Terms Of Service
Porn Gate is an online subscription
service (the "Service") owned and operated by Templar
International Inc., ("Templar International Inc.").
Please carefully read and understand these Terms and Conditions
prior to becoming a subscriber to the Service, as they constitute
a binding legal agreement (the "Agreement") by and between
Templar International Inc. and persons who elect to become subscribers
to the Service (the "Subscribers").
1. As a Subscriber to the Service, you agree to be bound by each
and every provision contained in this Agreement (the "Agreement").
This Agreement may be modified or amended by Templar International
Inc. at any time, and changes are effective upon notice to each
Subscriber. Notices by Templar International Inc. to Subscribers
may be given via electronic messages through the Service, a posting
on the Service, or by mail.
2. Subscribers will be charged a
subscription fee for the Service, in accordance with Templar International
Inc.'s then-current billing terms. Except as otherwise provided
herein, subscription fees are non-refundable.
3. Until such time as this Agreement
is terminated in accordance with its provisions, Subscriber agrees
to pay his/her/its subscription fee by credit card (or other approved
facility or mechanism), and hereby authorizes Templar International
Inc. to charge Subscriber's credit card (or other approved facility
or mechanism) for the ongoing subscription fee, and for any and
all purchases or products and/or services purchased by Subscriber
from the Service.
4. Subscriber agrees to immediately
inform Templar International Inc. of any of the following changes
in his/her/its credit card account: Change in home or billing
address; card loss or theft, or unauthorized usage of the card;
apparent breach of security of Subscriber ID or password, such
that unauthorized access to the Service via the card is possible.
Unless Subscriber gives proper notice to Templar International
Inc. of same, Subscriber will remain liable to Templar International
Inc. for any and all charges for unauthorized use of the Service.
5. Subscriber's subscription to the
Service will be automatically renewed for the original term upon
expiration of such term, unless Templar International Inc. is
notified via email ( mailto:sales@billiewest.com?subject=Cancellation
of Service question) 7 days prior to membership expiration. This
is subject to two exceptions:
Templar International Inc.'s trial memberships will renew to a
full membership on completion of the trial period. Membership
will not be renewed if subscriber cancels within initial 48 hours
and can provide proof of such cancellation via a copy of the email.
Trial memberships MUST be cancelled within the initial 48 hour
period to avoid further billing.
Cancellation for trail and full membership
may ONLY be accomplished via email to Templar International Inc.
( mailto:sales@billiewest.com?subject=Cancellation of Service
question). Upon cancellation of your account, you will receive
a Cancellation Confirmation email for your records.
6. Subscription to the Service may
be terminated at any time, and without cause, by Templar International
Inc. upon notification to the subscriber by electronic or conventional
mail.
7. Templar International Inc. has
no responsibility for supplying Subscribers with computer equipment
or communications connections necessary to access the Service.
Subscribers are solely responsible for these items.
8. Upon becoming a Subscriber to
the Service, Templar International Inc. will provide the Subscriber
with a unique ID and password which allows access to the Service.
The ID and password is issued by Templar International Inc. in
the form of a revocable license and remain the property of Templar
International Inc. and constitute proprietary information and
are the property of Templar International Inc.. IDs and passwords
are non- transferable. Each Subscriber must keep his password
strictly confidential. Remember your password! For security reasons,
Templar International Inc. will not release passwords for any
reason, except as may be specifically required by law or court
order. Transfer of any ID or password to another person or entity,
or allowing any person or entity other than the Subscriber to
access the Service via such Subscriber's ID and password is strictly
prohibited, and is a breach of this Agreement and a violation
of law.
9. Subscriber hereby swears and affirms
under oath, warrants and represents that he/she is at least eighteen
(18) years of age (21 in some jurisdictions) and has the legal
capacity to enter into agreements of this nature. Templar International
Inc. makes no representation or warranty that the content published
on Porn Gate complies with the local laws of your jurisdiction.
You are solely responsible for knowing and understanding your
local laws concerning standards of content legality for purposes
of obscenity laws. You further represent and warrant that you
understand the nature of the content published on Porn Gate, namely,
sexually explicit materials, and that you voluntarily and knowingly
choose to view such material, and that such material does not
offend or vex your sensibilities. Should you be unable to affirmatively
make the representations and warranties contained herein, do NOT
subscribe to this Service.
