.00. The liability for liquidated damages specified in this Paragraph shall not limit any other liability You may have for any breach(es) of any other terms, conditions, representations and warranties set forth in this Agreement.
SUBSCRIPTIONS NOT ASSIGNABLE. Subscriptions may not be assigned or transferred to any other person or entity. You must promptly inform the Company of any and all of the following: changes in the expiration date of any credit card or debit card used in connection with CumCleveland.com; change to Your name, the postal/zip code for Your billing address, or e-mail address; apparent breaches of security, such as loss, theft, unauthorized disclosure or use of an ID or Password. Until Company is notified by U.S. mail or e-mail of a breach in security, the Subscriber will remain liable for any unauthorized use of CumCleveland.com.
LOGIN NAME & PASSWORD. Access to, and use of, CumCleveland.com is through the use of a unique Login Name and Password as selected by You. You hereby agree to keep Your Login name and Password strictly confidential. For security reasons, the Company will not release Login Names or Passwords. Unauthorized access to CumCleveland.com is a breach of this Agreement and may be a violation of law. You acknowledge and give Your permission to the Company to collect statistical information on Your source Internet Provider address, and agree that if You share Your unique Login Name and/or Your Password with any another individual or entity, that Your access to CumCleveland.com is subject to immediate termination without notice or reimbursement of any kind.
EQUIPMENT. Subscribers are responsible for providing all personal computer and communications equipment necessary to gain access to CumCleveland.com.
NO SCREENING OF THIRD PARTY COMMUNICATIONS. Company does not screen or endorse advertisements or communications submitted to CumCleveland.com by third party licensees, advertisers, or subscribers for electronic dissemination through CumCleveland.com. Subscribers are therefore advised to use their own judgment to evaluate all advertisements and other communications available at or through the use of CumCleveland.com prior to purchasing goods and/or services described at CumCleveland.com or otherwise responding to any communication at CumCleveland.com.
RESTRICTION OF MEMBERS' COMMUNICATIONS. If the Company should, at any time, provide any service which enables Subscribers to communicate with or otherwise share information with other Subscribers or persons providing any kind of service to Subscribers, or post information at, in or on CumCleveland.com, You agree not to post, submit, publish, display, disseminate, or otherwise communicate, while connected to, or otherwise directly or indirectly using, CumCleveland.com or other services provided to You by the Company, any defamatory, obscene, pornographic, profane, inaccurate, abusive, threatening, offensive, or illegal material, or any material which would violate or infringe the copyright, trademark, rights of publicity, privacy rights or other rights of any person or entity. Transmission of such material or any material that violates any federal, state, or local law in the United States or anywhere else in the world, is strictly prohibited and shall constitute a material breach of this Agreement entitling the Company to immediately terminate all rights to access CumCleveland.com without notice or reimbursement. You agree that You are solely responsible for all information which you submit, publish, display, disseminate or otherwise communicate through CumCleveland.com, even if a claim should arise after termination of service. If the Company provides any such service described herein, You agree that all messages and other communications by You shall be deemed to be readily accessible to all other Subscribers who are authorized to access CumCleveland.com and agree that all such messages and other communications shall not be deemed to be private or secure. Regardless of whether the Company provides any type of service described herein, You agree that You have hereby been informed and noticed that any and all messages and other communications which You submit to the Company directly or through CumCleveland.com can be read by the operators and/or other agents of Company, whether or not they are the intended recipient(s).
NO WARRANTIES. YOU HEREBY AGREE THAT THE MATERIAL, AND ALL OTHER SERVICES PROVIDED TO YOU BY COMPANY, ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE AVAILABILITY, ACCURACY, OR CONTENT OF MATERIALS, INFORMATION, PRODUCT OR SERVICES, AND THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THE COMPANY EXPRESSLY DISCLAIMS SUCH WARRANTIES. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE MATERIAL, AND ALL SERVICES PROVIDED BY COMPANY, IS BORNE EXCLUSIVELY BY YOU. SHOULD THE MATERIAL, OR ANY OTHER SERVICE PROVIDED BY COMPANY, PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO YOUR COMPUTER OR INCONVENIENCE TO YOU, YOU, AND NOT COMPANY, ASSUME THE ENTIRE COST AND ALL DAMAGES WHICH MAY RESULT DIRECTLY AND INDIRECTLY FROM ANY AND ALL SUCH DEFECTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. UNDER NO CIRCUMSTANCES, AND UNDER NO CAUSE OF ACTION OR LEGAL THEORY, SHALL THE COMPANY, ITS SUPPLIERS, LICENSEES, RESELLERS, OR OTHER SUBSCRIBERS, OR THEIR SUPPLIERS, LICENSEES, RESELLERS OR SUBSCRIBERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES RESULTING FROM ANY USE OF MATERIALS OR OTHER USE OF CumCleveland.com.
