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By using Trustcash's software services, you agree to be bound by the following terms and conditions (the "Terms of Use" or "Agreement"). Trustcash reserves the right to modify content on the Site and these Terms of Use periodically without prior notice.
1. Trustcash is a web-based payment system (the Service) owned and operated by Trustcash Holdings, Inc., a Delaware corporation. Trustcash operates a web site that provides confidential prepaid access to a variety of websites, some adult-oriented operated by independent third parties under contract with Trustcash (the "Content Providers".) Your use of the Trustcash web site is governed by this Agreement; your use of the Content Providers' web sites is governed by the terms of use of each of the respective Content Provider web sites. Your use of the Trustcash Service indicates that you accept and are bound by this Agreement. If you do not agree with any of these terms and conditions, do not use the Service. We may alter this agreement at our discretion and your continued use after any change indicates your acceptance of that change. If at any time you do not want to be bound by a change, discontinue use of the Service.
2. Trademark and copyright protection. The rights of Trustcash and its Content Providers are protected by law as described in more detail at http://www.trustcash.com/copyright.shtml, the contents of which are incorporated by reference as if set forth in full herein.
3. Activation and Use.
3.1 Purchase of Trustcash. In order to access the Trustcash web site, you must be 18 years of age or older. You must obtain a Trustcash number by purchasing a Trustcash number at www.trustcash.com, or from an authorized Trustcash dealer. As part of the registration process, you must then log on to the Trustcash web site using the number and provide verification that you are of legal age. Failure to do so will breach this Agreement.
3.2 Permissible and Impermissible Uses. The adult content accessed through the Service is strictly for your noncommercial home use. You understand that you may not (i) purchase Trustcash for use by a person under 18 years of age; (ii) sell, loan or otherwise transfer your Trustcash to any third party; or (iii) download any content for any use other than your personal home entertainment. To do otherwise is a breach of this Agreement.
3.3 Trustcash reserves the right to deactivate any number that is used in breach of this Agreement.
3.4 All sales final. All sales of Trustcash are final and there shall be no refunds except in the case that you are unable to log on because of a defect in the Trustcash web site. If you encounter such a problem, report it to info@trustcash.com and, upon confirmation, you will be given a new number or authorized to obtain a refund from your retailer at Trustcash's sole discretion. UNDER NO CIRCUMSTANCES WILL REFUNDS BE GRANTED TO, OR FOR PURCHASES BY, PERSONS UNDER 18 YEARS OF AGE.
3.5 Confidentiality. You are responsible for maintaining the confidentiality of your Trustcash number.
3.6 No abuse. You are responsible for all usage or activity of your Trustcash number. Distribution of your Trustcash number for access by others is expressly prohibited. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and you may be referred to appropriate law enforcement agencies.
3.7 Representations and warranties. You represent and warrant that you:
  1. are at least 18 years of age.
  2. will not violate any applicable laws or regulations of any state or federal legislature or regulatory body.
  3. will not redistribute the content accessed through the Trustcash web site to anyone, nor permit any minor to view this material nor expose to the material any person who may find it offensive.
  4. believe that the materials viewed on the site do not offend the standards of the community in which you reside as to the candid representations of matters of sexuality and appeal to healthy and normal human interests in that regard;
  5. will not plagiarize, violate or otherwise infringe upon the trademark, copyright, or any other rights of any person, firm or entity, expressly including libel, slander or invasion of rights of privacy, publicity or "moral rights (adroit moral)."
4. Warning re Adult Content Accessed via Trustcash.
Some of the sites accessed through use of the Trustcash software contain adult content and are operated by people over whom neither you nor Trustcash has control. The information accessed for you by Trustcash is not screened by Trustcash, and may include information that some people find objectionable, inappropriate, or offensive. We cannot guarantee that Trustcash will not forward unintended or objectionable content and assume no responsibility for any content linked to by a Trustcash Service. Trustcash is not responsible to you for necessary copyright licenses or infringement.
5. Grant of Limited License / Additional Terms of Use.
5.1 You are granted a nonexclusive, non-concurrent, nontransferable, limited license to access the Service. Your responsibility extends to all activity and use under any Trustcash number that you use.
5.2 Content provided through the Service is provided by Trustcash and its Content Providers to you for your own personal entertainment only and copying, distributing and public display are strictly prohibited.
