PLEASE READ CAREFULLY AND UNDERSTAND EACH AND EVERY PROVISION CONTAINED IN THIS AGREEMENT PRIOR TO DETERMINING WHETHER YOU AGREE TO PROCEED INTO THIS WEBSITE. YOU MUST READ AND AGREE TO THESE TERMS AND CONDITIONS BEFORE YOU CAN BECOME AN ACTIVE MEMBER OF INTHECRACK.COM.
By subscribing to inthecrack.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 ITC Media Inc., the Company. This Agreement is subject to change by Company at any time.
You must be 18 years of age or older (21 in some areas) to receive a membership. Membership dues are non-refundable. All monthly memberships will renew at the monthly rate of $34.95 (or the adjusted amount for your local currency) unless cancelled 24 hours prior to the end of the 30 day period. All 30 day memberships will automatically be renewed at the normal monthly rate. You must provide your transaction ID No. or your username and password and your email address in order for us to cancel the re-billing of same credit card.
ALL INTHECRACK.COM, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED AT INTHECRACK.COM. ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE THE INTHECRACK.COM, MESSAGES AND OTHER COMMUNICATION CONTAINED AT INTHECRACK.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 OFINTHECRACK.COM OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN INTHECRACK.COM. YOU HEREBY ACKNOWLEDGE THAT ALL CONTENT PRESENTED AT AND DOWNLOADABLE FROM INTHECRACK.COM INCLUDE VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND HETEROSEXUAL AND BI-SEXUAL SEXUAL SITUATIONS, THAT YOU ARE FAMILIAR WITH INTHECRACK.COM OF THIS KIND, AND THAT YOU ARE NOT OFFENDED BY SUCH MATERIAL. 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 Company for any and all damages directly, indirectly and/or consequentially resulting from my attempted or actual unauthorized downloading or other duplication of content from inthecrack.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 content from inthecrack.com. including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney's fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
Subscriptions may not be assigned or transferred to any other person or entity. Subscriber must promptly inform CCBill of the following: changes in the expiration date of any credit card used in connection with the Service; changes in home or billing address. Until CCBill is notified, by electronic mail at support@CCBill.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 inthecrack.com. may be made by automatic credit card and you hereby authorize Company and its agents to transact such payments on your behalf.
Subscription to inthecrack.com. may be terminated at any time, and without cause, by either Company or Subscriber upon notification of the other by email or via the CCBill cancel page https://support.ccbill.com/. You agree to be personally liable for all charges incurred by you during or through the use of inthecrack.com.
Subscribers are responsible for providing all personal computer and communications equipment necessary to gain access to the Service. Access to and use of the Service is through the use of a password. Each Subscriber must keep his password strictly confidential. For security reasons, Company will not release passwords. Unauthorized access to the Service is a breach of this Agreement and a violation of law.
Company does not screen or endorse advertisements or communications submitted to inthecrack.com by third-party licensees, advertisers, or subscribers for electronic dissemination through inthecrack.com. Subscribers are therefore advised to use their own judgment to evaluate all advertisements and other communications available at or through the use of inthecrack.com prior to purchasing goods and/or services described at inthecrack.com or otherwise responding to any communication at inthecrack.com.
Any liability of Company, 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, tortuous behaviour, 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 Company for the preceding month.
Company 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 inthecrack.com.
No warranty is made by Company regarding any information, services, Software or products provided through or in connection with the inthecrack.com, and Company 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.
All content included at inthecrack.com are for the private use by Subscribers only. No other uses are intended by the Company and any other use is strictly prohibited.
This Agreement contains the entire agreement between the Subscriber and Company regarding Subscribers' use of inthecrack.com and all content 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 Company. This Agreement shall be governed by and construed under the laws of the United States and/or Canada. 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 termination.
BY JOINING INTHECRACK.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 THE CONTENT PRESENTED AT INTHECRACK.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 INTHECRACK.COM AND LEAVE IMMEDIATELY.
A "charge back" takes place when you pay for something with your credit card (for example, signing up for this web site) and then you dispute the charge later with your credit card company. If we receive a charge back from your account, CCBill will BLOCK your credit card and include you into a database of NEGATIVE cardholders, thus PREVENTING YOU FROM SIGNING UP TO ANY OTHER SITE processed by CCBill. Other internet credit card companies handle charge backs the same way. This measure is taken to protect both you and online merchants from fraudulent credit card purchases.
