User Terms & Conditions

ARLYNOIR.COM User Terms and Conditions

ARLYNOIR.COM (the "Portal")

Last updated December 20, 2018

You must read and agree to these Terms and Conditions before you can use the Portal. By purchasing a Membership or using Portal you become a User and thus agree to be legally bound by these Terms and Conditions (the "Agreement") between you and ARLYNOIR.COM. ARLYNOIR.COM will refer to you in this Agreement as "you", "your" or "User". ARLYNOIR.COM can amend this Agreement by posting an updated version of this Agreement to the Portal. Such changes will take effect thirty (30) days after they are posted.

DEFINITIONS

1. "Payment Method" shall mean the method of payment which You use to purchase Your Membership including credit card, debit card, money order, online check.

2. "Bookmarking" shall mean the act of placing a Web page (URL) into a temporary file on the User's browser so that the User may return to the page at a future date directly, without passing through any preceding pages.

3. "Fees" means amounts paid or payable to ARLYNOIR.COM in exchange for Membership under this Agreement using a Payment Method. Fees are posted on the Portal which posting forms a part of this Agreement.

4. "Portal" shall be the website to which You are purchasing a Membership or accessing the Services.

5. "Login" shall mean the combination of the unique username and password sold or provided by the ARLYNOIR.COM to the User and used to access Portal.

6. "Membership" shall be the access granted to a User using a Login for a limited period of time, to Portal for the purpose of using the Services.

7. "Services" shall be the limited, non-transferable license to stream or download images and video or other content from the Portal and navigate different areas of Portal.

8. "User" shall be an individual, of or over the age of majority in the jurisdiction where they are located who has a Membership or rightfully accesses the Portal.

9. "Chargebacks" shall mean a request You file directly with Your card ARLYNOIR.COM or bank to invalidate Fees.

AGREEMENT TO VIEW ADULT MATERIAL

10. Portal is designed and intended solely for adults who are interested in and wish to have access to visual images, verbal descriptions and audio sounds of a sexually oriented, and frankly erotic, nature. The material available by the ARLYNOIR.COM within Portal may include graphic visual depictions and descriptions of nudity and sexual activity and is prohibited to be accessed by anyone under legal age in their respective country or by those who do not wish to be exposed to such material. By accessing Portal or purchasing a Membership from the ARLYNOIR.COM you are making the following statements to ARLYNOIR.COM, its licensors and other suppliers:

11. "Under penalty of perjury, I swear/affirm as of this moment, I am an adult, at least 18 years of age or the age of majority in my jurisdiction. I promise I will not permit any person(s) under the age of majority to have access to any of the material contained within Portal. I understand, when I gain access to Portal I will be exposed to visual images, verbal descriptions and audio sounds of a sexually oriented and frankly 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 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 content 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 material by willing adults in circumstances such as this and will not find such material to appeal to a prurient interest or to be patently offensive."

TERRITORY

12. We make no promise that the Portal  and the Services are appropriate or available for use in locations outside the United States ("Territory"), and accessing this website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this website from locations outside the Territory, you do so at your own risk. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the use of this website or any of the Services

MEMBERSHIPS

13. Fees. Users are liable for Fees for Membership together with all applicable taxes. Users may cancel their Membership at any time by contacting support@arlynoir.com 24 hours a day or logging into their account details arlynoir.com/access/member

14. Users must cancel their Membership 48 hours prior to the rebill date if they do not wish their Membership to renew with associated Fees. Up until the date a Membership is canceled the User authorizes the ARLYNOIR.COM to continue charging the User's Payment Method to pay: (i) Fees for Membership; (ii) all purchases of other products, services and entertainment provided by Portal; and (iii) other liabilities of Yours to ARLYNOIR.COM or any third party.

15. Delayed Transactions. In the event a User's Payment Method was declined the ARLYNOIR.COM may attempt to process the transaction again under the same conditions as the transaction was initiated by the User, within a few days of the User's first attempt to purchase their Membership. Where the Payment Method is approved in such a circumstance, the User will receive an email confirming the successful completion of their transaction along with their username and password details. The User's next rebill will be attempted on their original rebill date. ARLYNOIR.COM reserves the right to change the price of the rebill to a lesser amount with the obligation to continue the User's Membership at the original rebill price, which shall take effect as of the next rebill unless the User cancels 48 hours before such rebill. At any time, should You have any questions about the rebill price or date of your Membership please contact support@arlynoir.com

16. Membership Types. Portal may offer various types of Memberships of different terms (ex: 6-month, 3-month, monthly etc...) each a "Membership Term". Each Membership Term offered will have its own Fee indicated during the join process and will rebill at the Fee and at the frequency indicated in the receipt sent to the User's email address. Fees are subject to change due to applicable; if you do not cancel within such thirty (30) days then you are deemed to have accepted the change in Fee.

