1. By entering
WildMatch.com
(the "Site") which is operated by Sobonito Investments Ltd. dba
WildMatch.com
, you, the user, agree to be bound by these Terms and Conditions. By purchasing
a membership to the Site, you become a VIP Member of
WildMatch.com
com and agree to be bound by these Terms and Conditions. In these Terms and
Conditions the terms "Member" and/or "VIP Member" and/or "Membership" and/or
"VIP Membership" shall refer to
WildMatch.com
.
2. These Terms and Conditions are subject to changes by
WildMatch.com
at any time, and changes are effective immediately without notice upon each
user and/or Member.
WildMatch.com
may terminate, at any time, one or more of the services and/or
features of the Site, without notice upon each user and/or Member. Please read
the relevant sections regarding the Site's refund policy.
3. Your Membership is non-transferable and non-assignable.
4. By becoming a VIP Member, you hereby authorize the imposition of charges to
your credit card for all VIP Membership fees as well as for any further goods
and/or services at, through and/or from or pertaining to the Site.
5. THE SITE IS DESIGNED AND INTENDED SOLELY FOR CONSENTING ADULTS - WHO ARE AT
LEAST 18 YEARS OLD (21 IN AL, MS, NE, WY, AND ANY OTHER LOCATION WHERE 18 IS
NOT THE AGE OF MAJORITY)- WHO ARE INTERESTED IN AND WISH TO HAVE ACCESS TO
VISUAL IMAGES, VERBAL DESCRIPTIONS AND AUDIO SOUNDS OF A SEXUALLY ORIENTED,
FRANKLY EROTIC NATURE. THE MATERIALS WHICH ARE AVAILABLE WITHIN THIS SITE MAY
INCLUDE GRAPHIC VISUAL DEPICTIONS AND DESCRIPTIONS OF NUDITY AND SEXUAL
ACTIVITY AND SHOULD NOT BE ACCESSED BY ANYONE YOUNGER THAN 18 YEARS OLD (21 IN
AL, MS, NE, WY, AND ANY OTHER LOCATION WHERE 18 IS NOT THE AGE OF MAJORITY) OR
WHO IS OFFENDED BY SUCH MATERIALS OR WHO DOES NOT WISH TO BE EXPOSED TO SUCH
MATERIALS. BY PURCHASING A VIP MEMBERSHIP YOU ARE MAKING THE FOLLOWING
STATEMENTS: "UNDER PENALTY OF PERJURY, I SWEAR/AFFIRM THAT AS OF THIS MOMENT, I
AM AN ADULT, AT LEAST 18 YEARS OF AGE (21 IN AL, MS, NE, WY, AND ANY OTHER
LOCATION WHERE 18 IS NOT THE AGE OF MAJORITY). I PROMISE THAT I WILL NOT PERMIT
ANY PERSON(S) UNDER 18 YEARS OF AGE (21 IN AL, MS, NE, WY, AND ANY OTHER
LOCATION WHERE 18 IS NOT THE AGE OF MAJORITY) TO HAVE ACCESS TO ANY OF THE
MATERIALS CONTAINED WITHIN THIS SITE. I UNDERSTAND THAT WHEN I GAIN ACCESS TO
THIS SITE, I WILL BE EXPOSED TO VISUAL IMAGES, VERBAL DESCRIPTIONS AND AUDIO
SOUNDS OF A SEXUALLY ORIENTED, FRANKLY EROTIC NATURE, WHICH MAY INCLUDE GRAPHIC
VISUAL DEPICTIONS AND DESCRIPTIONS OF NUDITY AND SEXUAL ACTIVITY. I AM
VOLUNTARILY CHOOSING TO DO SO, BECAUSE I WANT TO VIEW, READ AND/OR HEAR THE
VARIOUS MATERIALS, WHICH ARE AVAILABLE, FOR MY OWN PERSONAL ENJOYMENT,
INFORMATION AND/OR EDUCATION. MY CHOICE IS A MANIFESTATION OF MY INTEREST IN
SEXUAL MATTERS WHICH, I BELIEVE, IS BOTH HEALTHY AND NORMAL AND WHICH, IN MY
EXPERIENCE, IS GENERALLY SHARED BY AVERAGE ADULTS IN MY COMMUNITY. I AM
FAMILIAR WITH THE STANDARDS IN MY COMMUNITY REGARDING THE ACCEPTANCE OF SUCH
SEXUALLY ORIENTED MATERIALS, AND THE MATERIALS I EXPECT TO ENCOUNTER ARE WITHIN
THOSE STANDARDS. IN MY JUDGEMENT, THE AVERAGE ADULT IN MY COMMUNITY ACCEPTS THE
CONSUMPTION OF SUCH MATERIALS BY WILLING ADULTS IN CIRCUMSTANCES SUCH AS THIS
WHICH OFFER REASONABLE INSULATION FROM THE MATERIALS FOR MINORS AND UNWILLING
ADULTS, AND WILL NOT FIND SUCH MATERIALS TO APPEAL TO A PRURIENT INTEREST OR TO
BE PATENTLY OFFENSIVE. I FURTHER REPRESENT AND WARRANT THAT I HAVE NOT NOTIFIED
ANY GOVERNMENTAL AGENCY, INCLUDING THE U.S. POSTAL SERVICE, THAT I DO NOT WISH
TO RECEIVE SEXUALLY ORIENTED MATERIAL."
