WELCOME! YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS
PLEASE CAREFULLY READ THESE
TERMS AND CONDITIONS. YOU ARE BOUND BY THEM. By visiting this website or
by using any service, product, software or other aspect of this website
(which together are referred to herein as the "Service"), you are
agreeing to be bound by all provisions stated in these Terms and
Conditions and all provisions stated in our Privacy Notice. By using the
Service, you are entering into a binding agreement between you and
pichunter.com (which is referred to in these Terms and Conditions as
"we," "us," "our" or "owner"). You are referred to below in these Terms
and Conditions as "You," "Your," or "Member." Additionally, You may be
subject to additional terms and conditions that may apply when You use
affiliate or third-party services or software. If You do not agree to be
bound by these Terms and Conditions, then You must leave our website
and not use the Service.
Age and Legal Access Certification
By subscribing to and entering
the Site, you certify the following information and understand that the
we are relying on such certification and agreement to these terms of
service for allowing entry into the site. You hereby certify under
unsworn declaration of perjury the following:
-
That you are eighteen (18) or twenty-one (21) years of age (whichever is applicable) or older;
-
That you are familiar with
all of the local laws in your area affecting your legal right to access
erotic or adult-oriented or obscene materials;
- That you have the legal right to access erotic or adult-oriented or obscene materials and the Site has the legal right to transmit them to you; that you are requesting erotic or adult-oriented or obscene materials for your own private enjoyment and that you will NEVER share these materials with a minor or in ANY WAY make these materials available IN ANY FORM WHATSOEVER to a minor.
Restrictions on Use
You may ONLY use the Site for
purposes expressly permitted by the Site. You may not use the Site for
any other purpose, including any commercial purpose, without the our
express prior written consent. For example, you may not (and may not
authorize any other party to) (i)co-brand the Site, and/or (ii) frame
the Site, and/or (iii) hyper-link to the Site, without our express prior
written permission or its designated authorized representative. For
purposes of these Terms of Use, "co-branding" means, but is not limited
to, display a name, logo, trademark, or other means of attribution or
identification of any party in such a manner as is reasonably likely to
give a user the impression that such other party has the right to
display, publish, or distribute the Site or content accessible within
the Site. You agree to cooperate with the us in causing any unauthorized
co-branding, framing or hyper-linking immediately to cease.
The use of external
third-party scripts or programs is expressly prohibited if in our
judgement the usage exceeds that of personal use. Access will be
restricted if our system tracks irregular or excessive usage. Such
blocks will be temporary unless the behavior is continued in which case
it could result in your account being closed without refund.
Proprietary Information
The material and content
accessible from the Site, and any other World Wide Web site owned,
operated, licensed, or controlled by the Owner (the "Content") is the
proprietary information of the Owner or the party that provided the
Content to the Owner and the Owner or the party that provided the
Content to the Owner retains all right, title, and interest in the
Content. Accordingly, the Content shall not be copied, distributed,
republished, uploaded, posted, and/or transmitted in any manner
whatsoever, without the express prior written consent of the Owner,
except that you may print out a copy of the Content solely for your
personal use. In doing so, you may not remove and/or alter, or cause to
be removed and/or altered, any copyright, trademark, trade name, service
mark or any other proprietary notice or legend appearing on any of the
Content. Modification or use of the Content except as expressly provided
in these Terms of Use violates the Owner's intellectual property
rights. Neither title nor intellectual property rights are transferred
to you by access to the Site.
Hyper-Links
The Site may be hyper-linked
to other sites which are not maintained by, or related to, the Owner.
Hyper-links to such sites are provided as a service to users and are not
sponsored by or affiliated with the Site or the Owner. Further, the
inclusion of any hyper-link to a third-party site does not necessarily
imply endorsement by the Owner of that site.
Submissions
You hereby grant to the Owner
the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right
and license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform and display all
content, remarks, suggestions, ideas, graphics, or other information
communicated to the Owner through the Site (together, the "Submission"),
and to incorporate any Submission in other works in any form, media, or
technology now known or later developed. The Owner will not be required
to treat any Submission as confidential and may use any Submission in
its business (including without limitation, for products or advertising)
without incurring any liability for royalties or any other
consideration of any kind, and will not incur any liability as a result
of any similarities that may appear in future Owner operations.
