AdultMax.tv Terms and Conditions
NOTICE TO INTERNATIONAL USERS
Netmax Media, LLC makes no representation that
materials on this Site are appropriate or available for use in any particular
locations, and accessing them from territories where their contents are illegal
is prohibited. Those who choose to access this Site from any location do so on their own initiative, at their own risk, and are
responsible for compliance with local laws. If you use this Site in a
jurisdiction that prohibits or restricts such use, your use will be subject
to, without limitation, any other provision of the Terms of Use, and Netmax Media, LLC shall not have any liability with
respect to such use.
NETMAX MEDIA, LLC TERMS & CONDITIONS Updated: June 2009
Thank you for visiting our Web Site (www.adultmax.tv), YOU SHOULD READ THE
FOLLOWING TERMS CAREFULLY BEFORE USING THIS SITE. These Terms and Conditions
of Use ("Terms of Service") and “Privacy Policy”, which
are incorporated as a link on every page of the site for your reference,
govern your use of the Site. You may wish to print this page for reference.
If you do not agree with all these Terms, please exit this Site. Limited use
of the Site is offered to you by Netmax Media, LLC
subject to, and conditioned upon your acceptance of, the Terms of Use and
Privacy Policy. By using this Site, or subscribing to any single VOD rental
or package bundle offered through this Site, you are accepting the Terms of
Use and Privacy Policy as may be modified from time to time by posting at
this Site. Your continued use of the service now, or following the posting of
notice of any changes to the Terms of Use, will constitute a binding
acceptance by you of this agreement, or any subsequent modifications of this
agreement. Throughout the Terms of Use and Privacy Policy, references
to "we", "us" and "our" as well as "Netmax Media" refers to Netmax
Media, LLC.
1. SEXUALLY-EXPLICIT MATERIALS.
1.1 ALL
MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED AT THE
WEBSITE ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN
LOCATIONS WHERE THE MATERIALS, MESSAGES AND OTHER COMMUNICATIONS CONTAINED AT
THE WEBSITE DO NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY FEDERAL, STATE OR
LOCAL LAW OR REGULATION OF THE UNITED STATES OR ANY OTHER COUNTRY. NO PERSONS UNDER THE AGE OF EIGHTEEN
(18) YEARS (TWENTY-ONE (21) IN PLACES WHERE EIGHTEEN YEARS IS NOT THE AGE OF
MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF
THE WEBSITE OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN
THE WEBSITE.
1.2 YOU HEREBY ACKNOWLEDGE AND REPRESENT THAT YOU KNOW AND UNDERSTAND THAT
THE MATERIALS PRESENTED AT, AND/OR DOWNLOADABLE FROM, THE WEBSITE INCLUDE
EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND SEXUAL
ACTIVITIES, INCLUDING WITHOUT LIMITATION, HETEROSEXUAL, BI-SEXUAL,
HOMOSEXUAL, AND TRANSSEXUAL ACTIVITIES OF AN EXPLICIT SEXUAL NATURE; THAT YOU
ARE FAMILIAR WITH MATERIALS OF THIS KIND; THAT YOU ARE NOT OFFENDED BY SUCH
MATERIALS; AND THAT BY AGREEING TO THESE TERMS AND CONDITIONS YOU ARE
WARRANTING TO THE COMPANY THAT YOU ARE INTENTIONALLY AND KNOWINGLY SEEKING
ACCESS TO SUCH EXPLICIT SEXUAL MATERIALS FOR YOUR OWN PERSONAL VIEWING.
2. AGE OF MAJORITY
2.1 NO
PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTYONE (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 THE WEBSITE.
2.2 YOU HEREBY FURTHER AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE
OF EIGHTEEN (18) YEARS (TWENTYONE (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.
3. LICENSES
3.1 License to Use the Site. Netmax
Media grants you a non-exclusive, non-sublicensable,
non-transferable, limited right to access and use this Site, and view the
package(s) subscribed to by you by way of one (1) computer (or other
applicable device) owned or controlled by you, connected to the Site over the
Internet at any given time and in strict conformity with these Terms of Use.
You may not publicly display any portion of the Site, or any films or other
audiovisual or digital works available at this Site. Any other use or
exploitation of this Site, including the content on the Site (the "Site
Content") and the software used by Netmax
Media to provide the Site (the "Site Code"), and the design of this
site is strictly prohibited.
