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TERMS AND CONDITIONS OF MEMBERSHIP
You must read and agree to these terms and conditions
before you can become an active member of PinkVisualGames.com, which is a
service run by thriXXX software GmbH (THRIXXX).
- By subscribing to PinkVisualGames.com you become a
Subscriber and agree to be bound by all the terms and conditions set
forth in this agreement (the "Agreement"). The parties to this
Agreement are you, the Subscriber, and THRIXXX. This Agreement is
subject to change by THRIXXX at any time, and changes are effective
upon notice to the Subscriber.
- You must be 18 years of age or older (21 in some
areas) to recieve a membership.
Free memberships offer limited
access to the games provided at PinkVisualGames.com are valid for a
"lifetime": the accounts can be accessed and the products within can
be used as long as the service is offered by thriXXX. An active
internet connection is required to access your account and the game.
Free memberships need not be cancelled, since no charges apply.
Membership can be upgraded either by purchasing coins ("SexCoins")
(2.a.) or to a recurring membership (2.b.). Dues for upgrading are
- Purchased "SexCoins" can be used to unlock additional
content in the game. Coins and content do not expire and can be
used as long as the service is offered by thriXXX.
- All recurring memberships will renew at the indicated rate
after every period, unless cancelled 24 hours prior to the end of
current period. Recurring memberships can be cancelled anytime on
the customer support site of the payment provider used for
subscribing. A list of links can be found at: http://support.thrixxx.com/billing-support/.
You must provide any information required on the particular support
site. EMAIL NOTIFICATION TO THRIXXX IS NOT SUFFICIENT TO CANCEL
YOUR MEMBERSHIP! After expiration of a recurring membership the
account is downgraded to a free membership again, and all unlocked
in-game content will be removed again.
- ALL MATERIALS, INCLUDING MESSAGES, AND OTHER
COMMUNICATIONS, CONTAINED AT PinkVisualGames.com ARE INTENDED FOR
DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE THE
MATERIALS, MESSAGES AND OTHER COMMUNICATION CONTAINED AT
PinkVisualGames.com DO 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 YEARS MAY
DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF
PinkVisualGames.com OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES
ADVERTISED AT OR IN PinkVisualGames.com. YOU HEREBY ACKNOWLEDGE THAT
MATERIALS PRESENTED AT AND DOWNLOADABLE FROM PinkVisualGames.com INCLUDE
VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND HETEROSEXUAL,
BI- SEXUAL, HOMOSEXUAL, AND TRANSEXUAL SEXUAL SITUATIONS, THAT YOU
ARE FAMILIAR WITH MATERIALS OF THIS KIND, AND THAT YOU ARE NOT
OFFENDED BY SUCH MATERIALS.
YOU HEREBY FURTHER AFFIRM AND
WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN YEARS AND ARE
CAPABLE OF LAWFULLY ENTERING INTO THIS AGREEMENT.
- I agree to be personally liable and fully indemnify
THRIXXX for any and all damages directly, indirectly and/or
consequentially resulting from my attempted or actual unauthorized
downloading or other duplication of materials from PinkVisualGames.com,
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 materials from PinkVisualGames.com including,
but not limited to, damages resulting from loss of revenue, loss of
property, fines, attorney'm fees and costs, including, without
limitation, damages resulting from prosecution and/or governmentally
imposed seizure(s), forfeiture(s), and/or injunction(s).
- Some or all of the following fees and charges may be
incurred by the Subscriber:
- Purchase of coins ("SexCoins") to activate additional
in-game content; Purchase fees are non-refundable;
- Subscription Fees. The Subscriber is responsible for paying
periodic subscription fees according to the then-current billing
terms. Subscription fees are non-refundable;
- Full payments for all goods and services ordered at
PinkVisualGames.com, through and/or from THRIXXX and its licensees.
- Subscriptions may not be assigned or transferred to
any other person or entity. Subscriber must promptly inform THRIXXX
of the following: changes in the expiration date of any credit card
used in connection with the Service; changes in home or billing
address; and apparent breaches of security, such as loss, theft, or
unauthorized disclosure or use of an ID or password. Until THRIXXX is
notified, by electronic mail at email@example.com, of a breach in
security, the Subscriber will remain liable for any unauthorized use
of the Service. Upon request, Subscribers will be given access to
billing records that support charges for use of the Service.
- Payment for the services provided to you at and/or
through PinkVisualGames.com may be made by automatic credit card or debit
card debit and you hereby authorize THRIXXX and its agents to
transact such payments on your behalf.
