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Terms of Service
MEMBER USER AGREEMENT You must read and agree to these Terms and Conditions before you can join MiasmaOfMusings.com. Please read them carefully. By obtaining a Membership with MiasmaOfMusings.com, you agree to be bound by the following Terms and Conditions: I certify that I am 18 years of age or over and am permitted by law to view adult materials and I understand that the content of these sites is of an adult nature. I certify that if I post any images, said images will be only of myself at an age at which I was 18 years of age or older. When posting images of other, those images are of people 18 years of age or older and said images are public domain only and not under any copyright agreement. Images may be used under Fair Use as well, but said images must be altered and or credited to the original copyright holder. I certify that I am viewing the sites from a private location in which the general public does not have access. I certify that my membership will be used for my own personal enjoyment and that I will not share, resell or transfer my membership nor will I provide my username or password to any third party. BOOKMARKING INTERIOR PAGES Bookmarking to a page on MiasmaOfMusings.com whereby the non-member page(s) and/or Terms and Conditions are bypassed shall constitute an implicit acceptance of the Terms and Conditions herein and an explicit acknowledgment of age of majority. NON-COMMERCIAL LICENSE FOR PERSONAL USE ONLY Commercial use of ANY material on MiasmaOfMusings.com by a member, except those images solely uploaded by member, is strictly prohibited. You may not modify any graphic, content or other materials on the site. You are STRICTLY PROHIBITED from publicly displaying any material from the site and from reselling any graphic, content or image, whether static of live, found on the site unless submitted solely by you. By obtaining a membership, you are being granted only a non-commercial license to personally view the content in question. No right to remove, modify or alter any copyright or trademarks or transfer any material located on the site to any other person is being granted. MiasmaOfMusings.com reserves the right to terminate this license AT ANY TIME without cause. COPYRIGHT All materials on this site are copyrighted. The materials on the site may not be reproduced, copied, edited, published, transmitted or uploaded in any way without written permission. Except as expressly stated in the limited license provision of these Terms and Conditions, obtaining a Membership does not grant any express or implied right to you under any trademarks, copyrights or other proprietary information. MEMBERSHIP FEES There is no fee to join for a "Basic Membership". Donations are welcome. Please contact admin at: admin@miasmaofmusings.com For more information on where to send funds. SECURITY MiasmaOfMusings.com takes every precaution to protect our users' information. When users submit sensitive information via the website, your information is protected both online and off-line. When our registration/order process asks users to enter sensitive information (such as a credit card number), that information is encrypted and is protected with the best encryption software in the industry - SSL. While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user information off-line. All of our users' information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example a billing clerk or a customer service representative) are granted access to personally identifiable information. BILLING INFORMATION We do NOT sell, share or give away any information regarding your credit card or other payment source. We do use a third party to process your membership payments, but neither that party nor ourselves provides such information to any third party. We reserve the right to provide such information to any law enforcement officials that make a legally binding request for said information. AUTOMATIC RENEWAL/CANCELLATION Your membership to MiasmaOfMusings.com will continue until you cancel it or are terminated as a member for violating these terms and conditions. If you wish to cancel your membership, you must use the “Cancel” button on our Contact page. Any cancellation will occur following the previously paid billing period. There are no refunds of membership fees. AMENDMENTS MiasmaOfMusings.com reserves the right, in its sole discretion, to amend, modify or change any and all parts of these Terms and Conditions without cause. Any such changes shall be effective immediately upon implementation. Your continued use of MiasmaOfMusings.com for which you have a membership shall constitute your acceptance of any such changes. If you do not accept any such changes, you should terminate your membership immediately. TERMINATION/CANCELLATION This site retains the right to terminate any Membership for any reason at any time. Members of the site may terminate their membership at any time by contacting customer service. ACCESS As a Member, you are responsible for providing all necessary computer and communications equipment to gain access to the site. AGREEMENT TO VIEW ADULT MATERIAL The content of MiasmaOfMusings.com is intended for the personal use of ADULTS ONLY. To obtain a membership, you MUST be at least 18 years old unless your country or state has a different age limit. You must check your jurisdiction to determine the age limit required for viewing adult content. The materials available within MiasmaOfMusings.com may include graphic visual depictions, descriptions of nudity and sexual activity posted by other members. This material should NOT be accessed by anyone who is not of sufficient age for their jurisdiction or who does not wish to be exposed to such materials. By obtaining a Membership you are certifying that: "Under penalty of perjury, I swear/affirm that as of this moment, I am an adult, at least 18 years of age or older if my jurisdiction requires it. I will not permit any minor to have access to any of the materials contained within this site. I understand that when I gain access to this site, I will be exposed to visual images, verbal descriptions and audio sounds of a sexually oriented nature, which may include graphic visual depictions and descriptions of nudity and sexual activity. I am voluntarily choosing to do so for my own personal enjoyment, information or education. My choice reflects my interest in sexual matters, which is generally shared by average adults in my community in my experience. 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." DISCLAIMER: All materials on MiasmaOfMusings.com are provided “as is.” This site offers no assurances or guarantees, whether expressed or implied, that the sites or links on the sites will be active at all time or error free. No warranty of merchantability, whether express or implied, is made by this site regarding the site. Should any member seek to recover monetary damages from this site in regard to any service provided on a site including, but not limited to, issues regarding membership, the parties to this Agreement specifically agree that said recovery shall be limited to an amount equal to any amount actually paid by you for the month preceding the filing of any complaint. All opinions are those of the users and not meant to represent the ideas and opinions of MiasmaOfMusings.com or those of the owners. JURISDICTION This Agreement, and any dispute arising from your viewing this site, will be governed and determined by the laws of California excluding any laws that direct the application of another jurisdiction’s law. Any dispute that arises under or relates to this Agreement (whether contract, tort, or both) will be resolved in the relevant court having jurisdiction in Stockton, California, and the parties expressly waive any right they may otherwise have to cause any such action or proceeding to be brought or tried elsewhere. SEVERABILITY Any provision of this Agreement that in any way contravenes the law of any state or country in which this Agreement is effective will, in that state or country, to the extent the law is contravened, be considered separable and inapplicable and will not affect any other provision or provisions of this Agreement. Any and all questions regarding these Terms and Conditions should be submitted to: admin@MiasmaOfMusings.com
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