The Owner is free from any
and/or all legal obligation under 18 U.S.C. 2257 for Submissions placed
directly on the Site and shall not be responsible for 18 U.S.C. 2257
compliance unless the Submission comes with all records required under
18 U.S.C. 2257.
The Owner will treat any personal information that you submit through the Site in accordance with its Privacy Notice.
Disclaimer
You understand that the Owner
cannot, WILL NOT and does not guarantee AND/or warrant that files
available for downloading from the Internet will be free of viruses,
worms, Trojan horses AND/or other code that may manifest contaminating
or destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and for maintaining a
means external to the Site for the reconstruction of any lost data. The
Owner does not assume any responsibility AND/or risk WHATSOEVER, IN ANY
FORUM, for your use of the Internet.
YOUR USE OF THE SITE IS AT
YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESSED OR IMPLIED. THE OWNER DISCLAIMS ALL
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR
NON-INFRINGEMENT. THE OWNER DOES NOT WARRANT THAT THE FUNCTIONS OR
CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE OWNER
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE, OR THE
RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY OR
OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR
TYPOGRAPHICAL ERRORS AND THE OWNER MAY OR MAY NOT MAKE CHANGES AND/OR
IMPROVEMENTS AT ANY TIME. YOU, AND NOT THE OWNER, ASSUME THE ENTIRE COST
OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY
LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR ITS CONTENT. THE
OWNER MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE
THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR
ERRORS OR OMISSIONS OR INFRINGEMENTS IN SUCH CONTENT. THE OWNER DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENT'S
APPROPRIATENESS OR AUTHORIZATION FOR USE IN ALL COUNTRIES, STATES,
PROVINCES, COUNTY, LOCALITIES OR ANY OTHER JURISDICTIONS. IF YOU CHOOSE
TO ACCESS THE SITE, YOU DO SO ON YOUR OWN INITIATIVE AND RISK AND ARE
SOLELY, TOTALLY AND COMPLETELY RESPONSIBLE FOR COMPLIANCE WITH ALL
APPLICABLE LAWS.
Limitation on Liability
THE OWNER, ITS SUBSIDIARIES,
AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES,
AGENTS, OFFICERS, OFFICIALS. CONTRACTORS AND DIRECTORS WILL NOT BE
LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, INCIDENTAL,
DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY,
INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR INCOME, PAIN AND
SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THE OWNER HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE
COLLECTIVE LIABILITY OF THE OWNER AND ITS SUBSIDIARIES, AFFILIATES,
LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR
THE AMOUNT YOU HAVE PAID TO THE OWNER FOR THE APPLICABLE CONTENT OR
SERVICE OUT OF WHICH LIABILITY AROSE.
Indemnity
You will indemnify, DEFEND and
hold the Owner, its subsidiaries, affiliates, licensors, content
providers, service providers, employees, agents, officers, OFFICIALS,
directors, and contractors (the "Indemnified Parties") harmless from any
AND ALL breachES of these Terms of Use by you, including any use of
Content other than as expressly authorized in these Terms of Use. You
agree that the Indemnified Parties will have no liability in connection
with any such breach or unauthorized use, and you agree to indemnify any
and all resulting loss, damages, judgments, awards, costs, expenses and
attorneys' fees of the Indemnified Parties in connection therewith. You
will also indemnify and hold the Indemnified Parties harmless from and
against any claims brought by third parties arising out of your use of
the information accessed from the Site.
Trademarks
Trademarks, service marks
and/OR logos appearing ON OR in the Site are the property of the Owner
or the party that provided the trademarks, service marks and/OR logos to
the Owner. The Owner and any party that provided trademarks, service
marks and/OR logos to the Owner retain all rights AND PRIVILEGES with
respect to any of their respective trademarks, service marks, and logos
appearing in the Site.
Information You Provide
- You may not post, send, submit, publish or transmit, in connection with the Site, any material that:
- You do not have the right to post, including proprietary material of any third party;
- Advocates illegal activity and/or discusses an intent to commit an illegal act;
- Is vulgar, obscene, pornographic, or indecent;
- Does not pertain directly to the site;
- Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
- Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- Infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
- Violates any law or may be considered to violate any law;
- Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), except as may be specifically authorized on the site;
- Solicits funds, advertisers or sponsors;
- Includes programs which contain viruses, worms and/or trojan horses or any other computer code, files or programs designed to interrupt, destroy and/or limit the functionality of any computer software or hardware or telecommunications;
- Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way which affects the ability of other people to engage in real time activities via the site;
- Includes mp3 format files;
- Amounts to a "pyramid" or similar scheme;
- Disobeys any policy or regulations established from time to time regarding use of the site or any networks connected to the site;
- Contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
The Owner reserves the right to monitor use of the Site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither the Owner nor any third party that provides Content to the Owner will assume or have any liability for any action or inaction by the Owner or such third party with respect to any submission.
