TERMS AND CONDITIONS
You must read and agree to these terms and conditions before you can furtheraccess materials at KensTrannys.com. Please read them carefully.
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| 1. | The parties to this Agreement are you, a visitor to KensTrannys.com ("You"), and  of NJ Corp., a New Jersey Corporation ("Company"). For good and valuable consideration, the sufficiency of which is hereby acknowledged by You and the Company, and by further accessing or otherwise using services available at KensTrannys.com , You hereby agree to be bound by all the terms and conditions set forth in this agreement (the "Agreement"). Subject to the terms and conditions set forth in this Agreement, the Company agrees to provide to You nonexclusive and revocable access to the KensTrannys.com web site. This Agreement is subject to change by Company at any time, and changes are effective upon notice to You by e-mail, posting at or via hyperlink to KensTrannys.com , or by mail. |
| 2. | ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED ATKensTrannys.com ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTINGADULTS IN LOCATIONS WHERE THE MATERIALS, MESSAGES AND OTHER COMMUNICATIONSCONTAINED AT KensTrannys.com DO NOT VIOLATE ANY COMMUNITY STANDARDS OR ANYFEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES OR ANY OTHERCOUNTRY. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS MAY DIRECTLY ORINDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF KensTrannys.com OR PLACEANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN KensTrannys.com. YOU HEREBY ACKNOWLEDGE THAT MATERIALS PRESENTED AT AND/OR DOWNLOADABLEFROM KensTrannys.com INCLUDE EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONSOF NUDITY AND HETEROSEXUAL, BI-SEXUAL, HOMOSEXUAL, AND TRANSEXUAL SITUATIONSOF A SEXUAL NATURE, THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND, ANDTHAT YOU ARE NOT OFFENDED BY SUCH MATERIALS. YOU HEREBY FURTHER AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGEOF EIGHTEEN YEARS AND ARE CAPABLE OF LAWFULLY ENTERING INTO THIS AGREEMENT. |
| 3. | You acknowledge and agree that all materials contained at KensTrannys.comare proprietary and constitute valuable intellectual property. You acknowledgeand agree that as such, You may only access, view, download, receive andotherwise use the materials available at KensTrannys.com only as authorizedby the Company. You agree that You shall at no time access, view, download,receive or otherwise use, or cause or enable others to access, view, download,receive or otherwise use materials, directly or indirectly in places whichthe Company does not authorize such access, viewing, downloading, receiptor other use. You hereby acknowledge and agree that no materials from anyparts of KensTrannys.com are authorized, and no materials are intended,by the Company to be accessed, viewed, downloaded or used by, or transmitted,broadcast or otherwise disseminated to any person or entity located in anyand all areas designated as PROHIBITED AREAS below. You agree that any andall unauthorized access, viewing, downloading, receipt, duplication or otheruse of materials from KensTrannys.com , in which You are directly or indirectlyinvolved, including, but not limited to accessing, viewing, downloading,receiving or other use of materials in PROHIBITED AREAS in any manner shallconstitute intentional infringement(s) of KensTrannys.com's and potentiallyothers' intellectual property rights and other rights in such materialsand shall further constitute violations of KensTrannys.com's trademarkand other rights, including, but not limited to, rights of privacy. All of the following areas constitute PROHIBITED AREAS from which no partof KensTrannys.com may be accessed, viewed, downloaded or otherwise receivedat any time: A. All parts of the United States of America corresponding to the entireareas corresponding to United States Postal Service zip codes commencingwith any of the following: List Zip Codes B. All parts of the following countries: Afghanistan, Kuwait, Iran, Iraq,Japan, Jordan, Libya, Pakistan, The Republic of China, Singapore, SaudiArabia, Syria, The United Arab Emirates; and C. All parts of every other geophysical place corresponding to a politicalentity or part thereof in which the access, viewing, downloading or otheruse of materials at KensTrannys.com would, or could reasonably constitutea violation of any law, regulation, rule or custom. |
| 4. | You agree to be personally liable and fully indemnify KensTrannys.com forany and all damages directly, indirectly and/or consequentially resultingfrom my attempted or actual unauthorized downloading or other duplicationof materials from KensTrannys.com alone, or with or under the authorityof, any other person(s), including, without limitation, wherein such damages include, without limitation, all directand consequential damages directly or indirectly resulting from unauthorizeddownloading of materials from KensTrannys.com including, but not limitedto, damages resulting from loss of revenue, loss of property, fines, attorney'sfees and costs, including, without limitation, damages resulting from prosecutionand/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s). |
| 5. | Some or all of the following fees and charges may be incurred by the Visitor:a. fees and/or charges for goods and services ordered at, through and/orfrom KensTrannys.com or its licensees. |