Users who intentionally gain access to this site with no intention of paying, and later dispute the charge with their credit card company and/or refuse to pay the charge, are committing fraud and are subject to criminal and civil litigation under interstate commerce laws. If you don't have any intention of paying for your membership, don't sign up!
I understand that inthecrack.com collects statistics on source IP addresses, and that if I share my unique Login name and Password my access will be terminated without reimbursement.
BILLING STATEMENT DESCRIPTORS:
Credit Card Orders: Credit card statement will show ITC Media as the descriptor.
inthecrack.com maintains a confidential log offline of all user information including IP addresses and times, as required by Credit Card companies. This data is secured under 24 hour camera surveillance. This information is never sold or distributed. However, personal information is used in the event of credit card fraud to assist law enforcement.
inthecrack.com protects the security of your information during transmission by using certified Secure Sockets Layer (SSL) software, which encrypts information as it is entered.
It is important for you to assist inthecrack.com in protecting against unauthorized access to your password and other information. Be sure to close all instances of your browser when finished viewing the inthecrack.com website.
All information submitted is held strictly confidential. inthecrack.com never has, nor ever will, distribute any of its users' information.
CREDIT CARD FRAUD AND CHARGEBACKS:
ITC Media Inc. does not tolerate credit card fraud. No expense will be spared and all fraud will be prosecuted to the full extent of the law. In addition, we will pursue civil legal action seeking any loss of income related to the fraud, including business, legal fees, research costs, employee down time and loss of revenues.
Conviction on Credit Card Fraud Carries Penalties of 10 Years Imprisonment and/or a $10,000 Fine! U.S.C. Title 18, Section 3056, Subsection (b), specifically authorizes the United States Secret Service to detect and arrest any person who violates federal criminal laws relating to credit card fraud and related activity in connectionwith computers and/or access devices.
EXPLICIT ADULT CONTENT:
You hereby swear and affirm under oath, warrant and represent that you are at least eighteen (18) years of age (21 in some jurisdictions) and have the legal capacity to enter into agreements of this nature. The company makes no representation or warranties that the content published on this site complies with the local laws of your jurisdiction. You are solely responsible for knowing and understanding your local laws concerning standards of content legality for purposes of obscenity laws. You further represent and warrant that you understand the nature of the content published on this site, namely, sexually explicit content, and that you voluntarily and knowingly choose to view such content and that such content does not offend or vex your sensibilities. Should you be unable to affirmatively make the representations and warranties contained herein, do NOT subscribe to this Service.
All transactions are performed for ITC Media Inc. through CCBill. By entering your credit card information, you authorize the company to charge your credit card according to the terms of the membership.
DESCRIPTION OF THE SERVICE:
The company will instantly provide you with the username and password that you select in order to access the members only area of the website, in exchange for the membership fees.
The username and password are, and shall remain, the sole and exclusive property of the website, and are issued to you in the form of a revocable license.
You have a strict obligation to keep the username and password confidential. Should you have reason to believe that either may have become compromised, you must immediately inform the website. Note down your username and password in a safe place. The company reserves the right to terminate the membership at any time with or without cause.
Inthecrack reserves the right to limit the amount of materials downloaded by your account. There are no download speed limitations. Our movies do not have DRM (Digital Rights Management) and can be played an unlimited number of times. Once you cancel your membership or your membership expires, you can still watch all the movies you have downloaded. The movies do not require an Internet connections to be viewed once downloaded to your computer.
MEMBERSHIP PRICING & TERMS:
You are responsible for paying the periodic subscription fees according to the then-current billing terms. Charges are in USD. Membership options and the terms of billing are clearly noted on the page where you enter your credit card or payment information.
The monthly membership will renew, for your convenience, every 30 days, unless you cancel prior to renewal.
The maximum Term of this agreement is 120 months. Unless and until this agreement is cancelled in accordance with the terms hereof, you authorize the company to charge your credit card to pay for the ongoing cost of membership.
Cancellation requests should be done BEFORE THE END OF THE BILLING TERM through the billing support site at CC BILL.
ON TIME EXECUTION OF ORDERS:
All orders are filled immediately and instant access is given to the website.
ON TIME REACTION TO SUBSCRIBERS' QUESTIONS:
The website will do all in its power to answer questions and inquires within 24 hours.
You may contact the website with NON BILLING RELATED QUESTIONS by submitting an email to:
Should a refund be issued, all refunds will be credited to the credit card used in the original transaction solely. Refunds will not be issued by cash, check, or to another credit card. Please allow 3 to 5 business days for the refund to appear on the account.
