| TERMS OF SERVICE |
1. ACCEPTANCE OF TERMS
Welcome to TheUnderwearPimp.com! 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. CHARGEBACKS OR NSF CHECKS
Chargeback’s and NSF checks subject “TUP” to administrative penalties and costs which increase the overall cost to other users. Every chargeback, online check returned
by your bank unpaid or otherwise uncollectible or disputed charge will be sent to a collection agency for investigation and collection, subject to a $30 administrative fee.
In addition, “TUP” reserves the right to post a list of fraudulent users.
25. 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.
26. 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.
27. REFERRAL PROGRAM
By submitting the referral form, you agree to the following terms:
Welcome to TheUnderwearPimp.com! 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. CHARGEBACKS OR NSF CHECKS
Chargeback’s and NSF checks subject “TUP” to administrative penalties and costs which increase the overall cost to other users. Every chargeback, online check returned
by your bank unpaid or otherwise uncollectible or disputed charge will be sent to a collection agency for investigation and collection, subject to a $30 administrative fee.
In addition, “TUP” reserves the right to post a list of fraudulent users.
25. RIGHT TO CANCEL MEMBERSHIP
You have the right to cancel your membership at any time. If you intend on canceling your membership, please do so at least 48 hours prior to your rebilling date to avoid
the chance of being charged. If you cancel after your billing date, you will be charged for an additional month before your membership is canceled. During that time, your
account will remain active for the duration of your membership term. You can cancel your membership by visiting the membership page after logging in.
26. LOST PASSWORD
It is your responsibility to remember you login information. If for some reason you have misplaced this information, you can request it again by emailing member services
at admin@theunderwearpimp.com. Please include your full name, email address you signed up with, and the last 4 digits of your billing method on file.
27. REFERRAL PROGRAM
By submitting the referral form, you agree to the following terms:
- Referral "TUP BUCK$" 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.
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