| 6. | Payment for goods provided to You at and/or through KensTrannys.com maybe made by credit card and You hereby authorize Company and its agents totransact such payments on Your behalf. You agree not to report as lost orstolen any credit card which You have used in conjunction with payment toKensTrannys.com , or as unauthorized any charge by KensTrannys.com , forany goods or services for which You do not have good reason to believe is,in fact, lost , stolen or unauthorized. You hereby agree that any such fraudulentreporting of a lost or stolen credit card used to obtain goods or servicesfrom KensTrannys.com or any fraudulent reporting of an unauthorized chargeto KensTrannys.com on Your credit card which has been made by You or anyoneunder Your authority, at a time when a charge or other obligation for paymentfor goods and/or services to KensTrannys.com remains outstanding at thetime of such fraudulent reporting, You shall be liable to KensTrannys.comfor liquidated damages of $25,000.00. The liability for liquidated damagesspecified in this Paragraph shall not limit any other liability You mayhave for breach(es) of any other terms, conditions, promises and warrantiesset forth in this Agreement. |
| 7. | Access to KensTrannys.com may be terminated at any time, and without causeby Company. You agree to be personally liable for all charges incurred byYou during or through the use of KensTrannys.com . Your liability for suchcharges shall continue after termination of Your aces to KensTrannys.comfor any reason. |
| 8. | Subject to the terms and conditions set forth herein, KensTrannys.com herebygrants You a limited, non-exclusive and non-transferrable license to usegraphic files, audio files, video files, text, hyperlinks, interlinks, searchengines, and other software associated with authorized visitor use of KensTrannys.comwhich Company provides ("Materials") during the period in whichYour access to KensTrannys.com is authorized by the Company. You may usethe Materials only in accordance with the terms and conditions set forthherein, only on one computer at a time and, if downloadable copies of theMaterials are made available by KensTrannys.com , You may make only a singlecopy of such Materials for Your personal use and enjoyment. You may notremove any propriety notices from Materials at any time. You may make nouse of Materials not expressly authorized herein or by prior express writtenauthorization from Company. Prohibited uses, include, without limitation:(1) permitting other individuals to directly or indirectly use the Materials;(2) modifying, translating, reverse engineering, decompiling, disassemblingthe Materials (except to the extent applicable laws specifically prohibitsuch restriction); (3) making copies or creating derivative works basedon the Materials except as provided herein; (4) renting, leasing, or transferringany rights in the Materials; (5) removing any proprietary notices or labelson the Materials; and (6) making any other use of the Materials. This licensedoes not grant You any rights to any software enhancements or updates ofany kind. |
| 9. | Except for public domain material or material otherwise licensed to Companyfor electronic dissemination, all Materials displayed at or otherwise availablethrough KensTrannys.com are proprietary, and, except for initial downloading,may not be copied, redistributed, or downloaded, in whole or in part, withoutthe prior written authorization of Company. All editions of KensTrannys.com, and all Materials and other matter used directly or indirectly in, at,by, through and/or with KensTrannys.com are protected by the copyright lawsof the United States, international copyright treaties and other laws andregulations. All rights are reserved. All intellectual property and otherrights in and to the Materials and other matter at KensTrannys.com shallat all times remain in Company, its parent(s), subsidiary(ies), licensee(s)and assign(s). All intellectual property and other rights in and to anyintellectual property content accessed through the Materials is the propertyof the applicable content owner, which may be the Company, its parent(s),subsidiary or subsidiaries, licensee(s) and assign(s), or others, and maybe protected by applicable copyright and/or other laws. The limited andnon-exclusive license granted to You herein grants to You no rights to usesuch content except as set forth herein. This license will immediately terminateautomatically if You fail to comply with the limitations described herein,breach any other provision of this Agreement, cease, for any reason, tobe a visitor in good standing, or are notified of its termination by theCompany or its authorized agent(s). You agree that upon such termination,You will immediately destroy all copies of the Materials in Your possession. |
| 10. | You agree that Materials and all other services provided to You by Companyare provided on an "AS IS" basis, without warranties of any kind,including without limitation the warranties of merchantability, fitnessfor a particular purpose and non-infringement. The entire risk as to thequality and performance of the Materials and all services provided by Companyis borne by You. Should the Materials or any other service provided by Companyprove defective and/or cause any damage to Your computer or inconvenienceto You, You, and not Company, assume the entire cost and all damages whichmay result from any and all such defects. This disclaimer of warranty constitutesan essential part of the Agreement. Some states do not allow exclusionsof an implied warranty, so this disclaimer may not apply to You and Youmay have other legal rights that vary from state to state or by jurisdiction.Under no circumstances and under no cause of action or legal theory, shallCompany, its suppliers, licensees, resellers, or other Visitors, or theirsuppliers, licensees, resellers or Visitors be liable to You or any otherperson for any indirect, special, incidental, or consequential damages ofany character including, without limitation, damages for loss goodwill,work stoppage, computer failure or malfunction, or any and all other commercialdamages resulting from any use of Materials or other use of KensTrannys.com. |
