Terms and Conditions

Background

PLEASE READ THESE TERMS OF USE CAREFULLY! DESCRIBED BELOW ARE YOUR RIGHTS AND RESPONSIBILITIES AND THEY CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND ONLINE DEVELOPMENTS LLC REGARDING YOUR USE OF THE INTERNET WEBSITE SERVICE MALESERVE.TV. BY USING THE SERVICE, INCLUDING VIEWING CONTENT, YOU AS AN INDIVIDUAL AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT BETWEEN YOU AND ONLINE DEVELOPMENTS LLC (WHETHER OR NOT YOU CHOOSE TO BECOME A MEMBER). YOUR ACCESS TO AND USE OF MALESERVE.TV IS EXPRESSLY CONDITIONED ON YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS.

1. DEFINITIONS AND INTERPRETATION

In this Agreement the following terms shall have the following meanings:

"Account"
means collectively the personal information, payment information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;
"Content"
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
"Free Content"
means any Content that is accessible without the payment of a Subscription Fee;
"Online Developments LLC"
means Online Developments LLC trading as Maleserve.TV of 51-02 21st St, Long Island City, NY, 11101;
"Paid Content"
means Content accessible only upon the creation of an Account and the payment of a Subscription Fee;
"Service"
means collectively any online facilities, tools, services or information that Online Developments LLC makes available through the Web Site either now or in the future;
"Subscription Fee"
means a one-off sum of money paid by Users to activate their Account and to enable them to access Paid Content. This payment may be repeated to activate subsequent subscriptions without limitation;
"Subscription Period"
means the Paid Content viewing time for which a subscription has been purchased;
"System"
means any online communications infrastructure that Online Developments LLC makes available through the Web Site either now or in the future.
"User" / "Users"
means any third party that accesses the Web Site and is not employed by Online Developments LLC and acting in the course of their employment; and
"Web Site"
means the website that you are currently using (www.maleserve.tv) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2. PARTIES TO THIS AGREEMENT AND CONSIDERATION.

The parties to these Terms and Conditions (the "Agreement") for the Web Site are you, the User, and Online Developments. As used in this Agreement, the terms "we," and "us" are used interchangeably to refer to Online Developments and the Web site; the term "You" and "Your" is used to refer to You, the User.

  1. You agree that this Agreement is subject to change by Online Developments at any time and changes shall become effective upon notice to Users by e-mail, posting at or via hyperlink to the Web Site, or by mail. You may not alter, delete, add or change or edit any of these terms and conditions, and any such attempted alteration shall be void and of no effect.
  2. You agree any action on Your part to bookmark to a page on this Web Site whereby the Warning Page, the Age Verification Page, and/or the Terms and Conditions Page is bypassed shall constitute an implicit acceptance by You of all the Terms and Conditions set forth herein as well as an explicit acknowledgement by You of the fact that You are an adult and at least 18 years of age or of the age of majority under the laws of Your state, province or country.

3. SEXUALLY EXPLICIT MATERIAL.

  1. All Content, contained at the Web Site are intended for distribution exclusively to consenting adults in locations where the Content does not violate any community standards or any federal, state or local law or regulation of the united states or any other country. No persons under the age of eighteen (18) years (twenty-one (21) in places where eighteen years is not the age of majority) may directly or indirectly view or possess any of the contents of the website or place any orders for any goods or services advertised at or in the Web Site.
  2. You hereby acknowledge and represent that You know and understand that the materials presented at, and/or downloadable from, the Web Site include explicit visual, audio, and/or textual depictions of nudity and sexual activities, including without limitation, heterosexual, bi-sexual, homosexual, and transsexual activities of an explicit sexual nature; that you are familiar with materials of this kind; that you are not offended by such materials; and that by agreeing to these terms and conditions you are warranting to Online Developments that you are intentionally and knowingly seeking access to such explicit sexual materials for your own personal viewing.

4. AGE OF MAJORITY.

  1. No persons under the age of eighteen (18) years (twentyone (21) in jurisdictions where eighteen (18) years is not the age of majority) may directly or indirectly view or possess any of the material or place any orders for any goods or services advertised at, in or through the Web Site.
  2. You hereby further affirm and warrant that you are currently over the age of eighteen (18) years (twentyone (21) in places where eighteen (18) years is not the age of majority) and are capable of lawfully entering into and executing the terms of this agreement.

