Barbie Baja is an online subscription service (the "Service")
owned and operated. GND Productions.. Please carefully read and understand
these Terms and Conditions prior to becoming a subscriber to the Service,
as they constitute a binding legal agreement (the "Agreement")
by and between GND Productions and persons who elect to become subscribers
to the Service (the "Subscribers").
1. As a Subscriber to the Service, you agree to be bound by each and
every provision contained in this Agreement (the "Agreement").
This Agreement may be modified or amended by GND Productions at any
time, and changes are effective upon notice to each Subscriber. Notices
by GND Productions to Subscribers may be given via electronic messages
through the Service, a posting on the Service, or by mail.
2. Subscribers will be charged a subscription fee for the Service,
in accordance with GND Productions then-current billing terms. Except
as otherwise provided herein, subscription fees are non-refundable.
3. Until such time as this Agreement is terminated in accordance with
its provisions, Subscriber agrees to pay his/her/its subscription fee
by credit card (or other approved facility or mechanism), and hereby
authorizes GND Productions to charge Subscriber's credit card (or other
approved facility or mechanism) for the ongoing subscription fee, and
for any and all purchases or products and/or services purchased by Subscriber
from the Service.
4. Subscriber agrees to immediately inform GND Productions of any of
the following changes in his/her/its credit card account: Card loss
or theft, or unauthorized usage of the card; apparent breach of security
of Subscriber ID or password, such that unauthorized access to the Service
via the card is possible. Unless Subscriber gives proper notice to GND
Productions of same, Subscriber will remain liable to GND Productions
for any and all charges for unauthorized use of the Service.
5. Subscriber's subscription to the Service will be automatically renewed
for the original term upon expiration of such term, unless GND Productions
is notified via our online Customer Service Area at gndprod@net-member.com 7 days prior to membership expiration. This is subject to two exceptions:
GND Productions 3 DAY trial memberships will renew to a full membership
at midnight of the Join Day. 3 Day Trial Subscriptions will not be
renewed if subscriber cancels before the designated cancel time and
can provide proof of such cancellation via cancellation confirmation
number. We recommend that trial subscriptions be cancelled prior to
trial end in order to prevent unwanted rebills. (Users will still
have access for the full trial, regardless of time of cancellation)
GND Productions 3 DAY trial memberships will renew to a full membership
48 hours after signup. Membership will not be renewed if subscriber
cancels within initial 48 hours and can provide proof of such cancellation
via cancellation confirmation number. 3 Day Trial memberships MUST
be cancelled within the initial 48 hour period to avoid further billing.
Cancellation for trail and full membership may ONLY be accomplished
via the online GND Productions Customer Service Website. You may access
this website by going to gndprod@net-member.com . This service is available 24 hours a
day, seven days a week. Upon cancellation of your account, you will
receive a Cancellation Confirmation Number for your records.
6. Subscription to the Service may be terminated at any time, and
without cause, by GND Productions upon notification to the subscriber
by electronic or conventional mail, or by telephone.
7. GND Productions has no responsibility for supplying Subscribers
with computer equipment or communications connections necessary to access
the Service. Subscribers are solely responsible for these items.
8. Upon becoming a Subscriber to the Service, GND Productions will
provide the Subscriber with a unique ID and password which allows access
to the Service. The ID and password is issued by GND Productions in
the form of a revocable license and remain the property of GND Productions
and constitute proprietary information and are the property of GND Productions.
IDs and passwords are non- transferable. Each Subscriber must keep his
password strictly confidential. Remember your password! For security
reasons, GND Productions will not release passwords for any reason,
except as may be specifically required by law or court order. Transfer
of any ID or password to another person or entity, or allowing any person
or entity other than the Subscriber to access the Service via such Subscriber's
ID and password is strictly prohibited, and is a breach of this Agreement
and a violation of law. Each account (username) is limit to no more
than 10 logins a day over a 24 over hour period. The said period lasts
from 12:00 midnight EST to 12:00 midnight EST
9. Subscriber hereby swears and affirms under oath, warrants and represents
that he/she is at least eighteen (18) years of age (21 in some jurisdictions)
and has the legal capacity to enter into agreements of this nature.
GND Productions makes no representation or warranty that the content
published on Summernyte complies with the local laws of your jurisdiction.
