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| Terms and Conditions of Use Visitors or Members
These Terms and Conditions apply to Xervious Networks, LLC. websites. These include animegamescafe.com 3dcgx.com (collectively, referred to herein as "XNLLC,")
BEFORE you are authorized to visit or
access materials on the XNLLC websites, you are required to read and accept the following Terms and
Conditions of Use (the "Agreement"). Please take care to carefully read
and understand each and every provision contained in this Agreement before
determining whether you agree to proceed:
- If you do not agree to be bound by this Agreement, you may
not access, view or use any part of the XNLLC, you must exit the XNLLC
immediately, and you may not print or download any material from the
XNLLC, whatsoever.
- By accessing, viewing, using, printing, or downloading any material from
the XNLLC, or by becoming a member of the XNLLC, you agree to be bound by this
Agreement, and may only use the XNLLC in accordance with this Agreement, as
follows:
IN CONSIDERATION of the mutual promises set forth, the
receipt and sufficiency of which are hereby acknowledged, the parties hereto
make the following representations to and agree with one another:
- Parties & Agreement. This Agreement is made and entered into by
Xervious Networks, LLC. which enables your access to the
XNLLC, and being a visitor to, member, or user of the XNLLC.
Subject to the provisions set forth in this Agreement, Company grants you a
non-exclusive, non-transferable, wholly revocable license, to visit, join or
use the XNLLC, as applicable. This Agreement is subject to change by Company
without prior notice and at any time, and changes are effective upon notice to
you by posting them here. Changes shall
take effect at the time they are posted and in the absence any affirmative act
manifesting your consent. The continuation of your use of the XNLLC whatsoever,
shall constitute agreement and acquiescence to the whole Agreement as then
posted, including any Guidelines promulgated under it, despite any change in
or difference they may contain from the terms of this Agreement, as presently
written, or from any Guidelines or terms of use, as presently posted.
- Age of Majority Adult Content. All text, images, graphics,
messages and communications, whatsoever, found on the XNLLC (collectively
referred to as "Content") are authorized only for distribution
exclusively to persons over twenty one (21) years of age who access the XNLLC in
locations where such Content does not infringe upon or violate any local
standard of decency or any federal, state or local law or regulation of
Canada, the United States or any other country. No person who is under the age
of twenty one (21) years may directly or indirectly view, download or possess
any XNLLC Content. You are responsible for knowing and understanding the
standards of decency and other laws and regulations in place in your community
concerning adult-oriented Content, and Company in no way represents or
warrants that Content is compliant with your local laws. You hereby
acknowledge and agree that Content on the XNLLC reflects explicit depictions of
nudity and situations of an explicit sexual nature, that you are familiar with
Content of this kind, and that you are not offended by such Content. If you
are, or may be, so offended, you are strongly advised to refrain from
accessing the XNLLC.
- No Child Pornography. No child pornography whatsoever is permitted
on the XNLLC. If you see any images, real or simulated, depicting minors engaged
in sexual activity on the XNLLC, please report it to: wrr@3dcgx.com immediately.
Include with your report any appropriate evidence, including the date and
time. All reports will immediately be investigated and the appropriate action
will be taken. Company will cooperate with any law-enforcement agency
investigating child pornography.
- Use of Content Limitations. All Content contained on the XNLLC is
protected under the laws of copyright, owned or under license to Company, XNLLC
webmasters or their designees, and represents proprietary and valuable
intellectual property. You cannot, under any circumstances, access, view,
download, receive and make use of Content except as specifically permitted by
this Agreement. You shall at no time access, view, download, receive or
otherwise use, or cause or enable any other person or entity to access, view,
download, receive or make use of any portion of said Content, directly or
indirectly in places where Company does not authorize such access, viewing,
downloading, receipt or other use, including but not limited to any nation,
state or province or portion thereof where the access, viewing, downloading or
any other use of the Content would, or could reasonably, be a violation of any
civil or criminal law, governmental regulation or court decision.
- Membership. You may access the non-public portions of the XNLLC only
by being a member in good standing of the XNLLC. You may become a member by
completing an online registration form, and paying the applicable or stated
fee. Upon submission of the online registration form, Company and/or its
authorized agents will process the application and supply you with a
confidential ID and Password to enter the non-public portion of the XNLLC. In
connection with completing the online registration form, you agree to: (1)
provide true, accurate, current and complete information about yourself as
prompted by the registration form; and: (2) maintain and promptly update the
registration data to keep it true, accurate, current and complete at all times
while you are a member. If you provide any information that is untrue,
inaccurate, not current or incomplete, or Company or any of its authorized
agents have reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, Company has the right to refuse your
membership application, and/or to suspend or terminate your account.
- Membership Fees. Should you access the XNLLC on the basis of a one
month membership, be advised that all one month memberships will automatically
become regular monthly memberships at the end of the one month membership
period unless the user cancels their membership by using our online tools or
by emailing: wrr@3dcgx.com with their
username and subscription ID number. Subscriptions are recurring subscriptions
meaning that you will automatically be billed monthly until you cancel your
membership.