5B. You are solely responsible to verify the age of any person (i.e. - making
sure that the person is not a minor) that you communicate using the information
on the site, whether the communication is on or off the site. As well you are
solely responsible for any content you post on WildMatch.com.
5C. WildMatch.com complies with 18 U.S.C. § 2257, and its regulations. To the
best of WildMatch.com 's knowledge, all models appearing in this website were
at least eighteen years old at the time of the creation of such depictions.
The original records required from the primary producer of any depictions of
actual sexually explicit conduct contained in this website are kept by the
Custodians of Records
In fulfilling its obligations under 18 U.S.C. § 2257,
WildMatch.com
relies on the plain language of the statute and on the well-reasoned decision
of the United States Court of Appeals for the Tenth Circuit in Sundance
Associates, Inc. v. Reno, 139 F.3d 804, 808 (10th Cir 1998), which held that
entities which have no role in the "hiring, contracting for, managing, or
otherwise arranging for the participation" of the models or performers, are
exempt from the record-keeping requirements of 18 U.S.C. § 2257.
6. RESTRICTED LOCATIONS THE SITE MAY NOT BE ACCESSED, VIEWED, DOWNLOADED OR
OTHERWISE RECEIVED IN ANY COUNTRY OR LOCATION IN WHICH DOING SO WOULD, OR COULD
BE DEEMED A VIOLATION OF ANY LAW, REGULATION, RULE, ORDINANCE, EDICT OR CUSTOM.
7. NON-ASSIGNABILITY / THEFT OF LOGIN Your Membership, username and password
(Login), may not be assigned or transferred to any other person or entity.
Users and Members must promptly inform
WildMatch.com
or the Site of any apparent breach of security, such as loss, theft,
or unauthorized disclosure or use of a username or password. Until
WildMatch.com
or the Site is notified, by e-mail, of any breach in security, you
will remain personally liable for any unauthorized use of the Service.
8. As a Member you are personally liable for, and shall defend, indemnify and
hold harmless
WildMatch.com
, the Site and the Site owner from any and all damages (including loss
of profits, loss of property, fines and penalties), losses and costs (including
attorneys' fees) resulting from any attempted or actual unauthorized
downloading or other duplication whether solely by user or Member or with or
under the authority of any other including governmental agency.
9. A Membership to the Site provides you with permission to use features of the
Site for personal, non-commercial use. As customers, visitors to the Site
hereby granted with authorization to download on a single computer only, any of
the information found on the Site for personal, non-commercial use only.
Commercial use of the Site, or any material located on it, is strictly
prohibited. In addition, you may not modify any of the materials found on the
Site; use them for any public display, performance, sale or rental; remove,
modify or alter any copyright or other proprietary notice, or trademarks; or
transfer any material located on the Site to any other person.
10. If you make repeated, unsuccessful attempts to log-in to the Site, you may
be temporarily blocked from logging-in to the Site. This is done in order to
prevent attacks on the Site that may influence on the Site's services.
