TERMS  AND  CONDITIONS
  1. By becoming a member of Black Asses and Elbows (the "Service"), you become a Subscriber and agree to be bound by this Agreement (the "Agreement"). This agreement is subject to change by Black Asses and Elbows at any time, and changes are effective upon notice to each Subscriber.

  2. Subscription fees. The subscriber is responsible for paying periodic subscription fees according to the initial billing terms.

  3. Unless and until this agreement is canceled in accordance with the terms hereof, the Subscriber hereby authorizes the "Service" to charge the Subscriber's credit card (or other approved facility) to pay for the ongoing cost of membership. The Subscriber hereby further authorizes the "Service" to charge the Subscriber's billing source for any and all purchases of products, services and entertainment provided by Black Asses and Elbows. Subscribership may not be assigned or transferred to any other person or entity. The Subscriber must promptly inform Black Asses and Elbows 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 Black Asses and Elbows is notified, by e-mail, of a breach in security, the Subscriber will remain liable for any unauthorized use of the "Service."

  4. Payment for the appropriate services may be made by automatic credit card debit, telecheck servuces or by telephone. Members will be automatically renewed for the original term of service upon expiration, in accordance with the terms specified by CCBILL.

  5. Subscription to the "Service" may be terminated at any time, and without cause, by either Black Asses and Elbows, CCBill or the by the Subscriber upon notification of one of the other by conventional or electronic mail, or by telephone. When termination is requested by a subscriber, subscription fees are not refunded. All Subscribers are liable for charges incurred by them until termination of services.

  6. All Subscribers are responsible for providing all personal computer and communications equipment necessary to gain access to the "Service." Access to and use of the "Service" is through a combination of an identification (ID) code and a password. Each Subscriber must keep his/her password confidential. For security reasons, Black Asses and Elbows will not release passwords for any reason, except when specifically required by law or court order to do so. Any unauthorized access to the "Service" is a breach of this Agreement and a violation of law.

  7. Any liability of Black Asses and Elbows including (and without limitation) any alteration of records, breach of contract, communications line failure, defect, delay in operation or transmission, deletion, destruction, error, failure of performance, interruption, negligence, omission, theft, unauthorized access to or use of records, or under any other cause or action, shall be strictly limited to the amount paid by or on behalf of the subscriber to Black Asses and Elbows 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.

  8. No warranty is made by Black Asses and Elbows regarding any information, services, or products provided through or in connection with the "Service". Black Asses and Elbows hereby disclaims any and all warranties, including and without limitation:
    1) any warranties as to the availability, accuracy, or content of information, products, or services;

    2) any warranties of salability 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.

  9. Notices by Black Asses and Elbows 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.

  10. All questions regarding new Black Asses and Elbows memberships should be referred to CCBILL or to the Black Asses and Elbows Webmaster so that we can notify CCBILL.

  11. All cancellation requests must go through CCBILL.

  12. All other questions and suggestions should be directed to the Black Asses and Elbows Webmaster.

  13. Please include your full name and username in all correspondence.

  14. 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.

  15. This Agreement contains the entire agreement between the Subscriber and Black Asses and Elbows regarding the use of the "Service," and supersedes all prior written and oral understandings and writings, and may only be amended upon notice by Black Asses and Elbows to Subscribers. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.
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