5. GRANT OF LIMITED LICENSE WITH RESERVATIONS.

  1. In consideration of certain representations and agreements made by You under the terms and conditions of this Agreement, and subject to the terms and conditions set forth in this Agreement, Online Developments hereby grants You a limited, nonexclusive and nontransferable license to use the Content contained in, or made available through this Web Site solely for Your private personal non-commercial use, as provided by Online Developments during the period in which You are a User in good standing.
  2. You acknowledge and agree that all Content contained at the Web Site is proprietary and constitute valuable intellectual property owned by Online Developments or others who have licensed use of such Content to Online Developments. You acknowledge and agree that as such You may access, view, download, receive and otherwise use the Content available at the Web Site only as specifically authorized by Online Developments and with funds available in Your Wallet, only on one computer at a time and, if downloadable copies of the Content are made available to You by the Web Site, You may make only a single copy of such Content for Your own personal noncommercial use and enjoyment. You further acknowledge that Online Developments specifically prohibits you from doing any of the following acts, and you agree not to do any of these prohibited acts:
    1. permitting other individuals to directly or indirectly use the Content;
    2. modifying, translating, reverse engineering, decompiling, disassembling the Content (except to the extent applicable laws specifically prohibit such restriction);
    3. making copies or creating derivative works based on the Content, except as provided herein;
    4. renting, leasing, or transferring any rights in the Content;
    5. removing any proprietary notices or labels on the Content; and,
    6. making any other use of the Content not expressly permitted herein.
  3. You further represent and warrant to Online Developments that your agreement to these terms and conditions constitutes an agreement that You shall not access, or attempt to access, any Content available at the Web Site in a manner not expressly authorized by Online Developments. 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 Content, directly or indirectly in places which Online Developments does not authorize such access, viewing, downloading, receipt or other use.
  4. You hereby acknowledge that you understand that Online Developments (and all persons affiliated therewith) does not authorize the accessing, viewing, downloading, duplication, receiving, transmission, broadcasting or other use of the Content contained on the Web Site to or by any person, INCLUDING YOU, who is located in any of the areas designated as PROHIBITED AREAS.
  5. You further acknowledge that you understand and agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of Content from the Web Site, in which You are directly or indirectly involved, including, but not limited to accessing, viewing, downloading, receiving or other use of Content in PROHIBITED AREAS in any manner shall constitute intentional infringement(s) of Online Developments' and potentially others' intellectual property rights and other rights in such Content and shall further constitute a violation of Online Developments' trademark and other rights, including, but not limited to, rights of privacy.

6. PROHIBITED AREAS.

All of the following areas constitute PROHIBITED AREAS from which no part of the Web Site may be accessed, viewed, downloaded or otherwise received:

  1. 6.1 All parts of the following countries: Afghanistan, Germany, Kuwait, Iran, Iraq, Japan, Jordan, Libya, Pakistan, The Peoples' Republic of China, Singapore, Saudi Arabia, Syria, The United Arab Emirates; and
  2. 6.2 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 Web Site would constitute a violation of any law, regulation, rule or custom.

7. INDEMNIFICATION FOR UNAUTHORIZED USE OF PROPRIETARY MATERIALS.

You agree to be personally liable and fully indemnify Online Developments, its employees, agents, attorneys, and its successors and assigns for any and all damages directly, indirectly and/or consequentially resulting from any attempted or actual unauthorized downloading or other duplication of Content from the Web Site by You alone, or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of Content from the Web Site, including attorney's fees.

8. USER'S WALLET; FEES; CANCELLATION.

  1. You are required to pay a Fee on the date that you open your Wallet. Your credit / debit card or bank account will be charged each time You request to have additional funds added to your Wallet.
  2. Your first payment will be based upon the price advertised on the Web Site. Online Developments reserves the right to change Fees from time to time and any such changes may affect the price of the Paid Content on the Web Site. Online Developments reserves the right to make any special offers to particular Users as deemed appropriate by Online Developments, in its sole discretion.
  3. For further information on the Wallet and pricing, please visit the Top Up page.
  4. You acknowledge and agree that you may forfeit funds in your Wallet if there is no activity in your Account for a period of ninety (90) consecutive calendar days.
  5. If You terminate your Account You will continue to have access to the Paid Content for as long as there is a positive balance in Your Wallet. Once fees are paid into Your Wallet, such payments are non-cancelable, and the fees paid non-refundable.
  6. If You believe you have been billed in error you must inform Online Developments within 24 hours of the transaction and must not use the Web Site or its Content during that time in order to receive a full refund. If any substantial use can be traced through your Account, Online Developments reserves the right to refuse a refund. In such circumstances You will continue to have access to the Paid Content for as long as Your Wallet has a positive balance.
  7. You hereby authorize Online Developments to charge Your credit card (which You hereby acknowledge was entered by You into the sign-up page) to pay for funds deposited in your Wallet. You agree to be personally liable for all charges incurred by You during or through the use of Web Site. Your liability for such charges shall continue after termination of Your Account.