- ID and Password. Upon becoming a member of the XNLLC, Company will
provide you with a unique ID and password which allows access to the entire
XNLLC. The ID and password are, and shall remain, the sole and exclusive
property of Company, and are issued to you in the form of a revocable,
confidential, single-user, non-transferable license. You have a strict
obligation to keep the ID and password confidential. You are not permitted to
re-distribute, share or trade your ID and password with anyone. Should the
confidentiality of either your ID or password become, or you have reason to
believe that either may have become, compromised or learned by a person other
than you, you must immediately inform Company via e-mail. You must remember
your ID and password, because Company will not release that information to
anyone, including you, for any reason.
- Duty to Report. If the address or any other information pertaining
to your credit card is changed for any reason, or if your credit card is lost
or stolen, or if your ID or password may have become compromised, you must
immediately inform Company via e-mail. Your failure to do so will be a
material breach of this Agreement. IN THE EVENT OF YOUR FAILURE TO NOTIFY
COMPANY OF A LOST OR STOLEN CREDIT CARD, COMPANY DISCLAIMS ANY AND ALL
RESPONSIBILITY FOR CHARGES POSTED TO IT.
- Termination. Access to the XNLLC may be terminated by you at any
time, with or without cause. In such event, you agree to be personally liable
for all charges incurred by you during or through the use of the XNLLC until the
expiration of your subscription period. You shall remain liable for such
charges after termination of your access rights to the XNLLC for any reason.
Your access to the XNLLC may also be terminated by Company at any time, with or
without cause. In such event, you will be refunded any unused portion of your
membership fee.
- Representations and Warranties: You represent and warrant to
Company and Company Group that:
- you are aware that by the use of an XNLLC membership ID and password, you
may encounter websites that include objectionable materials not condoned by
Company; and in that case, you should contact Company immediately at wrr@3dcgx.com
- you acknowledge that Company provides access verification services and
the issuance of adult access IDs and passwords, and that it does not
sponsor, promote, or endorse the distribution of objectionable materials;
- in any event, it is lawful to receive and view said objectionable
materials in the jurisdiction in which you reside, receive or view the said
materials;
- you will not use any of the materials that you view or access on the
XNLLC, in any manner that is inconsistent with the intellectual property,
privacy and publicity rights of the lawful holders of those rights; and
- you assume all risk and accept all responsibility for any and all use of
your XNLLC membership, for access to any participating XNLLC websites, and for
the use of any materials or Content (including programming, code, software,
encryption, data or other information technology) obtained from any
participating XNLLC website.
- Third Party Communications. Company does not screen or endorse
advertisements or communications submitted to it by third-party licensees,
advertisers, or visitors for electronic dissemination through the XNLLC. You are
advised to use your own judgment to evaluate all advertisements and other
communications available at or through the use of the XNLLC prior to purchasing
goods and/or services described therein or otherwise responding to or acting
upon any such communications.
- Use of Information. Company's privacy policy (located at http://www.animecafeclub.com/pp.html),
as amended by Company from time to time, and except as may be modified herein,
is a binding part of this Agreement. Company will not disclose, disseminate,
sell, lease or transfer any private information provided to it by a visitor,
user or member to any third parties, except in response to legal process.
Otherwise, all data, information, compilations, statistical analyses,
profiles, membership history and transaction records are the sole and absolute
property of Company. Notwithstanding the foregoing, Company may utilize the
outsourced services of trusted third parties to conduct real-time transaction
and credit card screening and to participate in credit card chargeback
inquiries.
- DISCLAIMER OF WARRANTY. COMPANY DOES NOT GUARANTEE OR WARRANT THE
COMPATIBILITY OF YOUR EQUIPMENT, COMPUTER OR SOFTWARE, INCLUDING BUT NOT
LIMITED TO, THE TYPE OF COMPUTER, COMPUTER CONFIGURATION, BROWSER SOFTWARE,
OTHER SOFTWARE, DIAL UP ACCOUNT, TCP/IP, WINSOCK OR ONLINE SERVICE. COMPANY IS
NOT RESPONSIBLE FOR ANY DELAY OR INTERRUPTION IN SERVICE OR INABILITY OF YOU
TO ACCESS PARTICIPATING WEBSITES DUE TO TECHNICAL DIFFICULTIES OR FAILURE OF
THE INTERNET, WORLD WIDE WEB, TELEPHONE LINES, SWITCHING OR ANY OTHER CAUSES
BEYOND ITS IMMEDIATE CONTROL. COMPANY GRANTS NO WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE OTHER THAN THOSE WHICH ARE IMPLIED BY AND
INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE STATUTORY
LAW. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY OR ANY MEMBER
OF COMPANY GROUP SHALL CREATE A WARRANTY OR IN ANY WAY MODIFY THE SCOPE OF
THIS PARAGRAPH.
