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Fraudulent Chargeback Policy
The charge that will appear on your credit card statement will be billed discretely. Should you have any problem with a product or service you have received from our
company, you must contact us within 7 business days. We will make every attempt to rectify the situation.
If you place a chargeback with your credit card company (on purpose or by mistake) for any order for goods or services that you placed and received prior to contacting us
regarding a problem with a product or service, there will be a $50.00 research fee charged to your account upon receiving the chargeback by our merchant provider to cover
our investigative expenses.
We do not tolerate credit card fraud, and all fraud, without exception, will be prosecuted to the full extent of the law. In addition, we will pursue civil legal action seeking
any loss of income related to the fraud, including business, legal fees, research costs, employee down time and loss of revenues.
We consider credit card chargebacks to be fraud if you have made no reasonable effort to work with us to resolve any problems with your purchase of goods or services. All
frivolous chargebacks not only cost our employees time away from our usual and customary matters of conducting normal business, but cost us money, therefore:
In the event that you win the charge back with your credit card company, and have not returned our goods, we will attempt to recover fraudulently disputed charges plus
additional costs via a third-party collection agency and your account will be reported to all credit bureaus as a delinquent collection account. This may severely damage your
credit rating for at least the next seven (7) years. At this point, we will no longer accept a return of the merchandise as settlement for the debt and will only accept payment
in full. In addition to this, we will file a report with your local police or sheriff’s department, and file a mail fraud complaint with the United States Postal Inspection Service.
Furthermore, we reserve the right to post fraudulent users information on our website and with any universal fraud databases, including, but not limited to:
Being blacklisted on any such database may make it more difficult or even impossible for you to use (any of) your credit card(s) on future purchases with us or other
merchants. This information can only be removed prior to receiving total costs being sought.
If any provision of this policy is deemed illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect. The waiver of a breach hereunder does
not waive any other or subsequent breach.
Stolen Credit Card Purchases
We log IP strings on each and every order. Any orders coming back as a chargeback due to fraudulent activities will be diligently pursued through your local jurisdiction for
prosecution to the fullest extent of the law. Under Title 18 of the U.S. Code, § 1029, penalties for credit card fraud include fines and/or imprisonment for up to (20) twenty
years, depending on the specific provisions of the law that has been violated.
1. ACCEPTANCE OF TERMS
TheUnderwearPimp.com (TUP) provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without
notice to you. You can review the most current version of the TOS at any time at: http://www.theunderwearpimp.com/TOS.html. In addition, when using particular
TheUnderwearPimp.com services, you and “TUP” shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All
such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
TheUnderwearPimp.com provides users with access to a collection of images, text and video resources through its network of properties (the "Service"). You also understand
and agree that the Service may include advertisements and that these advertisements are necessary for TheUnderwearPimp.com to provide the Service. Unless explicitly
stated otherwise, any new features that augments or enhances the current Service, including the release of new “TUP” properties, shall be subject to the TOS. You
understand and agree that the Service is provided "AS-IS" and that “TUP” assumes no responsibility for failure to deliver the Service as advertised.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible
for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to
access the Service.
Please be aware that TheUnderwearPimp.com is an adults-only Service that contains adult or mature content. YOU MUST BE AT LEAST 18 YEARS OF AGE (21 IN AL,
MS, NE, WY AND ANY OTHER LOCATION WHERE 18 IS NOT THE AGE OF MAJORITY) TO ACCESS AND VIEW THE SERVICE.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the
laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the
Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and
complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or “TUP” has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, “TUP” has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion
thereof).
4. THEUNDERWEARPIMP.COM PRIVACY POLICY
Registration Data and certain other information about you are subject to our Privacy Policy. For more information, see our full privacy policy at
http://www.theunderwearpimp.com/privacy.html. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy
Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by “TUP” and its affiliates.
5. VISITOR CONDUCT
You understand that all information, data, text, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not “TUP”, are entirely responsible for all Content that
you upload, post, email, transmit or otherwise make available via the Service. “TUP” does not control all of the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will “TUP” be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any
loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
You acknowledge that “TUP” and its designees may or may not pre-screen Content, but that “TUP” shall have the right (but not the obligation) in their sole discretion to pre-
screen, refuse or move any Content that is available via the Service. Without limiting the foregoing, “TUP” and its designees shall have the right to remove any Content that
violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content.