CONTENT DOWNLOAD LICENSE:
After you have become a member to the website, you are hereby authorized a single license to download, copy, or print all content found on the site. This license shall be granted for sole use of the subscriber. All memberships are provided for personal use and shall not be used for any commercial purposes or by any commercial entities. Commercial use of either the website or any content found within is strictly prohibited. No content within the site may be transferred to any other person or entity, whether commercial or non-commercial. In addition, inthecrack content may not be modified, or altered. inthecrack.com content may not be displayed publicly, or used for any rental, sale, or display and shall extend to copyright, trademarks, or other proprietary notices there from. The company and the website reserve the right to terminate this license at any time if the terms of this agreement are breached. In the case that the terms are breached, you will be required to immediately destroy any information or content printed, downloaded or otherwise copied from the site.
CHANGES TO WEBSITE:
The website reserves the right to alter or delete content from the site at any time without notification.
The website does not guarantee or warrant the compatibility of your equipment, computer or software, including but not limited to, the type of computer, computer configuration, browser software, other software, Internet account, TCP/IP, Winsock or online service. The website is not responsible for any interruption in service or inability to access the website due to technical difficulties or failure of the Internet, World Wide Web, phone lines, switching or any other causes beyond its control.
You agree to indemnify and hold harmless the company and the website from and against any claims, losses, liabilities, actions, suits or other expenses (including reasonable attorney's fees) arising out of a breach by you of any of your covenants, representations or warranties contained herein. You representations and warranties include:
you are at least 18 years of age (or the legal age in your jurisdiction);
you understand that the Service includes graphic depictions of sexually explicit content and you freely and voluntarily choose to gain access to and view these in the inthecrack.com website;
you have never informed law enforcement, the U.S. Postal Service or other governmental agencies that you do not desire to obtain or receive sexually explicit content from inthecrack.com;
your personal and credit card information, provided to the company in connection with your trial and/or membership subscription is true and accurate in all respects and you will promptly notify the company of any changes in that information;
you will not permit any other person or entity to have access to your password or ID and you will at no time authorize, permit or assist any other person, including but not limited to persons who are minors, access to the Service.
THE SERVICE IS PROVIDED ON AN AS IS BASIS. THE COMPANY GRANTS NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OTHER THAN THOSE WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY, EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS PARAGRAPH. THE COMPANY IS NOT RESPONSIBLE TO YOU FOR ANY DELAY IN TRANSMISSION OF CONTENT OR WEBSITE DOWNTIME. You are responsible for having and maintaining the personal computer equipment and Internet access necessary to make use of the Service.
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 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.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON FOR LOSS OF BUSINESS OR PROFITS OR FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE OR THE CONTENTS THEREOF, EVEN IF THE COMPANY WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY OTHER CLAIM BY YOU OR BY ANY OTHER PERSON. YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF A BREACH OF THIS AGREEMENT BY COMPANY IS A REFUND OF NO MORE THAN ONE MONTH'S MEMBERSHIP FEE. The company is not liable for damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any content in inthecrack.com, data, advertisement or other communication at or through the website.
MODIFICATION GENERAL RECOMMENDATIONS:
We recommend to print out all transaction data and the Terms of Service and Conditions of the Membership and to keep them at an easily accessible place.
IMPORTANT! These Terms and Conditions govern your membership to our Site if you become a member. By accessing, using, printing, installing, or downloading any content from any of the site, you agree to be bound by these Terms and Conditions. These Terms and Conditions are subject to change by the site at any time in its discretion. Your use of this Site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. If you do not agree to be bound by these Terms and Conditions, you may not enter any of the site, you must exit the Site immediately and you may not use or access any of the site or print or download any inthecrack.com content from them. You may use and access the site only in accordance with these Terms and Conditions. Please consult these Terms and Conditions regularly and read them carefully before using the site. You affirm that you have read this Agreement and understand, agree and consent to its Terms and Conditions.
You are solely responsible for obtaining access to the Site and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Site.
NO CHILD PORNOGRAPHY:
You understand that all models appearing on the site are, and were at the time of all recorded images, at least 18 years of age, and that the site contains no child pornography. We take a strong and definite stand against child pornography and only publish images of consenting adults for consenting adults. We enthusiastically cooperate with any law-enforcement agency investigating child pornography. If you suspect other outside websites are participating in unlawful activities involving minors, please report them to www.asacp.org.