9. TRANSFER OR ASSIGNMENT OF WALLET.

  1. You agree that as a User of the Web Site You shall not, under any circumstances, have the right to transfer or assign your Wallet to any other person or entity, and that any attempted transfer or assignment of a Wallet shall be void.
  2. You further agree that Online Developments, may at any time at its sole discretion and without prior notice to you, transfer or assign Your Wallet to an affiliated or non-affiliated company.

10. PAYMENT AUTHORIZATION / NOTICE OF LOST OR STOLEN CARD/ FRAUDULENT USE OF CARD.

  1. Payment for the services provided to You at, and/or through Web Site may be made by automatic credit card debit and You hereby authorize Online Developments and its agents to transact such payments on Your behalf.
  2. You further agree that as a User, You must promptly inform Online Developments of any and all the following: loss or theft of the credit card used with your Account or other goods or services obtained in, at or through the Web Site; changes in the expiration date of the credit card; changes in home or billing address; apparent breaches of security regarding Your Account, such as loss, theft, unauthorized disclosure or use of an ID or password; and all other changes pertaining to Your credit card account used to pay for services pursuant to this Agreement which may affect Online Developments' ability to expeditiously obtain payments due to Online Developments. You agree that You will remain liable for any unauthorized use of Web Site or any of its services associated with your Account, until You have notified Online Developments' Customer Service by electronic mail at support@maleserve.tv or by conventional mail at MaleServeTV of 250 West 54th Street, Suite 501, New York, New York 10 019 USA.
  3. You hereby agree that any fraudulent reporting of a lost or stolen credit card used to obtain goods or services from Web Site or any fraudulent reporting of an unauthorized charge to Web Site on Your credit card which has been made by You or anyone under Your authority, at a time when a charge or other obligation for payment for goods and/or services to Web Site remains outstanding at the time of such fraudulent reporting, You shall be liable to Online Developments for liquidated damages of $25,000.00. The liability for liquidated damages specified in this Paragraph shall not limit any other liability You may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement.
  4. You further acknowledge and agree that You will remain liable to Online Developments for any unauthorized use of the Web Site associated with Your Account.

11. TERMINATION OF ACCOUNT.

  1. Either Online Developments or You may terminate Your Account. If Online Developments terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate Your Account without giving reasons as a result of your breach of these Terms and Conditions, in which case You will not be entitled to a refund of any funds in your Wallet.
  2. If Online Developments terminates your Account, You will cease to have access to Paid Content from the time of termination.

12. PASSWORD SECURITY.

Users are responsible for providing all personal computer and communications equipment necessary to gain access to the Web Site. Access to and use of the Web Site is through the use of a password. Each User must keep his password strictly confidential and You agree that if You share Your unique Login name and/or Your Password with another individual that Your access to the Web Site is subject to immediate termination without notice or reimbursement of any kind.

13. NO WARRANTIES; LIMITATIONS ON COMPANY'S LIABILITY.

  1. You hereby agree that the Content, and all other services provided to you by Online Developments, are provided on an "as is" basis, without warranties of any kind, including, without limitation, the availability, accuracy, or content of materials, information, product or services, and the warranties of merchantability, fitness for a particular purpose and non-infringement, and Online Developments expressly disclaims such warranties. the entire risk as to the quality and performance of the content, and all services provided by Online Developments, is borne exclusively by you. should the material, or any other service provided by company, prove defective and/or cause any damage to your computer or inconvenience to you, you, and not Online Developments, assume the entire cost and all damages which may result directly and indirectly from any and all such defects. this disclaimer of warranty constitutes an essential part of the agreement. some states do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may 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, shall Online Developments, its suppliers, licensees, resellers, or other members or users of the web site, or their suppliers, licensees, or resellers be liable to you or any other person for any indirect, special, incidental or consequential damages of any kind whatsoever including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages resulting from any use of materials or other use of the website.
  2. Any liability of Online Developments, 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 access to, alteration of, or use of records, whether for breach of contract, tortious behavior, negligence, or under any other cause or action, shall be strictly limited to the amount of the fees paid by, or on behalf of, user to Online Developments for the preceding thirty (30) days. some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. Online Developments is not liable for damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any material, data, advertisement or other communication at or through the website.