3.2 License for Channel(s)/Package(s) to which You Subscribe. Subject to you
making timely payments as required hereunder, Netmax
Media grants you a non-exclusive, non-transferable, limited right to view and
use the particular channel(s)/Package(s) to which you have subscribed. Payment
for particular channel/package or channel/package bundle subscriptions on Netmax Media is made on a month-to-month, quarterly or
yearly basis, as one or more such payment options are made available by Netmax Media and as selected by you. You will automatically
be charged the regularly recurring subscriber fee until you cancel your
subscription (which you may do at any time) or until your subscription is
cancelled by Netmax Media. If you purchase a
subscription to access a particular channel/package bundle and cancel at any
time during that subscription active period, Netmax
Media will not refund any of your subscription charges for that particular
period. Netmax Media has provided free
demonstration video streams to test your ability to receive video streams
from Netmax Media. It is required that you test
these free demonstration video streams before subscribing to any Netmax Media video channels/packages. While you may
cancel your subscription(s) at any time, Netmax
Media will not provide any refund to users for reasons related in any way to
their users' ability to receive a satisfactory video stream from Netmax Media. Netmax Media may
also provide users with non-recurring content which will be paid for on a
one-time basis and no recurring monthly charges will apply.
3.3 Copyright. The Site Content and Site Code are owned by Netmax Media, LLC and/or its licensors and content
providers and are protected by applicable domestic and international
copyright laws. Copyright 2008 Netmax Media, LLC
All Rights Reserved. Unless expressly permitted elsewhere in the Site by Netmax Media, you shall not record, copy, distribute,
publish, perform, modify, download, transmit, transfer, sell, license,
reproduce, create derivative works from or based upon, distribute, post,
publicly display, frame, link, or in any other way exploit any of the Site
Content or Site Code, in whole or in part. Any rights not expressly granted
to you are reserved. Any violation of copyright laws may result in severe
civil and criminal penalties. Violators will be prosecuted to the maximum
extent possible.
3.4 Trademark. Netmax Media, Netmax.tv,
Entertainment Outreached are trademarks and service marks belonging to Netmax Media, LLC. (the "Netmax Media Marks"). Any product, service, or trade
name other than those owned by Netmax Media that
identify a third party as the source thereof may, even if not so indicated,
be the service mark or trademark of that respective entity or individual. Any
unauthorized use of the Netmax Media Marks is
strictly prohibited.
3.5 Non-Commercial/Personal Use Limitation. Netmax Media grants you this license for the limited
purpose of personal use, and not for any commercial purpose. No business
entity (e.g., corporation, partnership, sole proprietorship) is licensed to
use this Site. You hereby agree not to use the Site, the Site Content, or any
element or portion thereof (including, without limitation, e-mail addresses
of users), for any commercial purpose whatsoever.
3.6 License Restrictions Notwithstanding anything in this Agreement to the
contrary, you agree that you will not:
- operate or utilize the Netmax
Media Site, including the content, programming, services, and features
contained on or through the Site in a manner that violates any
applicable local, state, national or international law or governmental
regulation, policy procedure or ordinance;
- operate or utilize the Netmax
Media Site, including the content, programming, services, and features
contained on or through the Site, if this license has been terminated by
Netmax Media;
- operate or utilize the Netmax
Media Site, including the content, programming, services, and features
contained on or through the Site, in a manner that violates the Terms of
Service or Privacy Policy;
- operate or utilize the Netmax
Media Site, including the content, programming, services, and features
contained on or through the Site for non-personal or commercial purposes
or for the benefit of any third party or charge any person for the use
or distribution of the content, programming, services, and features
contained on or through the Site;
- sell, assign, rent, lease, distribute, export,
import, act as intermediary or provider, act as a service bureau, or
otherwise grant rights in the Netmax Media
Site, including the content, programming, services, and features
contained on or through the Site, including, without limitation, through
sublicense, to any other person or entity;
- remove any proprietary notices from the Netmax Media Site, or from any content, services,
programming, or features contained on or through the Netmax
Media Site;
- undertake, cause, permit or authorize the
modification, creation of derivative works, translation, reverse
engineering, decompiling, disassembling or hacking of the Netmax Media Site, software and/or data and/or
content or programming transmitted, processed or stored by Netmax Media or other users of the Netmax Media Site;
- use any unlicensed or unauthorized copies of the Netmax Media Site, including the content,
