), and you, a user of the Site. By using Site you agree to this agreement. If you choose to not agree with this agreement, you must not use the Site.
3.1 License. During this agreement, the Operator hereby grants you a nonexclusive, nontransferable license to access the Site for your use in accordance with this agreement. The Operator provides the Materials on this Site for the personal, non-commercial use by viewers, fans, visitors, subscribers and/or potential subscribers of said Site. You agree to prevent any unauthorized copying of the Site, or any of the Materials contained therein. Any unauthorized use of the Site or any of the Materials contained therein terminates this limited license effective immediately. This is a license to use and access the Site for its intended purpose and is not a transfer of title. You will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site.
3.2 Intellectual Property Rights. The Site and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of it) are owned by the Operator, its licensors, or other provides of the material and are protected by
Your Country and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
3.3 Trademarks. The Operator’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Operator or its affiliates or licensors. You will not use these marks without the Operator’s written permission. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.
3.4 Images and Content
(a) Site contains images and content, including but not limited to text, software, images, graphics, data, messages, or any other information, and any other website owned, operated, licensed, or controlled by the Operator (collectively, “Materials”).
(b) You acknowledge and stipulate that all of the Materials are expressive content that is fully protected by the First Amendment to the United States Constitution.
(c) You acknowledge and understand that the Materials are erotic in nature – and that they contain graphic visual depictions of sexual activity and nudity, graphic audio portions of the same kind of content, and descriptions of sexually oriented and sexually explicit activities. You acknowledge that You are aware of the nature of the Materials provided by the Operator and that You are not offended by such Materials, and that You access the Site freely, voluntarily, and willingly, and for Your own personal enjoyment.
(d) If You are seeking information regarding any illegal activities, please leave this Site immediately. You acknowledge that You are aware of the community standards in Your community, and You will only access the content on the Site if You believe that the content on the Site does not offend the community standards prevalent in Your community.
(e) You agree not to use or access the Site if doing so would violate the laws of Your state, province, or country. Operator makes no representation that the Site or any of the Materials contained therein are appropriate or available for use in all locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access the Site from such locations do on their own initiative and are solely responsible for determining compliance with all applicable local laws.
3.5 User Conduct
You will not engage in any of the following prohibited activities:
(a) copying, distributing, or disclosing any part of the Site in any medium, including by any automated or nonautomated “scraping;”
(b) using any automated system, including “robots,” “spiders,” “offline readers,” etc., to access the Site;
(c) transmitting spam, chain letters, or other unsolicited email;
(d) attempting to interfere with, comprise the system integrity or security, or decipher any transmissions to or from the servers running the Site;
(e) taking any action that imposes, or may impose at the Operator’s sole discretion an unreasonable or disproportionately large load on the Site infrastructure;
(f) uploading invalid data, viruses, worms, or other software agents through the Site;
(g) collecting or harvesting any personally identifiable information, including account names, from the Site;
(h) using the Site for any commercial solicitation purposes;
(i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
(j) interfering with the proper working of the Site;
(k) accessing any content on the Site through any technology or means other than those provided or authorized by the Site; or
(l) bypassing the measures the Operator may use to prevent or restrict access to the Site, including features that prevent or restrict use or copying of any content or enforce limitations on use of the service or the content in it.
4. Your Account
4.1 Account Creation. You must complete the registration process by providing the Operator with accurate information as prompted by the applicable registration form. You also will choose a password and a username.
4.2 Responsibility for Account. You are responsible for maintaining the confidentiality of your password and account. Further, you are responsible for all activities that occur under your account. You will promptly notify the Operator of any unauthorized use of your account or any other breach of security.
4.3 Liability for Account Misuse. The Operator will not be liable for any loss that may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by the Operator or another person due to someone else using your account or password.
4.4 Use of Other Accounts. You will not use anyone else’s account at any time, without the permission of the account holder.
4.5 Account Security. The Operator cares about the integrity and security of your personal information. But the Operator cannot guarantee that unauthorized persons will never be able to defeat the Site’s security measures or use any personal information you provide to the Operator for improper purposes. You acknowledge that you provide your personal information to the Operator at your own risk.
5. Paid Services
5.1 Fees. The Operator may charge fees for access to the Site or to purchase various content. Some of the fees may be recurring and some may be one-time fees. In no event will you be charged for access to the Site or to purchase content unless the Operator obtains your advance agreement to pay for the charges. You will be told at the time of purchase whether the fees are one time or recurring. If the fees are recurring, your subscription will continue for the length of the initial term you select and will automatically renew for additional prepaid periods of the same length unless you cancel your subscription before it renews to avoid billing of the next term’s subscription fees to your payment method.
You may cancel any recurring subscription at any time by contacting the payment processor your signed up through or by looking up your account at https://cs.segpay.com and changing the status to cancelled/expired or by providing the customer service department with the required information to cancel your membership. . Any fees will be posted prominently on the Site and in other appropriate locations on the Site.
5.2 Rates. You will pay all fees and charges incurred through your account at the rates in effect for the billing period when they are incurred. You will be billed for and pay all fees and charges. You will pay all applicable taxes relating to use of the Site through your account.
5.3 Refunds.
No cash refunds are provided. Account credit may be granted in the form of free monthly memberships, shopping credit for pay per view or pay per download purchases or credit that may be used for other services offered on the Website to resolve customer service issues. The billing system used by
WendySummers.com from our authorized agent SEGPAY provides extensive credit card fraud protection measures and features to protect users from accidental charges. Therefore, refunds to your credit card will be provided only under the rarest of circumstances such as persistent technical problems originating with our equipment.
