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 freshphoenixmarie.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
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.
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.
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.
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.
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.
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.
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.
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
Acts of God
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.
Last updated: 2019-01-08
 Keep in mind that 4472 has added a Section 2257A covering simulated sexual conduct. Ninety (90) days after the Attorney General promulgates regulations thereto, 2257A becomes effective and this statement may have to be changed again.