11. You must keep your Login strictly confidential. For security reasons,
WildMatch.com
will not release passwords for any reason, to anyone other than to
Members, except as may be specifically required by law or court order.
12. BOOKMARKING
Book marking to a page on the Site whereby the Warning page(s) and/or Terms and
Conditions are by-passed shall constitute an implicit acceptance of the Terms
and Conditions herein and an explicit acknowledgement of age of majority.
13. THE MATERIALS ON THE SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR
IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE.
WildMatch.com
OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE.
WildMatch.com
DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION,
TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THE SITE. ANY OF THE
INFORMATION OFFERED ON THE SITE MAY CHANGE AT ANY TIME WITHOUT NOTICE. TO THE
EXTENT SUBSCRIBER IS LOCATED WHERE SUCH DISCLAIMER IS INAPPLICABLE OR
RESTRICTED, THE DISCLAIMER MAY NOT APPLY AND SUBSCRIBER MAY HAVE LEGAL RIGHTS
WHICH VARY FROM STATE TO STATE OR JURISDICTION.
14.
WildMatch.com
AND THE SITE MAKE NO REPRESENTATION AS TO ANY OF THE INFORMATION FOUND AT
THE SITE. 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.
15. Under no circumstances shall the Site be held liable for any direct or
indirect damages, to any user, participant and/or other third party that may
arise due to "downtime" and/or availability of the Site or the Site's systems.
16. IN THE EVENT
WildMatch.com
OR THE SITE ARE FOUND LIABLE FOR ANY FAILURE TO PERFORM, ERROR, OMISSION,
INTERUPTION, DEFECT, DELAY OR OTHERWISE AND REGARDLESS OF WHETHER BASED UPON
BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CLAIM OR CAUSE OF ACTION, THE
MAXIMUM LIABILITY OF
WildMatch.com
, THE SITE AND THE SITE OWNER SHALL BE LIABLE FOR NO MORE THAN THE AMOUNT
OF THE SUBSCRIPTION FEE PAID BY OR ON BEHALF OF THE SUBSCRIBER FOR THE
PRECEEDING MONTH. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY. HOWEVER, UNDER NO CIRCUMSTANCES AND
UNDER NO LEGAL THEORY SHALL
WildMatch.com
, THE SITE OR THE SITE OWNER, OR ANY OF THEIR SUPLIERS, LICENSES OR OTHER
SUBSCRIBERS 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, INCLUDING BUT NOT LIMITED TO, LOSS
OF GOOD WILL, WORK STOPPAGE, COMPUTER OR OTHER EQUIPMENT FAILURE OR
MALFUNCTION.
17. All materials on the Site are proprietary, constitute valuable intellectual
property, are copyrighted and are protected under treaty provisions and
worldwide copyright laws. The Site's materials may not be reproduced, copied,
edited, published, transmitted or uploaded in any way without written
permission.
18.
WildMatch.com
may transfer any and all of your information to related parties and its
affiliates. Among others, the Site may disclose any and all personal
information to other people or agencies in order to: (a) follow the law or
comply with legal process served on our affiliates; (b) protect and defend our
rights or property or those of our users; (c) act as quickly as needed to
protect the personal safety of our users or other people;
19. The Site enables you to share information with other Members and/or users.
The Site also enables you to use a message center. You agree not to submit,
publish, or display any defamatory, inaccurate, abusive, threatening, racially
offensive, or illegal material on the Site and/or on the message center.
Transmission of such material that violates any federal, state, or local law,
is prohibited and is a breach of these Terms and Conditions. You understand
that the Site may not allow you to send emails, in case you exceed a daily
number of emails. You agree not to engage in advertising to, or solicitation of
other Members and/or users to buy or sell any products or services through the
Site without prior written consent. You alone are responsible for information
you send, or display through the Site even if a claim should arise after
termination of service. All messages you send via the Site shall be deemed to
be readily accessible to the general public. Do not use the Site for any
communication for which the sender intends only the sender and the intended
recipient(s) to read. Notice is hereby given that all messages entered into
this Site can and may be read by the operators of the Site, whether or not they
are the intended recipient(s).