Security
Any passwords used for the
Site are for individual use only. You will be completely and totally
responsible for the security of your password. The Owner will be
entitled to monitor your password and, at its discretion, require you to
change it. If you use a password that the Owner considers insecure, the
Owner will be entitled to require the password to be changed and/or
terminate your account.
You are prohibited from using
any services or facilities provided in connection with the Site to
compromise security and/or tamper with system resources and/or accounts.
The use or distribution of tools designed for compromising security
(e.g., password guessing programs, cracking tools or network probing
tools) is strictly prohibited. If you become involved in any violation
of system security, the Owner reserves the right to release your details
to system administrators at other sites in order to assist them in
resolving security incidents. The Owner reserves the right to
investigate suspected violations of these Terms of Use.
The Owner reserves the right
to fully cooperate with any law enforcement authorities or court order
requesting or directing the Owner to disclose the identity of anyone
posting any e-mail messages, or publishing or otherwise making available
any materials that are believed to violate these Terms of Use.
BY ACCEPTING THIS AGREEMENT,
YOU WAIVE AND HOLD HARMLESS THE OWNER, ITS SUBSIDIARIES, AFFILIATES,
LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS, OFFICIALS, CONTRACTORS AND DIRECTORS FROM ANY CLAIMS RESULTING
FROM ANY ACTION TAKEN BY THE OWNER DURING OR AS A RESULT OF ITS
INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF
INVESTIGATIONS BY EITHER THE OWNER OR LAW ENFORCEMENT AUTHORITIES.
Credit Card Usage
The Site permits you to use a
credit card to place an order to purchase materials and products for a
fee. By placing an order on the Site, you agree to pay the Owner all
amounts accrued in your account, including, but not limited to sales,
tax and shipping and handling charges, when due. Your ability to
purchase materials and products is subject to limits established by the
Owner and/or your credit card issuer. The Owner shall bill your credit
card at the time material is ordered and at any other time the Owner
sees fit and appropriate to do so. The Owner reserves the right, in its
sole discretion, and without prior notice, to decline service to or
terminate your Site account without notice. The Owner also reserves the
right, in its sole discretion, and without prior notice, to limit the
order quantity on any material or product and/or to refuse service to
any customer.
Refund Policy
By accessing the site, you are indicating
your acknowledgment and acceptance that, upon subscription to the site,
you may be subject to certain immediate and automatically recurring
charges which shall be billed to your credit card that you provided upon
initial subscription. Your card will be charged, and will continue to
be charged untill you cancel your subscription under the terms and
conditions of this Agreement. The charges which You will incur, and
hereby authorize, are as follows depending on the type you selected and
agreed to at the time of initial subscription:
- Trial Subscriptions. You may subscribe to the site for a specific period of time, under the then current billing terms as set forth on the sign-up page of the site.
- Automatic Renewal of Paid Trial Subscription to Monthly Membership. All Trial Subscriptions shall renew, automatically and without notice, to a Monthly Membership, starting at US$29.95 per month for a $3.95 three (3) day trial subscription and $39.95 per month for a $1.00 one (1) day trial subscription.
- 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."
- Automatic Renewal of Multi-Month Membership. All Multi-Month Memberships shall renew, automatically and without notice, for successive periods of approximately three (3) months, commencing upon the expiration of the paid trial subscription, and continuing thereafter for successive periods of approximately three (3) months, unless and until this agreement is canceled by you or the company in accordance with the terms hereof. Each period of approximately three (3) month shall be referred to as the "Multi-Month Subscription Period."
- Cancellation by Company. The company may, at any time and at its sole discretion, cancel any paid trial membership, monthly membership, or multi-month membership; provided, however, if the company cancels any paid membership prior to its expiration, the company shall provide a full refund therefore by automatic credit.