programming, services, and features contained on or through the Site;
- collect any information or communication about the
users of the Netmax Media Site by monitoring,
interdicting or intercepting any process of or communication initiated
by the Netmax Media Site or by developing or
using any software or any other process or method that engages or
assists in engaging in any of the foregoing;
- use any type of bot,
spider, virus, clock, timer, counter, worm, software lock, drop dead
device, packet-sniffer, Trojan-horse routing, trap door, time bomb or
any other codes or instructions that are designed to be used to provide
a means of surreptitious or unauthorized access or that are designed to
monitor, distort, delete, damage or disassemble the Netmax
Media Site, including the content, programming, services, and features
contained on or through the Site or its ability to communicate and
function with other computers running the Site or software;
- with the exception of completely deleting the Netmax Media Site, including the content,
programming, services, and features contained on or through the Site
from your computer, and those actions permitted by your manual use of
the user interface provided as part of the Netmax
Media Site, take any action, including downloading and/or using third
party software, that (1) modifies the settings of the Netmax Media Site and Software as it functions with
your computer, or (2) otherwise modifies, alters, blocks or interferes
with the functioning of the Netmax Media Site;
- attempt to hack the Netmax
Media Site or any communication initiated by the Netmax
Media Site or to defeat or overcome any encryption and/or other
technical protection methods implemented by Netmax
Media with respect to the Netmax Media Site,
software and/or data and/or content or programming transmitted,
processed or stored by Netmax Media or other
users of the Netmax Media Site;
- interfere with or in any manner compromise any of Netmax Media's security measures; or
- alter, modify, delete, or otherwise interfere with or
in any manner compromise any content, programming, advertising, services
and/or features contained on or through the Netmax
Media Site, including, without limitation, the Netmax
Media advertising and/or content delivery and display functionality.
3.7 Reservation of Rights. Any
rights not expressly granted by Netmax Media herein
are reserved. You may not download, modify, publish, transmit, transfer or
sell, reproduce, create derivative works from or based on, distribute,
perform, publicly display, or in any way exploit any of the Site Content, in
whole or in part, except as expressly permitted in these Terms of Use.
4. USE OF THE SITE, GENERAL TERMS
4.1 Free Content. Certain video content shall be
made available for viewing on the Site from time to time free of charge at
the sole discretion of Netmax Media. These free
Site Content viewing services are sometimes referred to herein as the Free Previews.
The Free Previews are made available free of charge to all users in return
for registering with Netmax Media by providing
their email address. We reserve the right to send electronic mail to Free
Users from time to time to inform them of site updates, product offers and
promotions. The email address will never be shared with 3rd parties. If Free
Users wish to stop receiving such communications from us they must use the
"unsubscribe" link displayed on the emails, but they will no longer
be able to access free Site Content once they unsubscribe.
Third party advertising may be displayed within or adjacent to the Content
being viewed on the Site. You understand and agree that such advertising
displayed may include content-targeted advertisements or other related
information.
4.2 Fee-Based Content. Subject to 4.1 certain Video packages on the Site are
available for a fee (Fee-Based Services) and include Subscription Fee
Services and One Time Fee Services.
(a) Fee-Based Content available on a monthly, quarterly or yearly subscriber
fee basis (that is, you must pay a monthly, quarterly or yearly fee to access
these video channels) are sometimes referred to herein as the
"Subscription Fee Services". Payment of a monthly, quarterly or
yearly subscription fee entitles you to watch the applicable channel during
the applicable period.
(b) Fee-Based Content also includes Pay per View ("PPV") and Video
on Demand ("VOD") assets which are provided on a one time payment basis without any recurring fees
("One Time Fee Services").
c) We reserve the right to send electronic mail to Fee-Based Content users
from time to time to inform them of site updates, product offers and promotions.
Unless as otherwise set forth in our privacy policy, the email address will
never be shared with third parties. If users wish to stop receiving such
communications from us they can email support@netmax.tv to request that their
email address be removed from future communications or may use the
unsubscribe link displayed on the emails and their address will be removed
from future communications.
d) Third party advertising may be displayed within or adjacent to the
packages being viewed on the Site. You understand and agree that such
advertising displayed may include content-targeted advertisements or other
related information.