WildMatch.com
operates a service, which will address users, at its sole discretion, and
help users connect to the Site's nature. Among others, this service will
encourage the users to write to other users and/or to the service itself, by
emailing the users. These emails/messages shall bear the following sign on the
bottom of the email/message: ***. Moreover, the site may publish materials on
some of the Site's pages, in order to help users connect to the Site's nature.
These pages shall also bare the sign: "***" on them. The Site hereby declares
that the information on such marked pages should not be interpreted and
understood literally as written.
As a user you may receive occasional emails from other users on the Site,
forwarded by the Site to you as well as to the other users of the Site. These
emails shall bear the word: forward on them.
You may also receive emails from the Site's Get Introduced feature which allows
users to introduce themselves to other users in the site by registering to the
feature and allowing the Site to email others on their behalf. The Site may
choose at its sole discretion which user shall receive a Get Introduced email
and from whom the user will receive the Get Introduced email.
BY ACCEPTING THESE TERMS AND CONDITIONS, AND AS A USER OF THE SITE, YOU
AGREE TO RECEIVE SUCH EMAILS, BOTH FROM THE SITE, AND FROM OTHER USERS AS
FORWARDED TO YOU BY THE SITE. YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS, AS
EXPRESSLY INDICATED BY CLICKING ON THE BUTTON BELOW, INDICATES THAT AS A
SUBSCRIBER YOU WISH TO RECEIVE SUCH EMAILS. As described above,
WildMatch.com
may from time to time send you email to help users connect to the site's
nature. These emails will be sent to the Message Center of the Site. If at any
time you wish to stop receiving such emails, all you need to do is send an
email to the site's customer service at: info@WildMatch.com
with your request.
Every user of the Site hereby warrants and represents that he or she is over
the age of 18 (21 in AL, MS, NE, WY, and any other location where 18 is not the
age of majority), and in all respects is qualified and competent to enter into
this agreement.
20. The message center enables you and other users and/or Members to view what
other users and/or Members are online at that time. By using the Site you agree
to enable others to know that you are online and to be contacted while on line.
21. When you choose to participate in the Site, you agree to allow the Site and
its operators to use your profile and any information you submit as a part of
your profile, in any of the Site's and/or affiliated sites' promotion material
(including: using your picture and username in promotional emails and/or any
other advertisements).
22. In addition to these Terms and Conditions, the Site may have additional
Terms and Conditions that are, and shall become, an integral part of these
Terms and Conditions. All Terms and Conditions apply to
WildMatch.com
, the Site, and to users and/or Members (where relevant). These Terms
and Conditions supersede all prior written or oral understandings, writings and
representations and may only be amended by
WildMatch.com
or the Site. If any provision of these Terms and Conditions is held
void or unenforceable to any extent, such provision shall be deemed excised and
removed only to the extent to make the remaining provisions and these Terms and
Conditions enforceable. Unless otherwise specifically provided, the provisions
of these Terms and Conditions shall survive its termination.
23. In any case the Site is terminated and ceases all operations on the Site it
is hereby clarified that all Memberships (of all kinds) are terminated
immediately, without any prior notifications by any party.
24. Notices by the Site to you may be given by means of electronic messages
through the Site, by a general posting on the Site, or by conventional mail.
Notices by you to the Site and/or
WildMatch.com
may be given by electronic messages, conventional mail, unless
otherwise specified in these Terms and Conditions. All questions, complaints,
or notices regarding the Site to
WildMatch.com
must be sent by clicking on the "Help" button below.
25. SUBSCRIPTION FEES
TThe Subscriber's payment will be discreetly processed by CCBill.com or
Paycom.net,
WildMatch.com
's secure third party processors. Fees options are -
$3.95 for a 3 Day Trial VIP Membership (Membership automatically renews at
$33.95 a month, every 30 days, until Subscriber cancels).
$3.95 for a 3 Day Trial VIP Membership (Membership automatically renews at
$49.95 for a 60 day membership, every 60 days, until Subscriber cancels).
$29.95 for a 30 Day VIP Membership (Membership automatically renews at $29.95 a
month, every 30 days, until Subscriber cancels).
$49.95 for a 60 Day VIP Membership (Membership automatically renews at $49.95
for a 60 day membership, every 60 days, until Subscriber cancels).
