:: The Whack :: Terms and Conditions

TheWhack.com Terms and Conditions:
ACCESS TO MINORS IS STRICTLY PROHIBITED.
You must be at least 18 years old to use this free service.
Do not proceed if you are under 18 years old!

LEGAL NOTICE: PLEASE READ ALL THE PROVISIONS OF THIS MEMBERSHIP AGREEMENT CAREFULLY. YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS WILL CONSTITUTE A BINDING AND ENFORCEABLE AGREEMENT BETWEEN YOU AND THE WEBSITE ONCE A VALID EMAIL IS SENT. By joining, you become a Subscriber and are entering into a binding and enforceable contract with TheWhack.com, doing business with The Whack and you ("Member"; "Subscriber"; "You"; "Your") agree to be bound by these Terms and Conditions the "Agreement". This agreement is subject to change at any time, and changes may be effective without notice upon each Subscriber.

As a Subscriber you are not required to pay membership fees in order to gain access to the Site. Upon joining the Site, we will mail you a password which will verify your email address. By becoming a Subscriber you request a subscription to the service ("Subscription") and agree to receive additional adult promotional material/newsletters by e-mail. At any time you may opt out of future mailings and cancel your subscription by clicking the unsubscribe link at the bottom of each e-mail.

AGREEMENT TO VIEW ADULT MATERIAL - The Site is designed and intended solely for consenting adults - people 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 who is 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 subscribing 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 the Site, I will be exposed to visual images, verbal descriptions and audio sounds of a sexually oriented, 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 judgment, 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."

GRANT OF LIMITED LICENSE WITH RESERVATIONS - You acknowledge and agree that all materials contained at the Site are proprietary and constitute valuable intellectual property owned by the Site or its administrator ("Company") or others who have licensed use of such materials to the Company. You acknowledge and agree that as such you may only access, view, download, receive and otherwise use the materials available at the Site only as authorized by the Company. You acknowledge that you understand that the Company does not authorize access to any part of the Site in any manner contrary to the express provisions of this Agreement.

You further represent and warrant to the Company that your agreement to these terms and conditions constitutes an agreement that you shall not access, or attempt to access any materials available at the Site in a manner not expressly authorized by the Company. You agree and warrant 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 which the Company does not authorize such access, viewing, downloading, receipt or other use.

You hereby acknowledge that you understand that the Company does not authorize the accessing, viewing, downloading, duplication, receiving, transmission, broadcasting or other use of the materials contained on the Site to or by and person, INCLUDING YOU, who is located in any of the areas designated as PROHIBITED AREAS below.

You further acknowledge that you understand and agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of materials from the Site, in which You are directly or indirectly involved, including, but not limited to accessing, viewing, downloading, receiving or other use of materials in PROHIBITED AREAS in an manner shall constitute intentional infringement(s) of the Company's and potentially others' intellectual property rights and other rights in such materials and shall further constitute a violation of Company's trademark and other rights including, but not limited to rights of privacy. Access to the Site is provided for personal, non-commercial use by Subscribers of the Site. Subscribers to the Site are hereby granted a single copy license to download (on a single computer only) or print copies of 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 there from; or transfer any material located on the Site. The Site reserves the right to terminate this license at any time if you breach the terms of the Agreement, in which case you will be obligated to immediately destroy any information downloaded, printed or otherwise copied from the Site.

PROHIBITED AREAS - All of the following areas constitute PROHIBITED AREAS from which no part of the Site may be accessed, viewed, downloaded or otherwise received: All parts of the United States of America corresponding to the entire areas corresponding to United States Postal Service zip codes commencing with any of the following three digits: CLICK HERE TO VIEW RESTRICTED ZIP CODES.

All parts of the following countries: Afghanistan, Germany, Kuwait, Iran, Iraq, Japan, Jordan, Libya, Pakistan, The Republic of China, Singapore, Saudi Arabia, Syria, The United Arab Emirates; as well as: All parts of every other geophysical place corresponding to a political entity or part thereof in which the access, viewing, downloading, dissemination of, or other use of the materials contained in the Site would constitute a violation of any law, regulation rule or custom.

MEMBERSHIP - Access to and use of the Site is through a combination of login username and a password ("Login"). Each Subscriber must keep his or her Login strictly confidential. Subscriptions are not transferable. Violations will result in immediate suspension of service for security reasons. The Site will not release personally identifying information to third parties, except in cases where the Site may be seeking to enforce theses terms and conditions or any of its rights or as may be required by law or court order. Unauthorized access to the Site is a breach of this Agreement and a violation of law. Subscribers must provide their own equipment and Internet access to enter the Site; we are not liable for network outages or interruptions. Subscribers agree that the Site is not liable for improper or unauthorized use.

E-MAIL USE - As a Subscriber you authorize The Whack to send newsletters or discount prices to gay pay-sites (The Whack is one of the only gay sites giving discounts). Which you may unsubscribe from at any time with no obligations. We honor all unsubscribed emails almost instantly, we dont like recieving spam email anymore then you do.

AUTHORIZATIONS AND PERMISSION TO SEND EMAILS TO YOU - You hereby authorize and permit notices, advertisements, E-mail and other communications to be sent to you from the Company or its authorized agents, assigns, representatives, advertisers and contractors by means of e-mail, including without limitation e-mails, advertisements, notices and other communications containing adult oriented material, sexual content and language and images of nudity but suitable for minors. Moreover, you agree that your authorization and permission to the Company to send you such materials and communicate shall continue to be in effect unless and until you notify the Company that you wish to be deleted from the Company's email list. Don't freak out, this is just to scare you, we won't spam email you. The subscriber 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. Thank you for taking the time to read this agreement, now welcome & enjoy the free members section!

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