WARNING! This Site Contains Adult Materials
You are attempting to access a Website that contains sexually explicit depictions of adults engaged in sexual activity with other adults. Minors are prohibited from entering this site. Only adults who are at least 18 years of age and who have the legal right to possess adult materials in the communities in which they reside may enter this Website. If you are not at least 18 years of age (or are otherwise not permitted to access adult content), you MAY NOT enter this Website.
TERMS OF USE
By entering this Website I agree that:
- I am at least 18 years of age and have the legal right to view and/or possess adult material in my country, state or jurisdiction.
- I do not find images of nude adults, adults engaged in sexual acts or other material of a sexual nature to be offensive or objectionable and I voluntarily and through my own volition chose to view such material.
- I am familiar with the standards in my community regarding the acceptance of sexually oriented material and the material I expect to encounter on this Website is within those standards. In my judgment, the average adult in my community will find the material I expect to encounter, when taken as a whole, does not appeal to the prurient interest and is not patently offensive. I believe reasonable people find that such material has serious literary, artistic, political or scientific value.
- This Website may not be accessed, viewed, downloaded or otherwise received in any country, location or jurisdiction in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.
- I will not permit any person(s) under the age of 18, or any adult that does not expressly wish to view material of a sexual nature to have access to any of the materials contained within or purchased through this Website.
- Bookmarking, direct linking or deep linking to a page on this Website whereby the warning page(s) and/or terms and conditions are bypassed shall constitute an explicit acknowledgement that the person accessing the Website via the bookmark, direct link or deep link is at least 18 years old and has read, accepted and agreed to these Terms of Use.
By purchasing an all-access pass or subscription to TitanMen®.com or by ordering material from TitanMen®Store.com to be delivered to me, I further understand and agree that:
- Trial subscription will renew automatically to a one-month subscription at the end of the trial period and will be billed at the monthly rate posted when I first obtained the trial membership, unless cancelled in accordance with these Terms of Use.
- All-access pass and subscription fees are NON-REFUNDABLE once I use my username and password to access the Website. If I purchase a subscription with a debit or check card, I am solely responsible for ensuring that sufficient funds are available in my account when the subscription is rebilled. TitanMedia® will not be responsible for any overdraft charges that may occur due to insufficient funds in my account at the time of rebilling.
- If I purchase a subscription, at the end of the subscription term it will automatically renew for a like period of time and will be billed to my credit card, which I hereby authorize. My subscription will continue to automatically renew until I cancel my subscription. If I wish to discontinue my subscription I must go to http://www.titanmen.com/accounts/cancel.asp and provide notice that I wish to cancel my subscription. This notice of cancellation must be received no later than 72 hours before the scheduled recharge to my account. Notices received after this 72-hour- period are considered void and additional charges may be incurred.
- If I purchase an all-access pass I will have access to paid access areas of the specific amount of time I have purchased. All-access pass fees are a one-time charge only and will not be re-billed or otherwise extended or re-charged.
- Email that is bounced back and deemed undeliverable will result in termination of the account. Access will be canceled, and no further billings will occur. Io Group, Inc. d/b/a TitanMedia® (hereinafter TitanMedia®) may attempt to contact the subscriber by other means to reinstall the account and continue services.
- My subscription or all-access pass username and password (login), may not be assigned or transferred to any other person or entity. I must keep my login information strictly confidential and must promptly inform TitanMedia® of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of my username or password. Unauthorized access to the Website is a breach of these Terms of Use and a violation of law.
- TitanMedia® may terminate my access at anytime without cause. In the event a refund is issued, said refund will be made by crediting the credit card used to make the original purchase.
- Access to the Website is provided to me for my personal, non-commercial use. No other use is authorized. All materials on the Website are proprietary, constitute valuable intellectual property, are copyrighted and are protected under treaty provisions and worldwide copyright laws. I may not reproduce, copy, edit, publish, transmit or upload any materials found on the Website without express written permission from TitanMedia®. Except as expressly stated in the limited license provision of these Terms of Use, purchase of a subscription or membership does not grant any express or implied right to me under any of TitanMedia's® trademarks, copyrights or other proprietary information.
- These Terms of Use are to be governed and construed by applicable California or Federal law. In the event of a dispute arising out of or relating to these Terms of Use, or my use of or access to the Website, litigation may only be brought in state or federal courts in the County of San Francisco, California and I hereby expressly consent to personal jurisdiction in those courts.
