a member of this service (the "Service"), you become a subscriber and agree
to be bound by this Agreement (the "Agreement"). This Agreement is subject
to change at any time. You acknowledge and agree as a subscriber to review
these terms and conditions periodically to be aware of any changes or
modifications. Your continued subscription constitutes your acknowledgement
of any changes or modifications to this Agreement and you agree to abide and
be bound by the modified Agreement.
Subscription fees will be incurred by the subscriber. The subscriber is
responsible for paying periodic subscription fees according to the current
Unless and until this Agreement is cancelled in accordance with the terms
hereof, subscriber hereby authorizes the "Service" to charge subscriber's
credit card (or other approved facility) to pay for the ongoing cost of
membership. Subscriber hereby further authorizes the "Service" to charge
subscriber's credit card (or other approved facility) for any and all
purchases of products, services, and entertainment provided by smellydick
Subscription may not be assigned or transferred to any other person or
entity. Subscriber must promptly inform billing 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 a User ID or password.
Until smellydick is notified, via e-mail, of a breach in security, the
subscriber will remain liable for any unauthorized use of the Service. Upon
request, will provide subscriber with copies of billing records that support
charges for use of the Service.
Payment for the appropriate services may be made by automatic credit card
debit. Membership will automatically be renewed for the original term upon
expiration, unless smellydick is notified, via email, along with your User ID
and Password, 48 hours prior to membership expiration. Three-Day Special
Introductory Trial Membership shall renew at the normal one-month
membership. Upon renewal to the full one-month membership, or upon request
of the subscriber via "Membership Upgrade" links provided in the password
protected area of the Service, membership will be upgraded to access to the
full selection of content and full range of benefits of service.
Subscription to the Service may be terminated at any time and without cause
by either smellydick or the subscriber upon notification to the other via
e-mail. Subscribers are liable for charges incurred by them until
termination of Service.
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 a User ID and a password.
Each subscriber must keep his password strictly confidential. Remember your
password! For security reasons, smellydick 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.
Any liability of smellydick, including, without limitation: any failure of
performance; error; omission; interruption; deletion; defect; delay in
operation or transmission; communications line failure; theft, destruction,
alteration, or unauthorized access 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 smellydick for the preceding 12 months. Some states/provinces
do not allow the limitation or exclusion of liability for incidental or
consequential damages; therefore, the above limitation or exclusion may not
apply to you.
No warranty is made by smellydick regarding any information, services, or
products provided through or in connection with the Service, and
hereby expressly disclaims any and all warranties, including, without
limitation: any warranties as to the availability, accuracy, or content of
information, products, or services, and; any warranties of merchantability
or fitness for a particular purpose. Some states/provinces do not allow the
exclusion of implied warranties; therefore, the above exclusion may not
apply to you.
Except for public domain material and electronic messages, all material
displayed on the Service is copyrighted by smellydick and may not be copied,
redistributed, or downloaded, in whole or in part, without the prior written
consent of smellydick, unless otherwise clearly stated in this Agreement.