You acknowledge, consent and agree that “TUP” may access, preserve and disclose your account information and Content if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the
rights of third-parties; or (d) protect the rights, property, or personal safety of “TUP”, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes
to conform and adapt to technical requirements of connecting networks or devices.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USERS
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.
7. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
“TUP” does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for
inclusion on the Service, you grant “TUP” the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly
display such Content on the Service solely for the purposes of providing and promoting the Service. This license exists only for as long as you elect to continue to include such
Content on the Service and will terminate at the time you request removal or “TUP” removes such Content from the Service.
“TUP” may make available archived copies of Content on a physical medium such as compact discs or DVD discs. “TUP” will not be responsible for retrieving, destroying,
redacting or otherwise removing content from already published material.
With respect to photos, graphics, audio or video you submit or make available for inclusion on the Service, the license to use, distribute, reproduce, modify, adapt, publicly
perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long
as you elect to continue to include such Content on the Service and will terminate at the time you request removal or “TUP” removes such Content from the Service.
“TUP” may make available archived copies of Content on a physical medium such as compact discs or DVD discs. “TUP” will not be responsible for retrieving, destroying,
redacting or otherwise removing content from already published material.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on the Service, the perpetual, irrevocable and fully sub
licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate
such Content into other works in any format or medium now known or later developed.
8. INDEMNITY
You agree to indemnify and hold “TUP”, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the
Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
10. MODIFICATIONS TO SERVICE
“TUP” reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
You agree that “TUP” shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. "TUP" also reserves that right to
change the rate of membership fees for services provided at anytime, with or without notice. "TUP" will in its best efforts to make public future rate changes to its current
members, however, it shall be your responsibility to review current rates of membership, which are located on the membership pages.
11. TERMINATION
You agree that “TUP” may, under certain circumstances and without prior notice, immediately terminate your TheUnderwearPimp.com account, any associated email
address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or
guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification
to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) you have engaged in fraudulent or
illegal activities. Termination of your TheUnderwearPimp.com account includes (a) removal of access to all offerings within the Service, including but not limited to Private
Messages, Chat, Personals, Message Boards, Photo Gallery, and Games, (b) deletion of your password and all related information, files and content associated with or inside
your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in “TUP” sole discretion and
that “TUP” shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
12. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, 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. You agree that
“TUP” shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the
Service.
13. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because “TUP” has no control over such sites and resources, you
acknowledge and agree that “TUP” is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any
Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that “TUP” shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available
on or through any such site or resource.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. “TUP” EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
“TUP” MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv)
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM “TUP” OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT “TUP” SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF “TUP” HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR
THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
16. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO
YOU.
17. NOTICE
Notices to you may be made via either email or Service banner postings. The Service may also provide notices of changes to the TOS or other matters by displaying notices or
links to notices to you generally on the Service.
18. TRADEMARK INFORMATION
TheUnderwearPimp.com and other “TUP” logos and product and service names are trademarks of “TUP” Without prior permission, you agree not to display or use in any
manner, the TheUnderwearPimp.com logo.
19. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT OR INTELLECTUAL INFRINGEMENT
“TUP” respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise violated, please provide “TUP” Copyright Agent the following information:
“TUP's" Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Copyright Agent
admin@theunderwearpimp.com
20. GENERAL INFORMATION
The TOS constitute the entire agreement between you and “TUP” and govern your use of the Service, superseding any prior agreements between you and “TUP”. You also
may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship
between you and “TUP” shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and “TUP” agree to submit to the
personal and exclusive jurisdiction of the courts located within the county of New York, New York. The failure of “TUP” to exercise or enforce any right or provision of the
TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one
(1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
21. VIOLATIONS
Please report any violations of the TOS to our Customer Service group.
22. TECHNOLOGY REQUIREMENTS
TheUnderwearPimp.com uses technology which conforms to the latest Internet standards and requires your web browser to support: cookies, Flash, Director,
QuickTime/Real/Windows Media Player, CSS Level 2.1, XHTML and HTML 4.01. You are solely responsible for ensuring that your browser meets or exceeds the
technology requirements. TheUnderwearPimp.com is optimized for broadband and dial-up users will likely be unable to use features such as, but no limited to: video chat,
video streaming, large file downloads and video downloads.