- EXCLUSION OF LIABILITY. COMPANY IS NOT LIABLE FOR DAMAGES
WHATSOEVER RESULTING FROM DISSEMINATING, FAILING TO DISSEMINATE, OR
INCORRECTLY OR INACCURATELY DISSEMINATING ANY MATERIALS, DATA, ADVERTISEMENT
OR OTHER COMMUNICATION AT OR THROUGH THE XNLLC. IN NO EVENT SHALL COMPANY BE
LIABLE TO YOU OR ANY OTHER PERSON FOR LOSS OF BUSINESS OR PROFITS OR FOR ANY
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF, OR
INABILITY TO USE, THE XNLLC OR THE CONTENTS THEREOF, EVEN IF COMPANY WAS
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY OTHER CLAIM
BY YOU OR BY ANY OTHER PERSON. YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF
A BREACH OF THIS AGREEMENT BY COMPANY IS A REFUND OF NO MORE THAN ONE MONTH’S
MEMBERSHIP FEE.
- Trade Marks and Service Marks. You acknowledge and agree that Xervious Networks, LLC and Xervious Networks are Service Marks of Company and
that Company strictly governs their use.
- Indemnity. You agree to indemnify and hold harmless Company, and
its owners, shareholders, officers, directors, employees, contractors,
attorneys, and agents (collectively referred to as the "Company Group")
from and against any and all liabilities, claims, damages and costs (including
attorney's fees, government fines or forfeitures) arising in any way out of the
authorized or unauthorized use of your XNLLC membership ID or password, the
receipt, viewing, transmission or retransmission, or use of any Content by you
or any unauthorized person using your ID or password, and any breach or
alleged breach by you of any covenant, representation or warranty made by you
in this Agreement, including but not limited to attempted or actual
unauthorized downloading, viewing, retransmission, duplication or other
unauthorized use of any Content, or any disruption of the XNLLC caused directly
or indirectly by you.
- Controlling Law. This Agreement shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. Any cause of action of any nature arising out this Agreement shall be brought in the City and County of Queens New York.
- Integration. Each party to this Agreement acknowledges that this
Agreement constitutes the entire agreement of the parties with regard to the
subject matters addressed in this Agreement, that this Agreement supersedes
all prior or contemporaneous agreements, discussions, or representations,
whether oral or written, with respect to the subject matter of this Agreement,
and that this Agreement cannot be modified except in a posted writing as
hereinabove expressly provided. Each party to this Agreement further
acknowledges that no promises, representations, inducements, agreements, or
warranties, other than those set forth herein, have been made to induce the
execution of this Agreement by said party, and each party acknowledges that it
has not executed this Agreement in reliance on any promise, representation,
inducement, or warranty not contained herein. Modifications of this Agreement
(and of the Guidelines it provides for) shall supersede all prior Agreements
and Guidelines, respectively, from the time that each becomes effective.
- Severability and Construction. If any provision of this Agreement
is held to be unenforceable for any reason, such provision shall be reformed
only to the extent necessary to make it enforceable, and all other terms and
conditions shall endure. Headings of sections or paragraphs in this Agreement
are provided only for ease of reference and shall not be construed as limiting
or affecting the meaning of any term contained in any paragraph of this
Agreement.
- Relations Among the Parties. Nothing in this Agreement shall
constitute or be construed to constitute or tending to create an agency,
partnership, joint venture, master-servant or employer-employee relationship
between Company or any member of the Company Group and you, in any respect,
any other provision of this Agreement notwithstanding.
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THIS SITE IS NOT FOR CHILDREN
PARENTS for information on preventing minors accessing inappropriate material,
please follow one of these 5 links
[CyberPatrol] [CyberSitter] [NetNanny]
Xervious Networks SM, LLC websites is active in the associations and organizations below
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Xervious Networks, the associated logo and all associated Xervious Networks marks are the registered trademarks of Xervious Networks, LLC. All third party marks are the property of their respective owners.
Website design, Underlying html and Text Copyright © 2020 Xervious Networks LLC, All Rights Reserved. Products images are the copyrighted property of their respective owners. Xervious Networks LLC only carries legit Japanese content.
Very Important Note: Xervious Networks, LLC will not be held liable or responsible to where these links will lead therefore you have been warned. All images within this site are created to reflect ADULT characters. No model or character depicted in any adult situation in any product Xervious Networks LLC offers is under the age of 18. We offer only professionally produced, legally-obtained products from Japan. Xervious Networks will not offer any product featuring models or artwork of characters under the age of 18 involved in sexual situations. Please do not ask. This site contains no photography - only computer cartoon generated images and hand drawn cartoon images therefore 2257 record keeping law does not apply to this website.
Bookmarking or directly accessing any other page on this site and bypassing the main entrance agreement shall constitute an implicit acceptance of Xervious Networks, LLC legal notices.
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