DISCLAIMERS. THE MATERIALS ON THE SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESSED OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. TITANMEDIA® OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE. SHOULD THE MATERIALS OR SERVICES PROVIDED PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO EQUIPMENT OR ANY LOSS OR INCONVENIENCE TO SUBSCRIBER OR ANYONE CLAIMING THROUGH SUBSCRIBER, SUBSCRIBER ASSUMES THE ENTIRE COST AND RESPONSIBILITY FOR SAME. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL TITANMEDIA®, BE LIABLE, TO SUBSCRIBER OR OTHERS FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSSES OF ANY KIND, LOSS OF GOOD WILL, WORK STOPPAGE, COMPUTER OR OTHER EQUIPMENT FAILURE OR MALFUNCTION.
I understand and agree to the following Statement of Intellectual Property Rights:
- All copyrights, trademarks, service marks, images, photographs, digitally transmitted audiovisual works and logo's are the property of IO Group, Inc. unless noted otherwise. No part of this website including, without limitation, displayed text or graphics and undisplayed keywords or html commands may be reproduced or transmitted in any form or by any means, electronic or mechanical, including by photocopying, facsimile transmission, recording, rekeying, scanning, or yet uninvented means, or by using any information storage and retrieval system, except with the prior written permission from Io Group, Inc.
- Utilization of resources from this site and associated server (such as "cgi" programs, SMTP resources (EMail), and others) require express written authorization from Io Group, Inc.
- All web pages text and accompanying code is the intellectual property of Io Group, Inc. and has a retail value of $6000.00 US. Each photograph or image contained herein has a retail value of $2,500.00 US. Each audiovisual work or any portion thereof contained herein has a retail value of $25,000.00 US.
- The circumnavigation of any technological means used to control access on this Website or materials therein is a violation of 17 U.S.C. §1201 which could result in legal action against the violator.
- TitanMedia®, TitanMen®, TitanLive® and ManPlay® are registered marks.
- Copyright © 1995 to 2009 IO Group, Inc. All rights reserved.
DEFINITIONS
As referred to in these Terms of Use these words shall have the following meanings:
- All-access Pass
- The right of a customer to access the "paid access only" areas of the website during a specified period of time with no automatic renewal and no recurring charges.
- Bookmarking
- The act of placing a webpage (URL) into a temporary file on the Subscriber's browser so that the subscriber may return directly to that page at a future date without passing through any other pages.
- Direct Linking
- Using a hyperlink to point to the Webpage.
- Deep Linking
- Placing or using a hyperlink that points to a specific page or image within the Website, as opposed to the Website's main or home page.
- Login
- The combination of unique username and password that is provided by TitanMedia® and used to access the Website.
- Subscriber
- The holder of a valid username and password (login) for the Website during the term of the subscription.
- Subscription
- The right of the subscriber to access the "paid access only" areas of the Website during a specified period of time, which renews and is subject to recurring charges.
- Prurient
- Morbid or unhealthy interest in sex.
- Terms of Use
- The terms and conditions set for and agreed to here or anywhere else on the Website.
- Website
- Includes the entire contents and all pages of the Websites identified by the domain names TitanMedia.com, TitanMen.com or TitanMenStore.com.
I agree to all of the above terms and statements and swear under penalty of perjury under the laws of the United States, California, and the state or jurisdiction where I reside that the statements to which I agree are accurate and true.
Electronic Signatures in Global and National Commerce Act (E-Sign Act)
15 U.S.C. §7000, et seq
This information is provided in an effort to comply with the Child Online Protection Act (COPA) and related state law. Providing a false declaration under the penalties of perjury is a criminal offense.
This document constitutes an un-sworn declaration under federal law. You may submit a paper copy of this transaction and print this form for your personal records.
You have the right to withdraw your consent to use the E-Sign Act by emailing us. Your consent to use the E-Sign Act is limited to providing the information on this form. Access to this electronic record requires a simple browser program such as Internet Explorer™ or Netscape™ and a computer. You adopt the mark typed in the form from which you were referred to this page as your electronic signature.
Unsworn Declarations Under Penalty of Perjury )
28 USC § 1746
Wherever, under any law of the United States or under any rule, regulation, order, or requirement made pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath, or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated, in substantially the following form: (1) If executed without the United States: "I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date).
(Signature)". (2) If executed within the United States, its territories, possessions, or commonwealths: "I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date).
(Signature)".
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