You are solely responsible for knowing and understanding your local
laws concerning standards of content legality for purposes of obscenity
laws. You further represent and warrant that you understand the nature
of the content published on, Summernyte namely, sexually explicit materials,
and that you voluntarily and knowingly choose to view such material,
and that such material does not offend or vex your sensibilities. Should
you be unable to affirmatively make the representations and warranties
contained herein, do NOT subscribe to this Service.
10. Under no circumstances, including, but not limited to, negligence,
shall GND Productions or any of its related, affiliated companies be
liable for any direct, indirect, incidental, special, consequential
or punitive damages that result from the use of, or the inability to
use the Service. Subscriber specifically acknowledges and agrees that
GND Productions is not liable for any defamatory, offensive or illegal
conduct of any user, or for any failure of performance, error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access
to, alteration of or use of records, whether under contract or tort
theory, or under any other cause of action, for any amount over and
above the amount paid by Subscriber to GND Productions for the preceding
twelve (12) months.
11. GND Productions MAKES NO WARRANTIES OR REPRESENTATIONS
AS TO THE INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION
WITH THE SERVICE. SUBSCRIBER'S USE OF THE SERVICE IS AT HIS/HER OWN
RISK. GND PRODUCTIONS, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING,
OR DELIVERING THE SERVER OR CONTENT, IS LIABLE FOR ANY DIRECT INCIDENTAL,
CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING FROM YOUR ACCESS
TO, USE OF, OR INTERPRETATION OF, THE SERVICE OR PRODUCTS OR SERVICES
OR INFORMATION PROVIDED BY OR THROUGH THE SERVICE. WITHOUT LIMITING
THE FOREGOING, GND PRODUCTIONS MAKES NO WARRANTY OF MERCHANTABILITY,
FITNESS FOR ANY PURPOSE, OR NON- RESULTS OF THE USE OF THE CONTENT IN
TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
12. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY
NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS
REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
13. Subscriber agrees to indemnify and hold harmless GND Productions,
Summernyte, their officers, directors, managers, members, agents and
employees from any against any claims, losses, liabilities or expenses
(including reasonable attorneys' fees) arising out of Subscriber's breach
of any term, condition or promise contained herein. Should any such
claim for indemnification arise, or should any action be brought by
Subscriber or GND Productions relating to any services or products offered
by or through the Service, Subscriber agrees to submit to the personal
jurisdiction of the courts of the State of Ohio.
14. Except for public domain material and electronic messages, all
material displayed on the Service is copyrighted by GND Productions,
or is licensed under copyright by GND Productions, and may not be copied,
redistributed, or downloaded, in whole or in part, without the prior
written consent of. GND Productions
15. The Service is for the private, non- commercial enjoyment of Subscribers
only. Any other use is prohibited.
16. The Service enables Subscribers to share information with other
Subscribers. Subscribers agree not to submit, publish, or display on
the Service any defamatory, inaccurate, abusive, threatening, racially
offensive, or illegal material. Transmission of such material that violates
any federal, provincial or local law, is prohibited and is a breach
of this Agreement.
17. Subscribers agree not to engage in advertising to, or solicitation
of other Subscribers to buy or sell any products or services through
the Service without prior written consent. Subscribers are responsible
for information they send, or display through the Service even if a
claim should arise after termination of service.
18. There are no facilities provided by the Service for sending or
receiving private or confidential electronic communications. All messages
shall be deemed to be readily accessible to the general public. Do not
use the Service for any communication for which the sender intends only
the sender and the intended recipient(s) to read. Subscriber hereby
acknowledges and agrees that all messages entered into this Service
can and may be read by the operators of the Service, whether or not
they are the intended recipient(s).
19. Notices by GND Productions 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.
All questions, complaints, or notices to GND Productions
by means of electronic message must be directed to webmaster2k2@gndprod.com
All questions regarding new GND Productions membership
by means of electronic message should be sent to gndprod@net-member.com
20. This Agreement sets forth the full and complete
understanding between Subscriber and GND Productions with respect to
its subject matter, and supersedes all prior understanding or agreements,
whether written or verbal. This Agreement may be modified upon notice
by GND Productions to its Subscribers. Unless contrary to law or otherwise
stated, each provision of this Agreement shall survive termination.
This Agreement shall be governed by, and construed in accordance with,
the laws of the State of Ohio for contracts entered into and wholly
performed within that State. The prevailing party in any suit to enforce
the terms hereof shall be entitled to recover his/her/its reasonable
attorneys' fees.
21.Subscriber understands and agrees that GND Productions may provide
Subscriber’s email address to others and that Subscriber may receive
email offers resulting there from.
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