17. Cancellation Policy. Memberships may be canceled at any time by completing a form located at arlynoir.com/access/helpdesk or by contacting support@arlynoir.com. If a Membership is canceled before the renewal date the User will still have access for the remainder of the period already paid.

REFUNDS

18. Fees are non-refundable once the Login details have been used on Portal. Non-use of a Membership or inability of User to access the Portal through no fault of ARLYNOIR.COM shall not be grounds for a refund of Fees. ARLYNOIR.COM does not provide refunds or credits for any partial-month Membership periods

19. In the event a refund is issued, ALL refunds will be made by the ARLYNOIR.COM who will credit the Payment Method used to make the original purchase. NO refunds will be made by cash or paper check. ALL refunds will be issued within ten (10) days of communication between the User and the ARLYNOIR.COM's Client Relations department.

20. For all billing inquiries you may also visit ccbill.com.

CHARGEBACKS

21. All chargebacks are carefully investigated and may prevent future purchases with Portal and its affiliates. Chargebacks made to unlawfully obtain goods or services from Portal shall constitute a breach of contract and shall not be tolerated. Portal shall take necessary measures to collect all Fees owed to Portal.

LICENSE

22. Membership includes a single, limited, personal, non-transferrable, non-exclusive license (the "License") to use the Portal for the sole purpose of accessing the images, video and sound published therein (the "Content") in the manner provided. You shall not resell, distribute or engage in any commercialization of the Portal or its Content. You shall not modify or copy any of the Content, use it for any public display, performance, sale or rental, remove, modify or alter any copyright or other proprietary notice or trademarks of the Content or transfer any Content to any third party.

Access to and use of the Portal is through Login. Each User is responsible for keeping their Login information confidential. Portal will not release Login information for any reason to anyone other than the User except as may be specifically required by law or court order. Unauthorized access to the Portal is a breach of this Agreement. You are responsible for your Login credentials and purchases made or other acts or omissions carried out with them.

23. As between You and ARLYNOIR.COM, ARLYNOIR.COM retains all right, title and interest in any and all intellectual property rights in the Portal and its Content. All rights are reserved by the ARLYNOIR.COM. All intellectual property and other rights in and to the Content and the Services found on Portal shall at all times remain the property of the ARLYNOIR.COM, its affiliates, licensors and other suppliers. Nothing in this Agreement shall have the effect of transferring any intellectual property rights to You other than Your limited rights under the License.

24. Trademarks. All trademarks, service marks and trade names of ARLYNOIR.COM used herein (including but not limited to: this website name, this website design, and any logos) (collectively "Marks") are trademarks or registered trademarks of ARLYNOIR.COM or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify ARLYNOIR.COM trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this website, without ARLYNOIR.COM prior written consent. The use of ARLYNOIR.COM trademarks on any other website or network computer environment is not allowed. ARLYNOIR.COM prohibits the use of Company trademarks as a "hot" link on or to any other website unless establishment of such a link is approved in advance.

25. ARLYNOIR.COM reserves the right to modify any or all of the Content or Portal without Your prior notice or consent.

26. ARLYNOIR.COM reserves the right to terminate this License at any time if the User breaches the terms of this Agreement.

TERM AND TERMINATION

27. Membership, Membership Term and the License shall begin as of when Fees are paid and Login is used and shall end when the Membership Term ends or as otherwise provided herein.

28. Users must promptly inform support@arlynoir.com of any apparent breach of security, such as loss, theft, unauthorized disclosure or use of a Login. Until the ARLYNOIR.COM is notified of such breach in security, the User will be liable for any unauthorized use of the Services.

29. Users may terminate their Membership at any time and without cause by providing Client Relations notice to cancel the Membership. Users may complete a form located at arlynoir.com/access/member or contact support@arlynoir.com directly. Users are liable for all Fees incurred on the Membership until 48 hours after notification of termination is received by the ARLYNOIR.COM Client Relations department. It is the User's responsibility to ensure notification is adequately provided. Notification should include full name, email address used upon joining and where applicable, the last four (4) digits of the Payment Method then in use.

30. ARLYNOIR.COM can terminate this Agreement at any time and for any reason or for no reason on notice to You through the Portal; however You shall be entitled to continue use of the Portal for the Membership Term for which Fees have already been paid.

31. By purchasing or terminating a Membership User agrees to receive an email confirmation thereof to the email address last provided to the Portal. Users may not opt out of receiving such emails. Therefore it is important to provide suitable contact information on sign-up for Membership.

32. Users who have terminated their Memberships may reactivate said Membership by entering their original Login details in the User Login section where their previously saved details will be used to process the reactivation provided. Users will have the option to select the Membership of their choice when they reactivate their Login. The new Membership will rebill at the price and at the frequency indicated in the new receipt sent to User's email address.

