Customer Terms and conditions
Before your transaction can be completed, you must read and agree to these terms and conditions. By applying for access and or services from this website, you are agreeing to these terms and conditions, and are agreeing to be legally bound by them. This agreement is subject to change by Effex Media at any time. Changes are effective when posted on this site without notice upon each subscriber.0. Preamble
- Customer data is for internal use only and will be treated confidential.
- All transactions are SSL encrypted.
- Your credit card will be billed immediately after purchase.
- After purchase you will receive an email notification with all payment details. The contract is closed between customer and shop as soon as the order is submitted.
- All orders will be processed immediately.
- All questions will be answered within two working days.
- We recommend to print out the transaction data and Terms and Conditions and to keep them at an easily accessible place.
- Prohibited for people under legal age in their respective country.
1. Legal Definitions
"Member" or "Membership," as referred to in this document shall mean: The subscriber or user of a valid username and password for the site during the term of membership. "Site," as referred to in this document shall mean: The website for which you are purchasing a username and password from Effex Media in order to access the site and its materials and obtain the benefits of membership. "Subscriber," as referred to in this document shall mean: The End-user / Consumer, of the services of the site and holder of a valid username and password for the site. "Access rights," as referred to in this document shall mean: The combination of unique username and password that is used to access a site. An access rights is a license to use a site for a period of time that is specified. "Bookmarking," as referred to in this document shall mean: The act of placing a URL into a temporary file on the subscriber's browser so that the subscriber may return to that page at a future date directly, without passing through any pages that may have proceeded.
2. Description of Services
Effex Media will provide one access right to access the site and its contents for which you are purchasing membership.
Effex Media will appear on your credit card, bank statement, or phone bill for all charges made. If multiple venues are joined utilizing any payment method, your statement will list each individual purchase comprising the transaction. Effex Media may include other information on your statement based on credit card association, telephone regulation, NACHA and any other mandated rules and regulations. If you elect to use your checking account to purchase a subscription to this website, an ACH debit will be drawn on their account. Your agreement with these Terms & Conditions is your approval for Effex Media to issue an ACH debit to your account.
4. Payment / Fee
Sites may have periodic subscription fees that are defined by the owners of the site at the time of the initial enrolment for subscription. The member is responsible for such fees according to the terms of the site.
5. Automatic Recurring Billing (If Selected By You On The Sign Up Page)
As determined by the content provider of the site, subscription fees may be automatically renewed at the end of the original term selected, for a similar period of time, unless notice is received from the subscriber seven (7) days before renewal. All special introductory offer Members shall be exempt from the 7 day notification requirement, but subscriber must notify Effex Media directly 24 hours prior to the end of the trial/special offer period in order to cancel automatic renewal. All trial/special offer memberships shall renew at the stated membership rate. The maximum term of this agreement is 100 months. Unless and until this agreement is cancelled in accordance with the terms hereof, subscriber hereby authorizes Effex Media to charge subscriber's chosen payment method to pay for the ongoing cost of membership. Subscriber hereby further authorizes Effex Media to charge subscriber's chosen payment method for any and all additional purchases of services and entertainment provided by the site.
6. Failover Period
For your convenience and to avoid any interruptions to your membership, we reserve the right to continue billing your membership renewals until you cancel your account.
7. Electronic Receipt
Subscribers will receive an email receipt to their email provided upon initial subscription. Subscriber may, at any time, request a copy of the account of charges made for the life of their membership to the site. Subscriber foregoes this right if such request is not made. Requests must be made directly to Effex Media. To contact Effex Media refer to the Questions and Contact Information at the end of this document.
At any time, and without cause, subscription to the service may be terminated by either Effex Media the site, or the subscriber upon notification of the other by electronic or conventional mail, or by telephone or fax. Subscribers are liable for charges incurred by them until termination of service. If you request cancellation or request a refund from Effex Media your bank, card issuer, or phone company due to unauthorized or fraudulent use, Effex Media can at its discretion, to prevent further unauthorized use, block your information from use at all Effex Media clients' websites. This will not however prevent unauthorized use at non-Effex Media clients' websites, and is not a substitution for your contacting your appropriate channels to prevent further misuse. If you are taking advantage of a "Free" trial period through a credit card, please be aware of the following: Effex Media will request and your bank will immediately put a "Reserved Funds" hold on your credit card for the amount of the subscription plan you have selected. If the free trial is cancelled within the timeframe allowed by the website, it typically takes the banking system 7 to 10 days to remove the credit card hold from these funds. Please understand that Effex Media has no way to remove this hold. During the trial period and for a minimum of 7 to 10 days after you cancel, these funds are considered out of your bank even though technically they are still there, and you could overdraw or exceed the limits of your account. You are responsible for any charges imposed by your credit card issuing bank for exceeding your account limits or overdrawing your account.