*CCBill and Paycom are fully secured and guaranteed to ensure the subscriber
absolute privacy and reliability in the amount charged. For users paying with
Visa, credit card statements are discreetly charged as: "CCbill.com *sobonito
inv" or "Paycom.net *sobonito inv". For users paying with other credit cards,
statements are charged as: "CCbill.com" or "Paycom.net". To contact CCbill,
please click here. To contact
Paycom, please click here.
Please note that until the beginning of October, 2004 all charges were
processed by IBill.com.
The billing for Subscribers who began their subscription before October 2004 is
as follows:
Subscribers paying via Credit Card were billed by IBill and all re-billing
after the beginning of October 2004 will be billed by CCbill or PayCom.
Subscribers paying via Online Check Payment were billed by IBill and all
re-billing after the beginning of October 2004 will be billed by CCbill or
PayCom. To contact IBill, please click
here.
All subscriptions starting after the beginning of October 2004 will be billed
and re-billed by CCbill.
All subscriptions starting after June 15, 2005 will be billed and re-billed by
either CCbill or Paycom.
Please note that you will remain subject to the lower price of the following
two options:
(a) The valid price upon your joining;
(b) The current prices of the Site.
Paying with MoneyGram (in USA) or Western Union (in Canada)
You can use the alternative MoneyGram / Western Union payment method to
purchase WildMatch VIP Membership. MoneyGram / Western Union services enable
you to keep your privacy and buy VIP Membership - without using a credit card.
Please note that this service is only available in the US and Mexico and
Western Union service is available only in Canada.
In order to use MoneyGram / Western Union go to a local MoneyGram / Western
Union Agent and purchase WildMatch VIP Membership with cash. The funds will be
automatically wired to your WildMatch account.
You can purchase three VIP Membership Packages via MoneyGram ($US) / Western
Union ($CAD):
3 month VIP membership for $60.00 US / $72 CAD
6 month VIP membership for $100.00 US / $120 CAD
1 year VIP membership for $150.00 US /$180 CAD
Please note that you need to deposit the exact amount of $60 US/ $72 CAD, $100
US/ $120 CAD or $150 US / $180CAD (not more and no less) otherwise we can't
acquit your account for the right sum. For example - if you deposit $55 US you
won't receive any subscription period. If you deposit $70 US we can only acquit
you for $60 and three months VIP Membership and if you deposit $120 US we can
only acquit you for $100 and six months VIP Membership.
Subscription fees are non-refundable once Subscriber's username and password
have been used to access the Site.
Please not that subscription fees do not include any access to per minute
services that are detailed below. These services will be paid separately.
26. PER MINUTE SERVICES
A. The services 'Live Keyholes' and 'Webcam Vids' in WildMatch.com are charged
according to a per minute rate.
B. The per minute rate is currently $2 US for the 'Webcam Vids' and $3 US for
the 'Live Keyholes'.
C. All credit for per minute services is called WildMatch credit. You are able
to see your WildMatch Credit in your Activity Log. For billing inquiries,
please contact the WildMatch.com Customer Service.
27. REFUNDS
Subscription fees are non-refundable once Subscriber's username and password
have been used to access the Site. In the event that
WildMatch.com
decides to issue a refund, ALL refunds will be made by crediting the credit
card that was used to make the original purchase. NO refunds will be made by
cash or check.
28
. TERMINATION / CANCELLATION
Your Membership may be terminated at any time, and without cause, by
WildMatch.com
upon notification through the site, or by electronic or conventional
mail, or by telephone, fax or submitting this cancellation request.
When either you or the Site terminates your Membership, you are not entitled to
receive refunds for your VIP Membership Fees. VIP Membership Fees
are NOT refunded.
In any case the Site is terminated and ceases all operations on the Site it is
hereby clarified that all Memberships (of all kinds) are terminated
immediately, without any prior notifications by any party.
Upon cancellation your Membership will no longer be valid, you will no longer
be able to access the site and all of your member privileges will cease.
However, you are charged for your VIP membership, by a monthly charge.
Therefore, if you choose to cancel your billing at any time during your monthly
billing period, you will still be billed for a full month's VIP membership and
you will be able to access the site till the end of this monthly billing period
(For example: if you cancel your billing after two weeks, you will be billed
for that month's VIP membership and will be able to access the site after your
cancellation notice).