LIMITATIONS OF LIABILITY. ANY LIABILITY OF COMPANY, 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 OF MEMBERSHIP FEE PAID BY, OR ON BEHALF OF, THE SUBSCRIBER TO THE COMPANY FOR THE PRECEDING MONTHLY BILLING PERIOD OR PAID TRIAL PERIOD, AS APPLICABLE. 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. COMPANY IS NOT LIABLE FOR DAMAGES RESULTING FROM DISSEMINATING, FAILING TO DISSEMINATE, OR INCORRECTLY OR INACCURATELY DISSEMINATING ANY MATERIAL, DATA, ADVERTISEMENT OR OTHER COMMUNICATION AT OR THROUGH CumCleveland.com.
SERVICE MARK. "CumCleveland.com" is a service mark of the Company, as pending or registered in the US Patent and Trademark Office. All rights are reserved.
NOTICES. Notices from CumCleveland.com to Subscribers may be given by means of e-mail, by general posting on CumCleveland.com, or by U.S. mail. Communications from You to the Company may be made by e-mail, U.S. mail or telephone. All questions, complaints, or notices to CumCleveland.com may be sent by following the simple instructions located within the Customer Support Center. The Customer Support Center can be easily reached at the following Web site: ****************.
AFFILIATION. CumCleveland.com is not affiliated with any company or organization other than the Company. No inference of association or affiliation with, or endorsement by any company or organization is intended or should be inferred.
MISCELLANEOUS. This Agreement contains the entire agreement between the You, the subscriber, and the Company regarding Your use of CumCleveland.com, and all Material and other 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 the Company. This Agreement shall be governed by and construed under the laws of the State of Ohio and the United States as applied to agreements between Ohio state residents entered into and to be performed within the State of Ohio, except as maybe 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.
AFFIRMATION OF AGREEMENT. YOU HEREBY AFFIRM THAT YOU HAVE READ THIS ENTIRE 20 PARAGRAPH AGREEMENT AND AGREE TO BE UNCONDITIONALLY BOUND BY ALL ITS TERMS AND CONDITIONS BY CLICKING WHERE INDICATED BELOW AND BY AUTHORIZING THE USE OF YOUR CREDIT CARD FOR PAYMENT OF CHARGES AND FEES FOR YOUR OBTAINING AND MAINTAINING A SUBSCRIPTION TO CumCleveland.com AND FOR ANY OTHER CHARGES WHICH YOU MAY INCUR FOR GOODS OR SERVICES ORDERED AT OR IN ASSOCIATION WITH CumCleveland.com. CLICK THE "ACCEPT" BUTTON TO INDICATE THAT YOU HAVE READ THIS AGREEMENT ABOVE IN ITS ENTIRETY, UNDERSTAND AND AGREE TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, REPRESENT AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN (18) YEARS (TWENTY ONE (21) IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) AND UNDERSTAND THAT THE MATERIAL AND OTHER MATERIALS PRESENTED AT OR THROUGH CumCleveland.com INCLUDE EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND HETEROSEXUAL, BISEXUAL, HOMOSEXUAL, AND TRANSEXUAL SITUATIONS OF A SEXUAL NATURE, THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND, AND THAT YOU ARE NOT OFFENDED BY SUCH MATERIAL. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, ARE NOT OVER EIGHTEEN (18) YEARS OF AGE, (TWENTYONE (21) IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) OR ARE IN AN UNAUTHORIZED DOWNLOADING LOCATION, YOU ARE NOT AUTHORIZED TO ENTER THIS SITE.

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