B.
CUSTODIAN OF RECORDS
All models,
actors, actresses and other persons who appear in any visual
depiction appearing on the web site eMelons.com were at
or over the age of eighteen years at the time of the creation
of such depictions. None of the content on eMelons.com is deemed
explicit sexual content per the definitions defined in U.S.C.
Title 18, Section 2257 and record keeping is not mandated.
This web site only contains images and/or video of clothed or
frontal nudity, no genitalia, nor full nudity nor sexual acts
are depicted or performed.
C.
COPYRIGHT
All content of this web site are the property of eMelons.com
or are used with written permission through licensed agreements
(with the exception of banners and other images used to promote
other sites, which are the property of those sites). All materials
on eMelons.com are protected by Federal copyright and are protected
under treaty provisions and worldwide copyright laws.
D.
LIMITED USE WARNING
No images or content from this web site can be used other than
for personal use. You may lawfully view the content on this
web site and/or keep images only on one computer and you are
expressly forbidden from uploading, copying, duplicating or
selling any or all content without the written consent and permission
from Joey Karson, Inc. and eMelons.com. You may not alter images
or remove any URL or copyright information on the content. Failure
to comply with this will result in immediate termination of
your membership, plus if restitution is not met applicable notification
to the FBI of your identity which includes but not limited to
your name, address, phone number, email, ISP, credit card info
and IP for Internet fraud and copyright theft.
E. TERMS
OF SERVICE FOR SUBSCRIBERS
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When
you become a member of eMelons.com (an affiliate of Joey
Karson, Inc.) you become a Subscriber and agree to be bound
by this Agreement (the "Agreement"). This agreement
is subject to change by eMelons.com at any time, and
changes are effective upon notice to each Subscriber.
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Subscription
fees. The subscriber is responsible for paying periodic
subscription fees according to the then-current billing
terms. Subscription fees are non-refundable.
-
Unless
and until this agreement is cancelled in accordance with
the terms hereof, Subscriber hereby authorizes eMelons.com
to charge the subscriber's credit card (or other approved
facility) to pay for the ongoing cost of membership. Subscriber
hereby further authorizes eMelons.com to charge Subscriber's
credit card (or other approved facility) for any and all
purchases of products, services and entertainment provided
by eMelons.com Membership to eMelons.com may not be assigned
or transferred to any other person or entity. Subscriber
must promptly inform eMelons.com of the following: changes
in the expiration date of any credit card used in connection
with the Service; changes in home or billing address; and
apparent breaches of security, such as loss, theft, or unauthorized
disclosure or use of an ID or password. Until eMelons.com
is notified, by e-mail, or by mail of a breach in security,
the Subscriber will remain liable for any unauthorized use
of the Service.
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Payment
for the appropriate services may be made by automatic credit
card debit. Members will be automatically renewed for the
original term upon expiration, unless eMelons.com is notified
via email 7 days prior to membership expiration.
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Subscription
to the Service may be terminated at any time, and without
cause, by either eMelons.com or the Subscriber upon notification
of the other by electronic or conventional mail. When a
member requests termination, subscription fees are NOT refunded.
Subscribers are liable for charges incurred by them until
termination of service.
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Subscribers
are responsible for providing all personal computer and
communications equipment necessary to gain access to the
Service. Access to and use of eMelons.com is through a combination
of an ID and a password. Each Subscriber must keep his password
strictly confidential. For security reasons, eMelons.com
will not release passwords for any reason, except as may
be specifically required by law or court order. Unauthorized
access to the Service is a breach of this Agreement and
a violation of law. eMelons.com can change the Subscribers
password at anytime and an email will be sent to the Subscriber
to notify them of the change.
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Any
liability of eMelons.com including without limitation any
failure of performance, error, omission, interruption, deletion,
defect, delay in operation or transmission, communications
line failure, theft or destruction or unauthorized access
to, alteration of, or use of records, whether for breach
of contract, tortuous behavior, negligence, or under any
other cause or action, shall be strictly limited to the
amount paid by or on behalf of the subscriber to eMelons.com
for the preceding 12 months. Some states do not allow the
limitation or exclusion of liability for incidental or consequential
damages, so the above limitation or exclusion may not apply
to you.
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No
warranty is made by eMelons.com regarding any information,
services, or products provided through or in connection
with the Service, and eMelons.com and hereby expressly disclaims
any and all warranties, including without limitation: 1)
any warranties as to the availability, accuracy, or content
of information, products, or services; 2) any warranties
of merchantability or fitness for a particular purpose.
Some states/provinces do not allow the exclusion of implied
warranties, so the above exclusion may not apply to you.
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The
material within eMelons.com is for the private, non-commercial
enjoyment of Subscribers only. Any other use is strictly
prohibited.
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Notices
by eMelons.com to Subscribers may be given by means of electronic
messages through the Service, by a general posting on the
service, or by conventional mail. Notices by Subscribers
may be given by electronic messages or conventional mail,
unless otherwise specified in the Agreement
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The
subscriber hereby warrants and represents that he or she
is over the age of 18, and in all respects is qualified
and competent to enter into this agreement.
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This
Agreement contains the entire agreement between the Subscriber
and eMelons.com regarding the use of the Service, and supersedes
all prior written and oral understandings and writings,
and may only be amended upon notice by eMelons.com to Subscribers.
Unless otherwise explicitly stated, the provisions of this
Agreement shall survive its terminations.
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This
Agreement shall be governed by and construed under the laws
of the State of Florida and the United States as applied
to agreements between Florida state residents entered into
and to be performed within the State of Florida, except
as governed by Federal law. The application of the United
Nations Convention of Contracts for the International Sale
of Goods is expressly excluded. In case of any litigation
regarding this Agreement, You agree that the venue for such
litigation shall be, depending on the subject matter of
the dispute, either state or federal court in the county
of Sarasota, Florida. You hereby consent and stipulate to
the jurisdiction of said courts and said venue.
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You
hereby acknowledge and affirm that you have read this entire
agreement and that you AGREE to ALL its terms and conditions
by CLICKING WHERE INDICATED.
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You
further represent and affirm that your purchase of a membership
constitutes an unequivocal request on your part to receive
sexually explicit material via the Web site and that you
are making the following statements and representations
to eMelons.com:
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“Under
penalty of perjury, I the subscriber swear/affirm that I
am an adult and I hereby acknowledge and represent that
I know and understand that the materials presented at, and/or
downloadable from, the Web site include explicit visual,
audio, and/or textual depictions of nudity and graphic sexual
activities, including without limitation, heterosexual,
bi-sexual, and homosexual activities of an explicit sexual
nature; that I am familiar with materials of this kind;
that I am not offended by such materials; and that by agreeing
to these terms and conditions I am warranting to the eMelons.com
that I am intentionally and knowingly seeking access to
such explicit sexual materials for my own personal viewing
and edification and that I will not permit any person who
is not an adult to view or have access to these materials.
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Furthermore,
I the subscriber represent that I am familiar with the standards
in my community regarding acceptance to such sexually explicit
materials, and that the average adult in my community accepts
the viewing and accessing of such materials by willing via
a Web site on a personal computer in circumstances which
provide reasonable insulation from the exposure of such
materials to unwilling adults or to minors. I further
represent that based upon my personal knowledge and experience
in my community that it is my opinion that that average
adult in my community would not find that such materials
appeal to a prurient interest in sex, would not find that
such materials are patently offensive and would conclude
that the materials have serious literary, artistic, scientific
or political value