6. Links. The Site may contain links to third-party websites or resources. You acknowledge that the Operator is not responsible or liable for: (1) the availability or accuracy of those websites or resources; or (2) the content, products, or services on or available from those websites or resources. Links to third-party websites or resources do not imply any endorsement by the Operator of those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
7. Third-Party Content. Through the Site, you may have the ability to access or use content provided by third parties. The Operator cannot guarantee that this third-party content will be free of material you may find objectionable or otherwise. The Operator will not be liable for your access or use of any third-party content.
8. Privacy. For information about how the Operator collects, uses, and shares your information, please review the Privacy Policy. You acknowledge that by using the Site or the service you consent to the collection, use, and sharing (as set out in the Privacy Policy) of this information, including the transfer of this information to the
Your Country for storage, processing, and use by the Operator.
9. Termination
9.1 Termination on Notice. Either party may terminate this agreement at any time by notifying the other party in writing.
9.2 Termination by the Operator. The Operator may terminate or suspend your access to or ability to use the Site immediately, without notice or liability, for any reason or no reason, including breach of this agreement.
9.3 Effect of Termination. On termination of your access to or ability to use the Site, your right to use or access the Site will immediately end. Termination of your access to and use of the Site will not relieve you of any obligations arising or accruing before termination or limit any liability you otherwise may have to the Operator or any third party.
9.4 Survival of Provisions. This agreement’s provisions that by their nature should survive termination will survive termination, including ownership provisions, warranty disclaimers, and limitations of liability.
10. Disclaimers. The Site is provided “as is,” without any warranties of any kind. To the fullest extent permissible under applicable law, the Operator disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, noninfringement, accuracy, freedom from errors, suitability of content, or availability. No advice or information, whether oral or written, obtained from the Operator, the Site, or elsewhere will create any warranty not expressly stated in this agreement.
11. Limitation of Liability. To the fullest extent permitted by applicable law in no event will the Operator be liable for:
11.1 any direct, special, indirect, or consequential damages; or
11.2 any other damages of any kind, including loss of use, loss of profits or loss of data, whether in an action in contract, tort (including negligence), or otherwise, arising out of or in any way connected with the use of or inability to use the Site, including any damages caused by or resulting from reliance by user on any information obtained from the Site, or that results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance.
12. Indemnification. You will defend, indemnify, and hold harmless the Operator, its subsidiaries, and affiliated companies, and their officers, directors, employees, contractors, and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to use of the Site. The Operator may assume the exclusive defense and control of any matter for which users have agreed to indemnify the Operator and you will assist and cooperate with the Operator in the defense or settlement of these matters.
13. General Provisions
13.1 Governing Law. This Agreement and all matters arising out of, or otherwise relating to, this Agreement shall be governed by the laws of Florida, excluding its conflict of law provisions. The sum of this paragraph is that any and all disputes must be, without exception, brought to court and litigated in Orange County, Florida.
a) All parties to this Agreement agree that all actions or proceedings arising in connection with this Agreement or any services or business interactions between the parties that may be subject to this Agreement shall be tried and/or litigated exclusively in the state and federal courts located in Orange County, Florida.
b) The parties agree to exclusive jurisdiction in, and only in, Orange County, Florida.
c) The parties agree to exclusive venue in, and only in, Orange County, Florida.
d) The parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the parties with respect to, or arising out of, this Agreement in a jurisdiction other than that specified in this paragraph.
e) All parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under this Agreement whatsoever.
f) All parties stipulate that the state and federal courts located in Orange County, Florida shall have personal jurisdiction over them for the purpose of litigating any dispute, controversy, or proceeding arising out of (or related to) this Agreement and/or the relationship between the parties contemplated thereby.
g) Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it, as contemplated by this paragraph by registered or certified mail, Federal Express, proof of delivery or return receipt requested, to the parties address for the giving of notices as set forth in this Agreement.
h) Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law if such enforcement becomes necessary.
13.2 Rights to Injunctive Relief. Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
13.3 Assignment. The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be.
13.4 Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect.
13.5 Attorney’s Fees. In the event any party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce any of the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney’s fees and costs incurred in connection therewith, including attorney’s fees incurred on appeal.
13.6 No Waiver. No waiver or action made by the Publisher shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
13.6 Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
13.7 Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to Your access and use of the Site and the Materials contained therein, and Your Membership with the Site, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matter.
14. No Child Pornography.
Any actual human beings depicted in images or videos appearing on the website located at
WendySummers.com were at least 18-years old at the time those images or videos were produced. We only publish images of consenting adults. If you see any images, real or simulated, depicting minors engaged in sexual activity within the Website, please report it to admin@WendySummers.com immediately. All reports will be investigated and appropriate action will be taken along with cooperation with any law-enforcement agency investigation of child pornography. If you encounter unlawful activities involving minors on other Websites than this one, please report them to
ASACP.
15. Billing.
Billing is provided by the management company and merchant of record, Andomark LLC:
Transactions will appear on statements as SEGPAY.COM*Andomark.com.
For billing inquiries, or to cancel a recurring purchase, please visit:
Self-Service Website
https://cs.segpay.com
Email
help@segpay.com
Chat
https://chat.segpay.com
US Phone +1 866-450-4000
Direct Phone: +1 954-414-1610