BOOKMARKING

33. Bookmarking to a page on Portal whereby the warning page(s) and/or terms and conditions are by-passed shall constitute implied acceptance of this Agreement and an explicit confirmation the User is of or over the age of majority in their jurisdiction and the Content is not illegal in the Territory.

DISCLAIMERS

34. The Portal and its Content are provided "as is" without any express or implied warranty of any kind including warranties of merchantability or fitness for a particular purpose. The ARLYNOIR.COM offers no assurance of uninterrupted or error free Services. The ARLYNOIR.COM does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained on Portal. Any of the information offered on Portal may change at any time without notice. Portal makes no representation as to any of the Content. In no event shall the ARLYNOIR.COM be liable for any damages whatsoever arising out of the use or inability to use the Portal or information available on Portal, even if the ARLYNOIR.COM has been advised of such damages. These terms do not limit the non-waivable warranties or consumer protection rights you may be entitled to under the laws of your country of residence.

35. Users are responsible for providing all personal computer and communications equipment necessary to gain access to Portal. Users are also responsible for providing adequate contact details when subscribing to Portal.

36. If Portal enables Users to share information with third parties, User shall not submit, publish or display any defamatory, inaccurate, abusive, threatening, racially offensive or illegal material. Transmission of material violating any federal, state or local law is prohibited and is a breach of this Agreement. The ARLYNOIR.COM shall not be liable for any information posted by Users on Portal. ARLYNOIR.COM has no obligation, but reserves the right, to edit material posted by User on the Portal. User grants ARLYNOIR.COM an unlimited worldwide, royalty-free, license to collect, store and disclose any and all material posted by the User in the Portal. Title in suggestions or other material posted by a User through the Portal shall be assigned to ARLYNOIR.COM as of the posting thereof.

37. Users agree not to engage in advertising to or solicitation of other Users to buy or sell any products or services through Portal. Users are responsible for the information they send or display through Portal even if a claim should arise after termination of the Membership. All messages shall be deemed to be readily accessible to the general public. Do not use Portal for any communication for which you intend only you and the intended recipients to read as notice is hereby given all messages entered onto Portal can and may be read by the operators of Portal, whether or not they are the intended recipients.

38. Please read the privacy policy for information on what information is gathered from the User and how it may be used by the ARLYNOIR.COM and Website operator. ARLYNOIR.COM reserves the right to transfer any and all data in its possession concerning you and your Membership to a third party who purchases all or substantially all of the assets or shares of ARLYNOIR.COM or as part of a corporate reorganization.

GENERAL PROVISIONS

39. Indemnification.  You agree to defend, indemnify and hold ARLYNOIR.COM and our managers, officers, owners, members, agents, subsidiaries, joint ventures, employees, and other related entities harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or in connection with (i) the use of this website or the Internet or your placement or transmission of any message or information on this website by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any User Submission that you provide to Company; or (vi) any other party's access and use of this website with your unique username, password or other appropriate security code.

40. Limitation of Liability. ARLYNOIR.COM does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect your computer, device, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this website, or your downloading of any Content, information or materials from this website. IN NO EVENT WILL COMPANY, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY websiteS LINKED TO THIS WEBSITE, OR THE CONTENT, MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH websiteS, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT OR THE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A REFUND FOR SUCH SERVICES IN ACCORDANCE WITH THE REFUND POLICIES POSTED ON THIS WEBSITE. IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR (B) THE VALUE OF YOUR PURCHASE ON THIS WEBSITE.

41. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason the remaining provisions shall continue to be valid and enforceable. If a court finds that any part of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.

42. Notices. Notices by the ARLYNOIR.COM or Portal to Users may be given by means of electronic messages, by a general posting on Portal, by conventional mail or by telephone. All questions or complaints regarding Portal must be directed to the ARLYNOIR.COM customer service department.

43. Contact Information. The ARLYNOIR.COM's customer service department may be reached by email at support@arlynoir.com, or by helpdesk arlynoir.com/access/helpdesk. If you have any questions or inquiries regarding a purchase via your Payment Method, please contact CCBill at support.ccbill.com.

44. Governing Law. This Agreement shall be governed pursuant to the laws of the state of Hawaii (other than conflicts of laws principals). You consent to the exclusive jurisdiction of the state and federal courts located in Hawaii. Any and all disputes arising under this Agreement shall be resolved exclusively before courts of competent jurisdiction in the state Hawaii.

45. Assignment. ARLYNOIR.COM reserves the right to assign any or all of its rights or obligations under this Agreement to a third party without prior notice or consent from User.

46. Survival. The following Sections hereof shall survive termination of this Agreement: Definitions,  Agreement to View Adult Material, Intellectual Property, Term and Termination, Disclaimers and General.