4.3 Interchanging Services. Netmax Media may
interchange content between Free Content and Fee-Based Content at its sole
discretion for any reason and without notice at any time. In the event a content is moved from a Fee-Based Service to Free
Service, no subscription fees paid for said Fee-Based Content are refundable
to you. You understand and agree that your only remedy in this case is to
cancel the service as further described in 7.7 below.
4.4 You agree to pay, using any valid payment method accepted by Netmax Media, the pay-per-view and/or subscription
charges set forth on the Site, applicable taxes, and other charges incurred
on your account, credit card or otherwise, in order to access these services.
Netmax Media reserves the right to increase or
decrease fees, surcharges, and site subscription fees, or to institute new
fees at any time, upon reasonable notice posted in advance on this Site. Netmax Media will automatically charge your account,
credit card or otherwise, for renewal of your monthly, quarterly,
semi-annually, and yearly site subscription. The renewal charge will be the
same as the prior period's charge, unless you are otherwise notified in
advance as provided herein. In the event Netmax
Media cannot charge your card account, we reserve the right to terminate your
access to the Fee-Based Services and you agree to arrange for payment of
amounts outstanding.
4.5 In addition to the charges set forth above, you are responsible for all
charges associated with connecting to the Site, including without limitation
all fees and expenses necessary for you to connect to the public internet
such as telephone access lines (including long-distance charges, when
applicable), telephone and computer equipment and any service fees necessary
to access the Fee-Based Services and the Free Services.
4.6 Nature of Services. Netmax Media offers its
Site services for entertainment purposes only. Netmax
Media does not warrant the truth or validity of the information contained on
its Site. You acknowledge and understand that, because of the possibility of
human and mechanical error, mistakes or omissions in the data or information
provided, delays or interruptions of the data or information stream from
whatever cause, as well as other factors, Netmax
Media is not responsible for errors in or omissions from the information
contained or accessed through the Site. ALL INFORMATION AND SITE CONTENT ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
4.7 Username/Password. Netmax Media may issue you a
username and/or password for access to certain portions of, or services
provided via, the Site. You shall hold and secure any such username or
password as strictly confidential. Accordingly, you shall not allow friends,
family, business associates or other persons access
to or use of such username or password. You, and not Netmax
Media, shall be responsible for any fees or other liabilities incurred in the
event that your password is shared with or otherwise misappropriated by a
third party except where such misappropriation is through the fault of Netmax Media.
4.8 Advertising/Purchases. Netmax Media may display
advertising and other information within the interface of the Site and/or in
connection with the display of Site Content and programming, in all cases
without compensation to you. Netmax Media serves
advertisements within or adjacent to the Site Content and programming
delivered to you by Netmax Media. You understand
and agree that Netmax Media may include
content-targeted advertisements or other related information, as further
described in the Netmax Media Privacy Policy. Your
correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Site, including payment and delivery of
related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and
such advertiser.
4.9 Third Party Links. The links provided through the Site are provided as a
courtesy only, and the sites they link to are not under the control of Netmax Media in any manner whatsoever. Therefore, Netmax Media is in no manner responsible for the contents
of any such linked site or any link contained within a linked site, including
any changes or updates to such sites. Netmax Media
is providing these links merely as a convenience, and the inclusion of any
link does not in any way imply or express affiliation, endorsement or
sponsorship by Netmax Media of any linked site
and/or any of its content therein.
5. TERMS RELATING TO SUBSCRIPTION OFFERINGS
5.1 Terms relating to Subscription Offerings.
5.2 Our subscription offerings are available at different price points and we
reserve the right to change those rates at any time. The price will always be
clearly marked on the subscription page for the channel and clearly
identified when you enter your credit card information.
5.3 Only payment methods approved by Netmax Media,
including a valid credit card (VISA, MasterCard, and AMEX) issued to you are
required to pay for the subscription offerings. The subscription fee will be
charged only when you comply with the payment requirements including, but not
limited to submission of the payment and/or credit card information, as the
case may be, to us.
5.4 Once you subscribe to a particular video channel(s), you are limited to
watching it on one computer at any given time.