| 11. | Company does not screen or endorse advertisements or communications submittedto KensTrannys.com by third-party licensees, advertisers, or visitors forelectronic dissemination through KensTrannys.com . You are therefore advisedto use your own judgment to evaluate all advertisements and other communicationsavailable at or through the use of KensTrannys.com prior to purchasing goodsand/or services described at KensTrannys.com or otherwise responding toany communication at KensTrannys.com . |
| 12. | Any liability of Company, including without limitation any failure of performance,error, omission, interruption, deletion, defect, delay in operation or transmission,communications line failure, theft or destruction or unauthorized accessto, alteration of, or use of records, whether for breach of contract, tortiousbehavior, negligence, or under any other cause or action, shall be strictlylimited to ten dollars ($10.00). Some states do not allow the limitationor exclusion of liability for incidental or consequential damages, so theabove limitation or exclusion may not apply to You. |
| 13. | Company is not liable for damages resulting from disseminating, failingto disseminate, or incorrectly or inaccurately disseminating any Materials,data, advertisement or other communication at or through KensTrannys.com. |
| 14. | No warranty is made by Company regarding any information, services, Materialsor products provided through or in connection with the KensTrannys.com ,and Company hereby expressly disclaims any and all warranties, includingwithout limitation: 1) any warranties as to the availability, accuracy,or content of Materials, information, products, or services; 2) any warrantiesof merchantability or fitness for a particular purpose. Some states do notallow the exclusion of implied warranties, so the above exclusion may notapply to You. |
| 15. | "KensTrannys.com " is a service mark of of NJ Corp. All rightsare reserved. |
| 16. | All materials included at KensTrannys.com are for the private use by visitorsonly. No other uses are intended by the Company and any other use is strictlyprohibited. |
| 17. | If the Company should at any time provide any service which enables visitorsto communicate with or otherwise share information with other visitors orpersons providing any kind or service to visitors, You agree not to submit,publish, display, disseminate, or otherwise communicate any defamatory,inaccurate, abusive, threatening, offensive, or illegal material while connectedto or otherwise directly or indirectly using KensTrannys.com or other servicesprovided to You by Company. Transmission of such material or any materialthat violates any federal, state, or local law in the United States or anywhereelse in the world, is strictly prohibited and shall constitute a materialbreach of this Agreement entitling Company to immediately terminate allrights to access to KensTrannys.com . You are solely responsible for allinformation which You submit, publish, display, disseminate or otherwisecommunicate through KensTrannys.com even if a claim should arise after terminationof service. If the Company provides any such service described herein, Youagree that all messages and other communications by You shall be deemedto be readily accessible to all other Visitors who are authorized to accessKensTrannys.com and agree that all such messages and other communicationsshall not be deemed to be private or secure. Regardless of whether the Companyprovides any type of service described herein, You agree that You have herebybeen informed and noticed that any and all messages and other communicationswhich You submit to Company directly or through KensTrannys.com can be readby the operators and/or other agents of Company, whether or not they arethe intended recipient(s). |
| 18. | KensTrannys.com is not affiliated with any other company. No inference ofassociation or affiliation with, or endorsement by any company or organizationis intended or should be inferred. |
| 19. | This Agreement contains the entire agreement between You and Company regardingYour use of KensTrannys.com , and all materials directly and indirectlyrelated thereto. This Agreement supersedes all prior written and oral understandings,writings, and representations and may only be amended upon notice by Company.This Agreement shall be governed by and construed under the laws of theState of California and the United States as applied to agreements betweenCalifornia state residents entered into and to be performed within the Stateof California, except as governed by Federal law. The application of theUnited Nations Convention of Contracts for the International Sale of Goodsis expressly excluded. You hereby consent and stipulate to the jurisdictionof the Courts of the State of California and the United States DistrictCourt, Central District of California, Western Division. If any provisionof this Agreement is held to be unenforceable for any reason, such provisionshall be reformed only to the extent necessary to make it enforceable. Unlessotherwise explicitly stated, the provisions of this Agreement shall surviveits termination. |
YOU HEREBY AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS BY CLICKING ON THE JOIN BUTTON AND BY AUTHORIZING THE USE OF YOUR CREDIT CARD FOR PAYMENT OF CHARGES AND FEES FOR GOODS AND/OR SERVICES OBTAINED AT OR THROUGH KensTrannys.com .
CLICK THE JOIN BUTTON TO INDICATE THAT YOU HAVE READ THE MEMBERSHIP AGREEMENT IN ITS ENTIRETY, UNDERSTAND ITS TERMS, CONSENT TO ALL THE TERMS AND CONDITIONS SET FORTH IN THE MEMBERSHIP AGREEMENT, REPRESENT AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF 18 YEARS AND UNDERSTAND THAT MATERIALS PRESENTED AT KensTrannys.com INCLUDE NUDITY, VISUAL AND AUDIO PRESENTATIONS OF SEXUAL SITUATIONS AND ADULT LANGUAGE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, ARE NOT OVER 18 YEARS OF AGE, OR ARE IN AN UNAUTHORIZED DOWNLOADING LOCATION, CLICK THE BACK BUTTON.