Terms and Conditions
You must read and agree to these Terms and Conditions before you can join. Please read them carefully. By purchasing a Membership to the site, you become a Subscriber and agree to be bound by these Terms and Conditions (the "Agreement"). This agreement is subject to change by "Chargepay B.V., Lange Nieuwstraat 157, Ijmuiden, North Holland, 1972GH, Netherlands" (hereinafter "Corporation") at any time, and changes are effective without notice upon each Subscriber.
DEFINITIONS
The term "site", as referred to in these Terms and Conditions shall mean the Internet site for which you are purchasing a user name and password (login) from Charge Pay-Holland. in order to access that site and enjoy its contents and benefits of Membership.
The term "Member" or "Membership", as referred to in the Terms and Conditions shall mean -The holder (Subscriber) of a valid user name and password (login) for the site during the term of Membership.
The term "Subscriber", as referred to in the Terms and Conditions shall mean - The End-user, Consumer, of the services of the site and holder of a valid user name and password (login) for the site.
The term "Login", as referred to in the Terms and Conditions shall mean - The combination of unique user name and password that is sold by Charge Pay-Holland. and used to access the site. A Login is a license to use the site for a period of time.
The term "Bookmarking", as referred to in the Terms and Conditions shall mean - The act of placing a Web page (URL) into a temporary file on the Subscribers browser so that the Subscriber may return to that page at a future date directly, without passing through any preceding pages.
NON-CANADIAN MEMBERSHIPS
If you purchase your membership outside of Canada , you are not allowed to use it in Canada . If we detect that a membership purchased outside of Canada is used within Canada , the Login information WILL NOT work and the said membership can be deactivated by Phat DVDs because of a breach of this Agreement.
CANADIAN MEMBERSHIPS
- SUBSCRIPTIONS FROM OUTSIDE QUEBEC
If you purchase your Membership outside of the Province of Quebec , you are not allowed to use within the Province of Quebec . If we detect that a Membership purchased outside of the Province of Quebec is used within the Province of Quebec , the Login WILL NOT work and the said Membership can be cancelled by Phat DVDs because of a breach of this Agreement.
- SUBSCRIPTIONS FROM THE PROVINCE OF QUEBEC
There is no territory restriction for the usage of a Membership purchased in the Province of Quebec .
ELECTRONIC RECEIPT
Subscribers will be given, via email, electronic receipts and/or access to billing records that support charges for use of the site.
SUBSCRIPTION FEE
The Subscriber is responsible for paying periodic subscription fees according to the then-current terms of the site.
TRIAL MEMBERSHIP PURCHASE
Subscribers of Trial memberships or Special Introductory packages offered for less than an eight (8) day period may not be granted full access and/or restricted access to the entire content of the website until the conversion into a one (1) month membership.
AUTOMATIC RENEWAL
Subscription fees for regular Memberships are automatically renewed at the end of the original term selected, for a like period of time, unless notice is submitted by the Subscriber to Phat DVDs or the site three (3) days prior to the end of the term. Subscription fees for Trial or Special Introductory packages offered for less than a seven (7) day period automatically renew to the one-month Membership rate at the end of the original term selected, unless notice is submitted by the Subscriber to Phat DVDs or the site 48 hours prior to the end of the term. Subscription fees for seven (7) day trial or special introductory offers automatically renew to the one-month Membership rate at the end of the original term selected, unless notice is submitted by the Subscriber to Phat DVDs or the site three (3) days prior to the end of the term.
Unless and until this agreement is cancelled in accordance with the terms hereof, Subscriber hereby authorizes Phat DVDs to charge Subscriber's credit card (or other approved facility) to pay for the ongoing cost of Membership. Subscriber hereby further authorizes Phat DVDs to charge Subscriber's credit card (or other approved facility) for any and all purchases of products, services and entertainment provided by the site.
NON-ASSIGNABILITY/THEFT OF LOGIN
Your Membership, user name and password (login) may not be assigned or transferred to any other person or entity. Subscriber must promptly inform Phat DVDs or the site of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a user name or password. Until Phat DVDs or the site is notified, by e-mail, or by telephone of any breach in security, the Subscriber will remain liable for any unauthorized use of the Service.
TERMINATION/CANCELLATION
Subscription to the Service may be terminated at any time, and without cause, by Phat DVDs, the site or the Subscriber upon notification of the other party by electronic or conventional mail, or by telephone or fax. Subscribers are liable for charges incurred by them until termination of service.
REFUNDS
In the event that a refunds is issued, ALL refunds will be made by crediting the credit card that was used to make the original purchase. NO refunds will be made by cash or check. All refunds will be issued within ten (10) business days of the discussion between the Member and the Corporation.