23. REFUNDS
It is your responsibility to remember the date of your recurring membership. Your individual membership date will be emailed to you along with your member login
information. Membership cancellations received after your rebilling cycle will be charged. You may cancel your membership at any time; however REFUNDS ARE NOT
GIVEN FOR ANY REASON.
When making a merchandise or TUP BUCK$ purchase, make sure to enter your order in accurately to avoid being charged incorrectly. We will not be held responsible for
incorrect or duplicate orders. Should you inadvertently order incorrectly, YOU WILL BE CHARGED! So order carefully!
24. RIGHT TO CANCEL MEMBERSHIP
You have the right to cancel your membership at any time. If you intend on canceling your membership, please do so at least 48 hours prior to your rebilling date to avoid the
chance of being charged. If you cancel after your billing date, you will be charged for an additional month before your membership is canceled. During that time, your account
will remain active for the duration of your membership term. You can cancel your membership by visiting the membership page after logging in.
25. LOST PASSWORD
It is your responsibility to remember you login information. If for some reason you have misplaced this information, you can request it again by emailing member services at
admin@theunderwearpimp.com. Please include your full name, email address you signed up with, and the last 4 digits of your billing method on file.
26. REFERRAL PROGRAM
By submitting the referral form, you agree to the following terms:
The charge that will appear on your credit card statement will be billed discretely. Should you have any problem with a product or service you have received from our
company, you must contact us within 7 business days. We will make every attempt to rectify the situation.
If you place a chargeback with your credit card company (on purpose or by mistake) for any order for goods or services that you placed and received prior to contacting us
regarding a problem with a product or service, there will be a $50.00 research fee charged to your account upon receiving the chargeback by our merchant provider to cover
our investigative expenses.
We do not tolerate credit card fraud, and all fraud, without exception, will be prosecuted to the full extent of the law. In addition, we will pursue civil legal action seeking
any loss of income related to the fraud, including business, legal fees, research costs, employee down time and loss of revenues.
We consider credit card chargebacks to be fraud if you have made no reasonable effort to work with us to resolve any problems with your purchase of goods or services. All
frivolous chargebacks not only cost our employees time away from our usual and customary matters of conducting normal business, but cost us money, therefore:
- You agree that if you, the buyer, choose to do business with us, and file a chargeback with your credit card company, you agree to pay a service charge of $50 for our
time responding to the matter. - You, the buyer authorize us to charge this amount to your credit card. If this charge is rejected, we will pursue legal action to recoup losses for our time associated
with responding to the chargeback in addition to any other fees explained above. - You agree to reimburse us or any representative we may appoint for any legal expenses your actions may make us incur. We take fraud very serious!
In the event that you win the charge back with your credit card company, and have not returned our goods, we will attempt to recover fraudulently disputed charges plus
additional costs via a third-party collection agency and your account will be reported to all credit bureaus as a delinquent collection account. This may severely damage your
credit rating for at least the next seven (7) years. At this point, we will no longer accept a return of the merchandise as settlement for the debt and will only accept payment
in full. In addition to this, we will file a report with your local police or sheriff’s department, and file a mail fraud complaint with the United States Postal Inspection Service.
Furthermore, we reserve the right to post fraudulent users information on our website and with any universal fraud databases, including, but not limited to:
- Full Names
- Addresses
- Phone Numbers
- Email
- IP Addresses
Being blacklisted on any such database may make it more difficult or even impossible for you to use (any of) your credit card(s) on future purchases with us or other
merchants. This information can only be removed prior to receiving total costs being sought.
If any provision of this policy is deemed illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect. The waiver of a breach hereunder does
not waive any other or subsequent breach.
Stolen Credit Card Purchases
We log IP strings on each and every order. Any orders coming back as a chargeback due to fraudulent activities will be diligently pursued through your local jurisdiction for
prosecution to the fullest extent of the law. Under Title 18 of the U.S. Code, § 1029, penalties for credit card fraud include fines and/or imprisonment for up to (20) twenty
years, depending on the specific provisions of the law that has been violated.