You further acknowledge that the site contains only images protected by the First Amendment to the United States Constitution. If you are seeking obscenity or child pornography, please leave this Site immediately.
inthecrack is a trade mark of ITC Media Inc. All rights are reserved. Other manufacturers product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners. inthecrack marks may not be used publicly except with express written permission from ITC Media and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits ITC Media Inc.
The content accessible from the site, and any other World Wide Web site owned, operated, licensed, or controlled by inthecrack.com(collectively, inthecrack.com and ITC Media Inc.) is the proprietary information and valuable intellectual property of ITC Media Inc. and retains all right, title, and interest in the company. Accordingly, the inthecrack.com content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of inthecrack.com except that you may print out a copy of the content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, water mark, or any other proprietary notice or legend appearing on any of the content. Modification or use of the Content except as expressly provided in these Terms and Conditions violates inthecrack.com intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to the site. All content included on the site, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable content, data compilations and software is the property of inthecrack.com and is protected by Canadian, United States and International copyright laws. The compilation of all content on the Site is the exclusive property of inthecrack.com and protected by United States, Canada and other International copyright laws, as well as other laws and regulations.
RESTRICTIONS ON USE OF SITE:
You may use the site for purposes expressly permitted by the site. You may not use the site for any other purpose, including any commercial purpose, without inthecrack.com express prior written consent. Without the express prior written authorization of inthecrack.com you may not: (a) duplicate the Site or any of the content contained therein; (b) create derivative works based on the Site or any of the content contained therein; (c) use the site or any of the inthecrack.com contained therein for any commercial purpose, or for any public display, public performance, sale or rental; (d) distribute the site or any of the content contained therein; (e) remove any copyright or other proprietary notices from the Site or any of the content contained therein; (f) frame or utilize any framing techniques in connection with the site or any of the content contained therein; (g) use any meta-tags or any other hidden text using the inthecrack.com name or marks; (h) deep-link to any page of any of the site (including the homepage); (i) circumvent any encryption or other security tools used anywhere on the site (including the theft of user names and passwords or using another persons user name and password in order to gain access to a restricted area of any of the site); (j) use any data mining, robots or similar data gathering and extraction tools on the site; (k) decompile, reverse engineer, modify or disassemble any of the software aspect of inthecrack.com; (l) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the content or any of your rights to access and use inthecrack.com. You agree to cooperate with inthecrack.com in causing any unauthorized use to cease immediately.
If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer.
You agree to defend, indemnify, and hold harmless inthecrack.com its officers, directors, shareholders, employees, independent contractors and agents, from and against any and all claims, actions, liabilities, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or you under another persons authority including without limitation to use, misuse, or inability to use the site or any of the inthecrack.com contained therein, or your breach of any of these Terms and Conditions. inthecrack.com shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defines of such claim or suit. inthecrack.com may participate in the defines of such claim or defines at its own expense, and choose its own legal counsel, but is not obligated to do so.
Some web site which are linked to the site are owned and operated by third parties. Because inthecrack.com has no control over such site and resources, you acknowledge and agree that inthecrack.com is not responsible for the availability of such external site or resources, and does not screen or endorse them, and is not responsible or liable for any content, advertising, services, products, or other inthecrack.com on or available from such site or resources. You further acknowledge and agree that inthecrack.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any such site or resource. If you decide to access any such third party site, you do so entirely at your own risk and subject to any terms and conditions and privacy policies posted therein.
inthecrack.com shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, the Devil or the Tooth fairy, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fibre cuts; strikes, or shortages in transportation, facilities, fuel, energy or labor; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, including errors or omissions, for so long as such event continues to delay inthecrack.com performance.
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. Neither these Terms and Conditions nor any rights granted hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you.
If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
In the event of any litigation arising out of this agreement, ITC Media shall be entitled to attorneys fees, including attorneys fees incurred on appeal.
No waiver of inthecrack.com shall be deemed a waiver of any subsequent default of the same provision of these Terms and Conditions. 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 these Terms and Conditions.
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms and Conditions.
inthecrack.com makes no representation that the site or any of the content contained therein is appropriate or available for use in other locations. Access to them from these territories may be illegal or otherwise prohibited. Those who choose to access the site from such locations do so on their own initiative and are solely responsible for compliance with all applicable local laws.
If you have questions or comments please contact us.
This agreement had been updated on: February 2, 2011