10. Under no circumstances, including,
but not limited to, negligence, shall Templar International Inc.
or any of its related, affiliated companies be liable for any
direct, indirect, incidental, special, consequential or punitive
damages that result from the use of, or the inability to use the
Service. Subscriber specifically acknowledges and agrees that
Templar International Inc. is not liable for any defamatory, offensive
or illegal conduct of any user, or for 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
under contract or tort theory, or under any other cause of action,
for any amount over and above the amount paid by Subscriber to
Templar International Inc. for the preceding twelve (12) months.
11. Templar International Inc. MAKES
NO WARRANTIES OR REPRESENTATIONS AS TO THE INFORMATION, SERVICES
OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE.
SUBSCRIBER'S USE OF THE SERVICE IS AT HIS/HER OWN RISK. Templar
International Inc., NOR ANY PARTY INVOLVED IN CREATING, PRODUCING,
OR DELIVERING THE SERVER OR CONTENT, IS LIABLE FOR ANY DIRECT
INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING
FROM YOUR ACCESS TO, USE OF, OR INTERPRETATION OF, THE SERVICE
OR PRODUCTS OR SERVICES OR INFORMATION PROVIDED BY OR THROUGH
THE SERVICE. WITHOUT LIMITING THE FOREGOING, Templar International
Inc. MAKES NO WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE,
OR NON- RESULTS OF THE USE OF THE CONTENT IN TERMS OF THEIR CORRECTNESS,
ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
12. PLEASE NOTE THAT SOME JURISDICTIONS
MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF
THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS
FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF
IMPLIED WARRANTIES.
13. Subscriber agrees to indemnify
and hold harmless Templar International Inc., Porn Gate, their
officers, directors, managers, members, agents and employees from
any claims, losses, liabilities or expenses (including reasonable
attorneys' fees) arising out of Subscriber's breach of any term,
condition or promise contained herein. Should any such claim for
indemnification arise, or should any action be brought by Subscriber
or Templar International Inc. relating to any services or products
offered by or through the Service, Subscriber agrees to submit
to the personal jurisdiction of the courts of the Province of
Labuan.
14. Except for public domain material
and electronic messages, all material displayed on the Service
is copyrighted by Templar International Inc., or is licensed under
copyright by Templar International Inc., and may not be copied,
redistributed, or downloaded, in whole or in part, without the
prior written consent of Templar International Inc.
15. The Service is for the private,
non- commercial enjoyment of Subscribers only. Any other use is
prohibited specifically bulk download software will not be allowed.
16. The Service enables Subscribers
to share information with other Subscribers. Subscribers agree
not to submit, publish, or display on the Service any defamatory,
inaccurate, abusive, threatening, racially offensive, or illegal
material. Transmission of such material that violates any federal,
provincial or local law, is prohibited and is a breach of this
Agreement.
17. Subscribers agree not to engage
in advertising to, or solicitation of other Subscribers to buy
or sell any products or services through the Service without prior
written consent. Subscribers are responsible for information they
send, or display through the Service even if a claim should arise
after termination of service.
18. There are no facilities provided
by the Service for sending or receiving private or confidential
electronic communications. All messages shall be deemed to be
readily accessible to the general public. Do not use the Service
for any communication for which the sender intends only the sender
and the intended recipient(s) to read. Subscriber hereby acknowledges
and agrees that all messages entered into this Service can and
may be read by the operators of the Service, whether or not they
are the intended recipient(s).
19. Notices by Templar International
Inc. 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 must be given by electronic
mail, unless otherwise specified in the Agreement. All questions,
complaints, or notices to Templar International Inc. by means
of electronic message must be directed to mailto:sales@billiewest.com?subject=Terms
of Service question
All questions regarding new Templar International Inc. membership
by means of electronic message should be sent to mailto:sales@billiewest.com?subject=Terms
of Service question
20. This Agreement sets forth the
full and complete understanding between Subscriber and Templar
International Inc. with respect to its subject matter, and supersedes
all prior understanding or agreements, whether written or verbal.
This Agreement may be modified upon notice by Templar International
Inc. to its Subscribers. Unless contrary to law or otherwise stated,
each provision of this Agreement shall survive termination. This
Agreement shall be governed by, and construed in accordance with,
the laws of the Province of Labuan for contracts entered into
and wholly performed within that Province. The prevailing party
in any suit to enforce the terms hereof shall be entitled to recover
his/her/its reasonable attorneys' fees.