- Subscription of recurring memberships to
PinkVisualGames.com may be terminated at any time, and without cause, by
You agree to be personally liable for all charges incurred
by you during or through the use of PinkVisualGames.com. Your liability
for such charges shall continue after termination of your membership
for any reason.
- the subscriber on the customer support site of the payment
provider used for subscribing (a list of links can be found at: http://support.thrixxx.com/billing-support/)
at least 24 hours prior to the end of current period, or
- THRIXXX upon notification by electronic mail or by
- If a Subscriber requests a refund or chargeback from its credit card
company for charges relating to the Services any and all credit card
refunds or chargebacks are subject to evaluation by pinkvisualgames.com
and/or a third party service provider to determine whether the refund or
chargeback was made in good faith. Certain criteria will be analyzed to
determine whether a chargeback was made in good faith which includes
non-personal information relating to the Subscriber's and personal
information provided by Subscriber to pinkvisualgames.com, Ltd. We may
issue refunds to customers who are unsatisfied with the product.
However, refunds from customers from customers who use the product and
later make a claim for a refund will be investigated for fraud.
- THRIXXX does not screen or endorse advertisements or
communications submitted to PinkVisualGames.com by third-party licensees,
advertisers, or subscribers for electronic dissemination through
PinkVisualGames.com. Subscribers are therefore advised to use their own
judgment to evaluate all advertisements and other communications
available at or through the use of PinkVisualGames.com prior to
purchasing goods and/or services described at PinkVisualGames.com or
otherwise responding to any communication at PinkVisualGames.com
- Any liability of THRIXXX, 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 membership fee paid by or
on behalf of the subscriber to PinkVisualGames.com for the preceding
month or the last purchase of SexCoins. 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.
- THRIXXX is not liable for damages resulting from
disseminating, failing to disseminate, or incorrectly or inaccurately
disseminating any Software, data, advertisement or other
communication at or through PinkVisualGames.com
- No warranty is made by THRIXXX regarding any
information, services, software or products provided through or in
connection with PinkVisualGames.com, and THRIXXX hereby expressly
disclaims any and all warranties, including without limitation: 1)
any warranties as to the availability, accuracy, or content of
Software, information, products, or services; 2) any warranties of
merchantability or fitness for a particular purpose. Some states do
not allow the exclusion of implied warranties, so the above exclusion
may not apply to you.
- All materials included at PinkVisualGames.com are for the
private use by Subscribers only. No other uses are intended by the
PinkVisualGames.com and any other use is strictly prohibited.
- This Agreement contains the entire agreement between
the Subscriber and THRIXXX regarding Subscribers' use of
PinkVisualGames.com and all materials directly and indirectly related
thereto. This Agreement supersedes all prior written and oral under-
standings, writings, and representations and may only be amended upon
notice by THRIXXX. This Agreement shall be governed by and construed
under the laws of Austria. 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. Unless otherwise
explicitly stated, the provisions of this Agreement shall survive its
- 18 U.S.C. Section 2257 Compliance Notice
sexually explicit voice recording audio content included with the
software are recordings of actors/actresses over the age of eighteen
years at the time of said recordings. All sexually explicit images
displayed by the software and the website are completely computer
generated, the creation process of which never involved male or
female live models of any kind. Some visual and audio depictions
displayed in the product are exempt from the provision of 18 U.S.C.
section 2257 and 28 C.F.R. 75 because said visual depictions do not
consist of depictions of conduct as specifically listed in 18 U.S.C
section 2256 (2) (A) through (D), but are merely depictions of
non-sexually explicit nudity, or are depictions of simulated sexual
conduct. The owners and operators of the product are the primary
producer of most of the visual content contained in the product.
Email inquiries pertaining to content of the product can be
BY JOINING PinkVisualGames.com YOU ARE INDICATING THAT YOU HAVE READ THE
MEMBERSHIP AGREEMENT IN ITS ENTIRETY, UNDERSTAND ITS TERMS, CONSENT TO
ALL THE TERMS AND CONDITIONS SET FORTH IN THE MEMBERSHIP AGREEMENT,
REPRESENT AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF 18 YEARS
AND UNDERSTAND THAT MATERIALS PRESENTED AT PinkVisualGames.com INCLUDE
NUDITY, VISUAL AND AUDIO PRESENTATIONS OF SEXUAL SITUATIONS AND ADULT
LANGUAGE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET
FORTH IN THIS AGREEMENT, ARE NOT OVER 18 YEARS OF AGE, OR ARE IN AN
UNAUTHORIZED DOWNLOADING LOCATION, THEN CEASE ALL ATTEMPTS TO JOIN
PinkVisualGames.com AND LEAVE IMMEDIATELY!