FRAUD & CHARGEBACK RIGHTS
You hereby agree that all fraud and misuse of your card will be promptly reported to Phat DVDs. You also agree that any disputes with billing (for all payment method, i.e. credit card, online check, 1-900, etc), delivery, or service quality will be addressed and investigated through Phat DVDs. Any charges disputed with your issuing bank or financial institution without first contacting Phat DVDs for resolution may be construed as an attempt to defraud Phat DVDs. Liquidated damages up to $500 may be assessed by Phat DVDs, in its discretion, against any individual who fraudulently obtains a membership or whose transaction later results in a chargeback to the account. Member agrees that the liquidated damage amount above is reasonable, does not constitute a penalty, and is being established due to the difficulties and inconvenience associated with attempting to establish the exact amount of loss which may be sustained by Phat DVDs due to excessive chargebacks to the account. Said individual shall indemnify and hold Phat DVDs harmless from any and all claims, fines or other damages imposed by any credit card company or other entity due to excessive chargebacks which are the cumulative result of said individuals fraudulent actions.
LICENSE
Memberships to the site are provided for personal, non- commercial use by customers of the site. As customers, visitors to the site hereby granted a single copy license to download or print copies of any of the information found on the site for personal, non-commercial use only. Commercial use of the site, or any material located on it, is strictly prohibited. In addition, you may not modify any of the materials found on the site; use them for any public display, performance, sale or rental; remove, modify or alter any copyright or other proprietary notice, or trademarks there from; or transfer any material located on the site to any other person.
Phat DVDs and the site reserve the right to terminate this license at any time if you breach the terms of this agreement, in which case you will be obligated to immediately destroy any information downloaded, printed or otherwise copied from the site. Access to and use of the site is through a combination of a user name and a password (login). Each Subscriber must keep his or her login strictly confidential. For security reasons, Phat DVDs. will not release passwords for any reason, to anyone other than the Subscriber, except as may be specifically required by law or court order. Unauthorized access to the site is a breach of this Agreement and a violation of law.
BOOKMARKING
Bookmarking to a page on the site whereby the Warning page(s) and/or Terms and Conditions are by-passed shall constitute an implicit acceptance of the Terms and Conditions herein and an explicit acknowledgement of age of majority.
DISCLAIMERS
The materials on the site are provided "as is" without any express or implied warranty of any kind including warranties of merchantability, noninfringement of intellectual property or fitness for a particular purpose. Phat DVDs offers no assurance of uninterrupted or error free service. Phat DVDs does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained on the site.
Any of the information offered on the site may change at any time without notice.
Phat DVDs makes no representation as to any of the information found at the site. in no event shall Phat DVDs be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use or inability to use the material or information available on the site, even if Phat DVDs has been advised of such damages.
Subscribers are responsible for providing all personal computer and communications equipment necessary to gain access to the site.
All materials on the site are copyrighted and are protected under treaty provisions and worldwide copyright laws. The site's materials 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, purchase of a Membership does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information.
If the site enables Subscribers to share information with other Subscribers, Subscribers agree not to submit, publish, or display on the Service any defamatory, inaccurate, abusive, threatening, racially offensive, or illegal material. Transmission of such material that violates any federal, state, or local law, is prohibited and is a breach of this Agreement. Subscribers agree not to engage in advertising to, or solicitation of other Subscribers to buy or sell any products or services through the site without prior written consent. Subscribers are responsible for information they send, or display through the site even if a claim should arise after termination of service. All messages shall be deemed to be readily accessible to the general public. Do not use the site for any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered into this site can and may be read by the operators of the site, whether or not they are the intended recipient(s).
The Subscriber hereby warrants and represents that he or she is over the age of 18(21 in AL, MS, NE, and WY), and in all respects is qualified and competent to enter into this agreement.
AGREEMENT TO VIEW ADULT MATERIAL
The site is designed and intended SOLELY for ADULTS - people who are at least 18 years old (21 in AL, MS, NE, and WY)-- who are interested in and wish to have access to visual images, verbal descriptions and audio sounds of a sexually oriented, frankly erotic nature. The materials which are available within this site may include graphic visual depictions and descriptions of nudity and sexual activity and should NOT be accessed by anyone who is younger than 18 years old (21 in AL, MS, NE, and WY) or who does not wish to be exposed to such materials. By purchasing a Membership you are making the following statements:
"Under penalty of perjury, I swear/affirm that as of this moment, I am an adult, at least 18 years of age (21 in AL, MS, NE, and WY)." "I promise that I will not permit any person(s) under 18 years of age (21 in AL, MS, NE, and WY) 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, 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 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."
ADDITIONAL TERMS AND CONDITIONS
In addition to these Terms and Conditions, the site may have additional Terms and Conditions that are an integral part of this Agreement. All Terms and Conditions apply to Phat DVDs, the site, and you. I agree to the Terms and Conditions specified by the site linked to this page
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 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.
Notices
Notices by the site to Subscribers may be given by means of electronic messages through the site or by Phat DVDs, by a general posting on the site, or by conventional mail.
Notices by Subscribers may be given by electronic messages, conventional mail, telephone or fax unless otherwise specified in the Agreement. All questions, complaints, or notices regarding the site must be directed to Phat DVDs, here or to the site.
CONTACT INFORMATION
E-mail us at support@support.support-websites.com and one of our Customer Support people will be happy to reply to your request. A response will be forwarded to your E-mail address within a reasonable delay.