1. ACCEPTANCE OF TERMS
TheUnderwearPimp.com (TUP) provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without
notice to you. You can review the most current version of the TOS at any time at: http://www.theunderwearpimp.com/TOS.html. In addition, when using particular
TheUnderwearPimp.com services, you and “TUP” shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All
such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
TheUnderwearPimp.com provides users with access to a collection of images, text and video resources through its network of properties (the "Service"). You also understand
and agree that the Service may include advertisements and that these advertisements are necessary for TheUnderwearPimp.com to provide the Service. Unless explicitly
stated otherwise, any new features that augments or enhances the current Service, including the release of new “TUP” properties, shall be subject to the TOS. You
understand and agree that the Service is provided "AS-IS" and that “TUP” assumes no responsibility for failure to deliver the Service as advertised.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible
for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to
access the Service.
Please be aware that TheUnderwearPimp.com is an adults-only Service that contains adult or mature content. YOU MUST BE AT LEAST 18 YEARS OF AGE (21 IN AL,
MS, NE, WY AND ANY OTHER LOCATION WHERE 18 IS NOT THE AGE OF MAJORITY) TO ACCESS AND VIEW THE SERVICE.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the
laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the
Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and
complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or “TUP” has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, “TUP” has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion
thereof).
4. THEUNDERWEARPIMP.COM PRIVACY POLICY
Registration Data and certain other information about you are subject to our Privacy Policy. For more information, see our full privacy policy at
http://www.theunderwearpimp.com/privacy.html. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy
Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by “TUP” and its affiliates.
5. VISITOR CONDUCT
You understand that all information, data, text, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not “TUP”, are entirely responsible for all Content that
you upload, post, email, transmit or otherwise make available via the Service. “TUP” does not control all of the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will “TUP” be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any
loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is harassing, tortuous, defamatory, libelous, invasive of another's privacy, hateful,
unlawful, vulgar, obscene or racially, ethnically or otherwise objectionable; - harm minors in any way;
- impersonate any person or entity, including, but not limited to, a “TUP” or Law Enforcement official or falsely state or otherwise misrepresent your affiliation with a
person or entity; - forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual obligations;
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights
("Rights") of any party; - upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation; - upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; - disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges; - interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks
connected to the Service; - intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s)
designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; - "stalk" or otherwise harass another
You acknowledge that “TUP” and its designees may or may not pre-screen Content, but that “TUP” shall have the right (but not the obligation) in their sole discretion to pre-
screen, refuse or move any Content that is available via the Service. Without limiting the foregoing, “TUP” and its designees shall have the right to remove any Content that
violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content.
You acknowledge, consent and agree that “TUP” may access, preserve and disclose your account information and Content if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the
rights of third-parties; or (d) protect the rights, property, or personal safety of “TUP”, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes
to conform and adapt to technical requirements of connecting networks or devices.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USERS
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.
7. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
“TUP” does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for
inclusion on the Service, you grant “TUP” the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly
display such Content on the Service solely for the purposes of providing and promoting the Service. This license exists only for as long as you elect to continue to include such
Content on the Service and will terminate at the time you request removal or “TUP” removes such Content from the Service.
“TUP” may make available archived copies of Content on a physical medium such as compact discs or DVD discs. “TUP” will not be responsible for retrieving, destroying,
redacting or otherwise removing content from already published material.
With respect to photos, graphics, audio or video you submit or make available for inclusion on the Service, the license to use, distribute, reproduce, modify, adapt, publicly
perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long
as you elect to continue to include such Content on the Service and will terminate at the time you request removal or “TUP” removes such Content from the Service.
“TUP” may make available archived copies of Content on a physical medium such as compact discs or DVD discs. “TUP” will not be responsible for retrieving, destroying,
redacting or otherwise removing content from already published material.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on the Service, the perpetual, irrevocable and fully sub
licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate
such Content into other works in any format or medium now known or later developed.
8. INDEMNITY
You agree to indemnify and hold “TUP”, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the
Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
10. MODIFICATIONS TO SERVICE
“TUP” reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
You agree that “TUP” shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. "TUP" also reserves that right to
change the rate of membership fees for services provided at anytime, with or without notice. "TUP" will in its best efforts to make public future rate changes to its current
members, however, it shall be your responsibility to review current rates of membership, which are located on the membership pages.