5.5 Terms relating to Our Subscription Service.
(a) In order to subscribe to our subscription service you will need to enter
your credit card information. However, and this is important, WE WILL BILL
YOUR CREDIT CARD FOR THE SUBSCRIPTION FEE EACH AND EVERY MONTHLY, QUARTERLY,OR YEARLY PAYMENT PERIOD (AS APPLICABLE DEPENDING ON THE
SUBSCRIPTION PERIOD YOU ELECTED WHEN FIRST SUBSCRIBING TO SUCH CHANNEL OR CHANNEL
BUNDLE, OR THE NEXT SHORTEST PERIOD IF THE PERIOD YOU SELECTED IS NO LONGER
OFFERED) THEREAFTER UNTIL YOU PROVIDE US NOTICE, PURSUANT TO SECTION 7.1, TO
O CEASE (or until we decide to stop, whichever comes first). That way, you
have continuous access to the video channel(s) that you have subscribed to.
Please note that once you cancel your subscription, it will not actually
expire until your next billing cycle. And, Netmax
Media will not provide you with a refund for the current period. So, what
this means is, once we have charged you for a month, quarter, half-year or
year, you have paid for that month, quarter, half-year or year (and have
access to the subscription for that period, even if you cancel prior to the
end of such period). Of course, once you cancel, you can re-subscribe at any
time.
(b) Once you subscribe to our Fee Based Services, we will bill your credit
card on the same date of each subsequent month, quarter or year, as
applicable (the "Anniversary Date"). Should you elect to cancel your
subscription and then re-subscribe at a later date, that later date will be
your new Anniversary Date. Occasionally, Netmax
Media will provide a customer with free days to access his or her
subscription. In this circumstance, your billing date may change.
5.6 Terms Relating to Refunds. Netmax Media does
not provide refunds on subscription fees already paid. Further, no refunds
shall be credited, as further described in 4.3, in cases where a Fee-Based
Service is offered as a Free Service during the subscription term.
6. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY; INDEMNIFICATION
6.1 As with any on-line interaction and electronic communication, there is an
inherent risk involved in transmitting any information via the Internet. Netmax Media does not and cannot guarantee that its
system is free from hackers or viruses or that information provided by users
to Netmax Media will not be stolen or otherwise
surreptitiously obtained. Netmax Media is not
responsible or liable for any infections or contamination of your system or
delays, inaccuracies, errors, or omissions arising out of your use of this
Site or with respect to the Site Content. You hereby acknowledge and
understand that such risk is inherent in interacting with any website,
including this Site, and take full responsibility for any harm, danger or
damage that ensues due to any such breach in security. Pursuant to these
Terms of Use, Netmax Media expressly disclaims any
liability arising out of such harm, danger or damage. In addition, you agree
to be responsible for obtaining and maintaining all telephone, computer
hardware and other equipment needed for access to and use of this Site and
you shall be responsible for all charges related thereto.
6.2 NEITHER NETMAX MEDIA NOR ANY PROVIDER OF CONTENT FOR THE SITE OR THEIR
RESPECTIVE AGENTS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE,
FREE FROM VIRUSES OR SECURITY BREACHES; NOR DOES NETMAX MEDIA, ANY PROVIDER
OF CONTENT TO THE SITE, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE
RESULTS TO BE OBTAINED FROM USE OF THE SITE. THE SITE AND SITE CONTENT IS NOT
GUARANTEED TO BE ACCURATE, TIMELY OR VERIFIED OR AVAILABLE AT ALL TIMES. THE
SITE AND THE SITE CONTENT ARE DISTRIBUTED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. NETMAX MEDIA AND ITS AGENTS DO NOT MAKE ANY
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE
SITE, ANY CONTENT, OR ANY GOODS OR SERVICES SOLD THROUGH THE SITE. YOU
EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT OR DATA MADE AVAILABLE
VIA THE SITE IS ASSUMED SOLELY BY YOU.
6.3 NEITHER NETMAX MEDIA, ANY THIRD PARTY CONTENT PROVIDER
NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING ANY DISCLAIMERS PROVIDED
HEREIN, NETMAX MEDIA TOTAL LIABILITY TO YOU, WHETHER BROUGHT IN A MATTER
UNDER CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID FOR
THE SERVICES PROVIDED IN THE MONTH GIVING RISE TO SUCH LIABILITY.
6.4 WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW CLAUSE BELOW, SOME
JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF
LIABILITY OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS
OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF
NETMAX MEDIA, THIRD PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS
SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
6.5 You
agree to be personally liable and fully indemnify Netmax
Media, its employees, agents, attorneys, and its successors and assigns for
any and all damages directly, indirectly and/or consequentially resulting
from any attempted or actual unauthorized downloading or other duplication of
Site Content from the Site by you 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 Site Content from the Site, including
attorney’s fees.