5.3 You may use the Trustcash software provided on the Service only while on line and may not download copy, reuse or distribute that software.
5.4 Trustcash reserves the right to monitor use of the Service to ensure compliance with these Terms of Use. If it is determined you are not in compliance with this Agreement, Trustcash reserves the right to take appropriate action including, but not limited to, assessing additional charges or suspension or termination of the Trustcash number. You acknowledge that such monitoring of use may include determining whether or not the Service is accessed under the account from multiple IP addresses, as well as noting excessive use or users.
6. LIMITED WARRANTY / LIMITATION OF LIABILITY.
6.1 Due to the number of sources from which information on the Service is obtained, and the inherent hazards of electronic distribution and the Internet, there may be delays, omissions, or inaccuracies in obtaining or accessing such information and the Service. Trustcash disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information accessed through the Service. Trustcash disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material.
6.2 Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, this limitation may not apply in part to you. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SERVICE, OR WITH ANY OF THESE TERMS OF USE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SERVICE.
6.3 THE SERVICE IS PROVIDED ON AN "AS-IS", "AS AVAILABLE" BASIS. TRUSTCASH, ITS AFFILIATES, AGENTS, AND LICENSORS, CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERVICE, OR THE SERVICE ITSELF. NEITHER TRUSTCASH, NOR ANY OF ITS AFFILIATES, AGENTS, OR LICENSORS, SHALL BE LIABLE TO THE SUBSCRIBER OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN DELIVERING THE SERVICE AND ANY INFORMATION THROUGH THE SERVICE. IN NO EVENT WILL TRUSTCASH, ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY THE YOU IN RELIANCE ON SUCH INFORMATION, OR FOR DIRECT, CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SUBSCRIBER AGREES THAT THE LIABILITYOF TRUSTCASH, ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE), IN ANY WAY CONNECTED WITH THE SERVICE OR THE INFORMATION IN THE SERVICE, SHALL NOT EXCEED THE AMOUNT THAT YOU PAID FOR USE OF THE SERVICE.
7. Termination.
Should you breach this Agreement, Trustcash will revoke your license to use the Service, suspend your right of access and deactivate your Trustcash number. In such a case, no portion of your payment will be refunded. Should Trustcash decide to suspend the subscription service for any reason other than breach, it will refund to you the unused portion of your subscription payment, which will be your sole and exclusive remedy upon such a suspension of service.
8. Privacy.
Registration data and other information about you are subject to the Trustcash Privacy Policy, available at http://www.trustcash.net/index.php The Terms and Conditions of Trustcash 's Privacy Policy are incorporated by reference as if set forth in full herein. If you are located outside the United States, by subscribing to any Trustcash service you consent to your data being sent to the United States and transmitted, stored and utilized pursuant to the provisions of United States law.
9. Indemnity
You agree to defend, indemnify, and hold harmless Trustcash, its employees, attorneys, Content Providers and agents ("Indemnities") against all claims, expenses, liabilities, losses, costs, and damages, including reasonable attorney's fees, that the Indemnities may incur (i) in connection with your use or misuse of the Site or any hyperlinked web site or (ii) resulting from your violation of any of your representations, warranties or obligations under this Agreement.
10. Miscellaneous.
10.1 This Agreement is governed by the law of the State of New York, without regard to its principles on conflicts of laws, and the federal law of the United States of America. Any action to enforce this Agreement shall be brought in the federal or state courts located in New York City. If there is a determination that any provision of these Terms of Use is invalid or unenforceable, that determination will not affect the rest of the Terms of Use and the Terms of Use shall be deemed amended to the minimum extent necessary to make them valid and enforceable.
10.2 Official correspondence must be sent via postal mail to:
Service Provider: Trustcash Holdings, Inc.
Attn: Chief Executive Officer
400 Park Avenue
New York, NY 10022
Phone: 1-800-975-5196
Fax: 1-917-591-5467
info@trustcash.com
10.3 If you have any questions regarding these Terms of Use, please contact Trustcash at info@trustcash.com.
10.4 These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by Trustcash MISREPRESENTATION OF YOUR AGE TO GAIN ACCESS TO THIS SITE IS A VIOLATION OF THE LAW! IF YOU ARE NOT 18 YEARS OF AGE, YOU MUST EXIT THIS SITE IMMEDIATELY!
Effective June 2007
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