11. TERMINATION
You agree that “TUP” may, under certain circumstances and without prior notice, immediately terminate your TheUnderwearPimp.com account, any associated email
address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or
guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification
to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) you have engaged in fraudulent or
illegal activities. Termination of your TheUnderwearPimp.com account includes (a) removal of access to all offerings within the Service, including but not limited to Private
Messages, Chat, Personals, Message Boards, Photo Gallery, and Games, (b) deletion of your password and all related information, files and content associated with or inside
your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in “TUP” sole discretion and
that “TUP” shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
12. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, 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. You agree that
“TUP” shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the
Service.
13. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because “TUP” has no control over such sites and resources, you
acknowledge and agree that “TUP” is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any
Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that “TUP” shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available
on or through any such site or resource.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. “TUP” EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
“TUP” MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv)
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM “TUP” OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT “TUP” SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF “TUP” HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR
THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
16. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO
YOU.
17. NOTICE
Notices to you may be made via either email or Service banner postings. The Service may also provide notices of changes to the TOS or other matters by displaying notices or
links to notices to you generally on the Service.
18. TRADEMARK INFORMATION
TheUnderwearPimp.com and other “TUP” logos and product and service names are trademarks of “TUP” Without prior permission, you agree not to display or use in any
manner, the TheUnderwearPimp.com logo.
19. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT OR INTELLECTUAL INFRINGEMENT
“TUP” respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise violated, please provide “TUP” Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property owner's behalf.
“TUP's" Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Copyright Agent
admin@theunderwearpimp.com
20. GENERAL INFORMATION
The TOS constitute the entire agreement between you and “TUP” and govern your use of the Service, superseding any prior agreements between you and “TUP”. You also
may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship
between you and “TUP” shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and “TUP” agree to submit to the
personal and exclusive jurisdiction of the courts located within the county of New York, New York. The failure of “TUP” to exercise or enforce any right or provision of the
TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one
(1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
21. VIOLATIONS
Please report any violations of the TOS to our Customer Service group.
22. TECHNOLOGY REQUIREMENTS
TheUnderwearPimp.com uses technology which conforms to the latest Internet standards and requires your web browser to support: cookies, Flash, Director,
QuickTime/Real/Windows Media Player, CSS Level 2.1, XHTML and HTML 4.01. You are solely responsible for ensuring that your browser meets or exceeds the
technology requirements. TheUnderwearPimp.com is optimized for broadband and dial-up users will likely be unable to use features such as, but no limited to: video chat,
video streaming, large file downloads and video downloads.
23. REFUNDS
It is your responsibility to remember the date of your recurring membership. Your individual membership date will be emailed to you along with your member login
information. Membership cancellations received after your rebilling cycle will be charged. You may cancel your membership at any time; however REFUNDS ARE NOT
GIVEN FOR ANY REASON.
When making a merchandise or TUP BUCK$ purchase, make sure to enter your order in accurately to avoid being charged incorrectly. We will not be held responsible for
incorrect or duplicate orders. Should you inadvertently order incorrectly, YOU WILL BE CHARGED! So order carefully!
24. RIGHT TO CANCEL MEMBERSHIP
You have the right to cancel your membership at any time. If you intend on canceling your membership, please do so at least 48 hours prior to your rebilling date to avoid the
chance of being charged. If you cancel after your billing date, you will be charged for an additional month before your membership is canceled. During that time, your account
will remain active for the duration of your membership term. You can cancel your membership by visiting the membership page after logging in.
25. LOST PASSWORD
It is your responsibility to remember you login information. If for some reason you have misplaced this information, you can request it again by emailing member services at
admin@theunderwearpimp.com. Please include your full name, email address you signed up with, and the last 4 digits of your billing method on file.
26. REFERRAL PROGRAM
By submitting the referral form, you agree to the following terms:
- Referral "TUP BUCK$" are accrued on a monthly basis. Amounts for each referral program partner are totaled on the 1st of each month.
- Your participation in this program can be canceled at anytime with/without notice.
- If hosting a banner with the program, sizes of each banner must stay as they are. Resizing the banner is grounds for immediate termination from the program, and
cancelation of any accrued "TUP BUCK$". - Accrued "TUP BUCK$" may be redeemed at anytime for merchandise or Gay-Per-View tokens. Redemption of "TUP BUCK$" for cash may only be accepted once
$25.00 worth has been accrued.