6.6 Termination. In addition to
any other rights of the parties set forth herein, either you or Netmax Media may cancel or terminate this agreement at
any time in accordance with the subscription help instructions. Netmax Media also reserves the right to restrict, suspend
or terminate your access to the Fee-Based Services and/or the Free Services
in whole or in part, without notice, with respect to any breach or threatened
breach of any portion of this agreement. If Netmax
Media terminates this agreement based on a breach of any portion of this
agreement, Netmax Media reserves the right to
refuse to provide a subscription or any Fee-Based Services and/or the Free
Services to you in the future.
7. GENERAL TERMS.
7.1 Notices. Notices by Netmax Media to you may be
given by means of a general posting at the Site. Notices (including
questions, complaints, or legal notices) by you may be given by electronic
messages or conventional mail, unless otherwise specified in these Terms of
Use as follows:
(i) Electronic mail (e-mail) must be sent to:
[support@netmax.tv]
(ii) Mail and courier deliveries must be sent to: 1848 Old Norcross Road, Ste. A, Lawrenceville, Georgia 30044
7.2 Governing Law/Forum Selection. These Terms of Use are governed by the
laws of the State of Georgia
and the federal laws applicable therein. You hereby consent to the exclusive
jurisdiction and venue of the courts in Georgia in any and all claims or
disputes arising out of, to enforce, construe, or otherwise relating to,
these Terms of Use or this Site.
7.3 Full Integration. These Terms of Use constitute the entire agreement
between you and Netmax Media related to this Site.
No prior or contemporaneous written, oral, and electronic representation,
negotiation, or agreement form a part of this agreement, and these Terms of
Use supersede all prior written, oral, or electronic agreements between you
and Netmax Media relating to this Site.
7.4 Written Agreement. These Terms of Use constitute a written agreement
between you and Netmax Media. A printed version of
these Terms of Use, and of any notice given in electronic form related to
this agreement, shall be admissible in judicial or administrative proceedings
to the same extent, and subject to the same restrictions, as other business
contracts, documents, or records originally generated and maintained in
printed form.
7.5 Compliance with Laws. Netmax Media makes no
representation or warranty that the Site or Site Content is legal,
appropriate or available for use in all geographic locations. Those who
choose to access this Site do so at their own risk and are responsible for
compliance with any and all local laws, if and to the extent local laws are
applicable.
7.6 Electronic Form of Agreement. You hereby waive any and all defenses you
may have based on the electronic form of these Terms of Use and the lack of
signatures.
7.7 Modifications. Netmax Media has the right to
modify this agreement and any policies affecting the Site. Any modification
is effective immediately upon posting to the Site or distribution via
electronic mail or conventional mail. Your continued use of the Site
following notice of any modification to this agreement shall be conclusively
deemed an acceptance of all such modification(s). Your only right with
respect to any dissatisfaction with any modifications made pursuant to this
provision, or any policies or practices of Netmax
Media in providing the Site, including without limitation (i) any change in the Site Content, or (ii) any change in
the amount or type of fees associated with the Fee-Based Services, or (iii)
interchanging between Fee-Based Services and Free Services, is to cancel your
subscription in accordance with the subscription help instructions. Netmax Media has the right to modify, suspend or
discontinue the Site or any portion thereof at any time, including the
availability of any area of the Site, including without limitation the
Fee-Based Services and/or the Free Services. Netmax
Media may also impose limits on certain features and services or restrict
your access to parts or all of the Netmax Media
Site without notice or liability.
7.8 Warranties and Representations of User. You hereby represent and warrant
that you possess the legal right and ability to enter into this Agreement and
comply with its terms.
7.9 The parties hereto have expressly required that this agreement and all
deeds, documents and notice relating thereto be drafted in the English Language.
THANK YOU FOR VISITING NETMAX MEDIA.
LAST UPDATED: June 10, 2009
Contacting Netmax Media, LLC ?If you have any
questions about these Terms of Use and privacy statement, the practices of
this Site, or your dealings with this Site, you can contact us at Netmax Media, LLC 1848 Old Norcross Road, Ste. A, Lawrenceville, Georgia
30044, USA
Copyright
Netmax Media LLC, 2007-2012 All Rights Reserved
|