14. NO SCREENING OF THIRD PARTY CONTENT/LIMITATION OF LIABILITY.

  1. You acknowledge that You understand that Online Developments does not screen or endorse the Content of any advertisements or communications submitted to or posted on the Web Site by third-party licensees, advertisers, Users of the Web Site or other persons, nor does Online Developments exercise any editorial control, prior screening or supervision over such Content. Users are therefore advised to use their own judgment to evaluate all advertisements and other communications available at or through the use of the Web Site prior to purchasing goods and/or services described at the Web Site or otherwise relying on or responding to any communication or information posted on, or accessed through the use of the Web Site.
  2. Links To Third-Party Sites. You might access some of the Content of the Web Site via hyperlinks that will connect You to third parties, or to third-party websites that may provide Content to the Web Site. Those linked websites are not under the control of Online Developments and Online Developments has no editorial control or supervision over selection or display of the Content provided by those third parties or those third-party websites. Online Developments is providing You links to those third-party websites only as a convenience, and the inclusion of any link on Online Developments' Web Site does not imply endorsement by Online Developments of any other website or the Content of any such website. The owners and operators of all third-party websites are solely responsible and liable for the Content they provide to You.
  3. The following is a partial list of the kind of activity that is illegal or prohibited on the Web Site and through Your use of the Web Site. Online Developments reserves the right to investigate and take appropriate legal action against anyone who, in Online Developments' sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
    criminal or tortious activity, including child pornography, fraud, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
    advertising to, or solicitation of, any User to buy or sell any products or services through the Web Site. You may not transmit any chain letters or junk email to other Users. It is also a violation of these rules to use any information obtained from the Web Site in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect Users from such advertising or solicitation, Online Developments reserves the right to restrict the number of emails which a User may send to other Users in any 24-hour period to a number which Online Developments deems appropriate in its sole discretion. If You breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Web Site, you acknowledge that you will have caused substantial harm to Online Developments, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Online Developments $50 for each such unsolicited email or other unsolicited communication you send through the Web Site;
    any automated use of the system, such as using scripts to send or post messages;
    interfering with, disrupting, or creating an undue burden on the Web Site or the networks or services connected to the Web Site;
    attempting to impersonate another User or person;
    using the account, username, or password of another User at any time or disclosing Your password to any third party or permitting any third party to access Your Account;
    selling or otherwise transferring any part of your Account;
    using any information obtained from the Web Site in order to harass, abuse, or harm another person;
    using the Web Site in a manner inconsistent with any and all applicable laws and regulations.

15. TRADEMARK AND SERVICE MARK.

The name of this website is a service mark of Online Developments. No use of this mark shall be permitted except through the prior written authorization and permission of Online Developments. All rights reserved.

16. AUTHORIZATION AND PERMISSION TO SEND SEXUALLY-ORIENTED COMMERCIAL EMAILS TO YOU.

You hereby authorize and permit notices, advertisements, e-mail and other communications to be sent to You from Online Developments 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 explicit sexual Content and language and images of nudity or explicit sexual conduct. Moreover, You agree that Your authorization and permission to Online Developments to send You such materials and communications shall continue to be in effect unless and until You notify Online Developments that You wish to be deleted from Online Developments' email list.

17. OPT-OUT AND CANCELLATION PROVISIONS.

At any time, You may opt out of future e-mailings and cancel Your receipt of future sexually-oriented e-mailing from Online Developments by clicking the unsubscribe link at the bottom of each e-mail.

18. NOTICES TO COMPANY OR MEMBERS.

  1. Notices from the Web Site to Users may be given by means of electronic messages, by general posting on the Web Site, or by conventional mail. Communications from You to Online Developments may be made by electronic messages or conventional mail, unless otherwise specified in the Agreement.
  2. All notices to Online Developments shall be sent by electronic mail to support@maleserve.tv or by convention mail to: MaleServeTV of 250 West 54th Street, Suite 501, New York, New York 10 019 USA

19. VENUE AND JURISDICTION, CHOICE OF LAW, ARBITRATION.

  1. This Agreement shall be governed by and construed under the laws of the State of New York and the United States as applied to agreements between Nevada state residents entered into and to be performed within the State of New York, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
  2. Any and all disputes as to the interpretation of or any performance under these Terms and Conditions which are not first resolved informally, shall be determined by binding arbitration in New York City, New York, in accordance with the rules of the American Arbitration Association. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the State of New York and the United States.

20. UNENFORCEABILITY OF PROVISIONS.

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.

21. AFFIRMATION OF AGREEMENT.

By joining this website, you hereby acknowledge and affirm that you have read this entire agreement and that you AGREE to all its terms and conditions by and by authorizing the use of Your credit card for payment of charges and fees for funds added to your Wallet and for any other charges which You may incur for goods or services ordered at or in association with the Web Site.

22. PRIVACY POLICY.

You hereby affirm that you have read, understand and acknowledge our Privacy Policy.

23. ENTIRE AGREEMENT.

This Agreement contains the entire agreement between the User and Online Developments regarding Users' use of the Web Site, and all materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by Online Developments.