- Cancellation of Automatic Renewal of Paid Trial Subscription to Monthly Membership. TO CANCEL AUTOMATIC RENEWAL AT THE END OF THE PAID TRIAL SUBSCRIPTION, YOU MUST NOTIFY THE COMPANY PRIOR TO THE END OF THE PAID TRIAL PERIOD, BY CONTACTING THE COMPANY BY E-MAIL, TELEPHONE OR U.S. MAIL. .
- Cancellation of Automatic Renewal of Monthly Membership or Multi-Month 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.
- Cancellations Effective Upon Receipt By Company. All cancellations received by the Company will be effective upon confirmed receipt.
- No Pro-Rated Refunds for Cancellation of Monthly Membership or Multi-Month Membership. You hereby acknowledge and agree that if You cancel your monthly or multi-month 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 or multi-month membership before the end of the then current monthly subscription period. You agree that if you cancel at any time after purchasing a monthly or multi-month subscription to the site (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 the site shall not mean "free preview" of the site.
- 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 the site 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 the site. You agree to be personally liable for all charges incurred by you during or through the use of the site. Your liability for such charges shall continue after termination of your membership.
- 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, debit card debit, or ACH and you hereby authorize the Company and its agents to process such transactions on Your behalf until untill you cancel your subscription under the terms and conditions of this Agreement.
Termination of Service
The Owner may alter, change,
suspend or discontinue any aspect of the Site at any time, including the
availability of any Site feature, database or content. The Owner may
also impose limits on certain features and services or restrict your
access to parts or the entire Site without notice or liability at any
time in the Owner's exclusive discretion, without prejudice to any legal
or equitable remedies available to the Owner, for any reason or
purpose, including, but not limited to, conduct that the Owner believes
violates these Terms of Use or other policies or guidelines posted on
the Site or conduct which the Owner believes is harmful to other
customers, to the Owner's business, or to other information providers.
Upon any termination of this agreement, you will immediately discontinue
your use and access of the Site and destroy all materials obtained from
it.
Waiver
The Owner's failure to enforce strict performance of any provision of these Terms of Use will not constitute a waiver of the Owner's right to subsequently enforce such a provision or any other provision of these Terms of Use nor will any delay or omission on the part of the Owner to exercise or take advantage of any right or remedy that the Owner has or may have hereunder operate as a waiver of any right or remedy.
Acts of God
The Owner shall be excused
from its obligations for any period to the extent that the Owner is
prevented from performing, in whole or in part, its obligations under
these Terms of Use, as a result of any acts of God, any action(s),
regulation(s), order(s) or request(s) by any governmental or
quasi-governmental entity (whether or not the action(s), regulations(s),
order(s), or request(s) prove(s) to be invalid), Internet failure,
equipment failure, earthquake, war, fire, flood, explosion, unusually
severe weather, hurricane, embargo, labor dispute or strike (whether
legal or illegal) labor or material shortage, transportation
interruption of any kind, work slow-down, civil disturbance,
insurrection, riot, foreign or domestic court order, third party
non-performance (including the acts or omissions of any suppliers,
agents, or subcontractors) or any other cause beyond the Owner's
reasonable control affecting production or delivery in any manner,
including failure or fluctuations in electrical power, heat, light, air
conditioning or telecommunications equipment or lines or other
equipment, whether electronic or otherwise.
Notices
Notices by site owner to
customers shall be given by means of electronic messages or by a general
posting on the site. Notices by customers to site owner shall be given
by electronic messages unless otherwise specified in the agreement. All
questions, complaints, or notices to site owner by means of electronic
message must be sent to PROVIDE E-MAIL ADDRESS. This will be the only
acceptable form of communications.
Miscellaneous
These Terms of Use will be
governed and interpreted pursuant to the laws of the State of
California, United States of America, notwithstanding any principles of
conflicts of law. You specifically consent to personal jurisdiction in
the State of California in connection with any dispute between you and
the Owner arising out of these Terms of Use or pertaining to the subject
matter hereof. The parties to these Terms of Use each agree that the
exclusive venue for any dispute between the parties arising out of these
Terms of Use or pertaining to the subject matter of these Terms of Use
will be in the state and federal courts in California. If any part of
these Terms of Use is unlawful, void or unenforceable, that part will be
deemed severable and will not affect the validity and enforceability of
any remaining provisions. These Terms of Use constitute the entire
agreement among the parties relating to this subject matter.
Notwithstanding the foregoing, any additional terms and conditions on
the Site will govern the items to which they pertain. We may revise
these Terms of Use at any time by updating this posting.
Last updated: 2019-01-08