Should a refund be issued by Effex Media all refunds will be credited solely to the payment method used in the original transaction. Effex Media will not issue refunds by cash, check, or to another credit card or payment mechanism.
Subscriber agrees that at any time they will not bookmark any page to the site that will allow the subscriber to bypass the terms and conditions of the site upon entering. If such a bookmark exists, said bookmark will constitute full agreement to said terms and conditions as well as to admission that subscriber is of legal age of majority in their state, country or region.
11. Authorization of Use
Subscribers to the site are hereby authorized a single access rights to access the service or material located at this website. This access rights shall be granted for sole use to one 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 site or any material found within is strictly prohibited unless authorized by the website. No material within the site may be transferred to any other person or entity, whether commercial or non-commercial. No material within the site may be distributed through peer-to-peer networks or any other file sharing platforms. In addition, materials may not be modified, or altered. Materials may not be displayed publicly, or used for any rental, sale, or display. Materials shall extend to copyright, trademarks, or other proprietary notices there from. Effex Media and the site reserve the right to terminate this access rights 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 material printed, downloaded or otherwise copied from the site.
12. Transfer of Access Rights
Access to the site is through a combination of a username and a password. Subscribers may not under any circumstances release their access rights to any other person, and are required to keep their access rights strictly confidential. Effex Media 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. Subscribers acknowledge that the owner of the site may track through the use of special software each subscriber's entry to the site. If any breach of security, theft or loss of access rights, or unauthorized disclosure of access rights information occurs, subscriber must immediately notify Effex Media or the site of said security breach. Subscriber will remain liable for unauthorized use of service until Effex Media or the site is notified of the security breach by e-mail or telephone.
13. Sanction and Approval of Adult Material
The owner of this site may be providing material or images intended for an age restricted audience. Access to this site is intended solely for people who are of legal age in the jurisdiction where this site is being viewed and are at least 18 years of age in the US (21 in AL, MS, NE, and WY), who wish to access visual images, audio sounds, and verbal descriptions of a sexually oriented and frankly erotic nature. Materials available within this site may include depictions that are visually graphic in nature and portrayals of nudity or sexual acts and should not be accessed by anyone who is not of legal age in the jurisdiction where this site is being viewed and are at least 18 years of age in the US (21 in AL, MS, NE, and WY), by anyone who finds such material offensive in nature, or by anyone who simply does not wish to be exposed to such materials. By purchasing a membership or access rights, you are implicitly making the following statements: "I affirm and swear that as of this moment, under penalty of Perjury, I am of legal age in the jurisdiction where this site is being viewed and are at least 18 years of age in the US (21 in AL, MS, NE, and WY). I will not permit any persons who are not of legal age in the jurisdiction where this site is being viewed and are at least 18 years of age in the US (21 in AL, MS, NE, and WY) to view or access in any way any materials found on this website. I understand that by accessing this website, I will be exposed to materials that may include but are not limited to, visual images, audio sounds, and verbal descriptions of a sexually oriented and frankly erotic nature, portrayals of nudity, and sexual acts. I affirm that I am not offended by such materials, and that such materials are legal in my community. I am volunteering to view, hear, and access such materials on my own volition, and I choose to do so because I want to view/read/hear or otherwise access such materials for my own enjoyment, information or entertainment. My choice is a manifestation of my interest in such matters, which is healthy and normal, and is also held by most adults in my area. I am completely familiar with the standards held in my community, and the material I expect to access in this site falls within these standards. In my experience, 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. Adults in my community will accept the standards displayed within this site, and will not find any of the material patently offensive."
14. Supplementary Terms and Conditions
The site may have additional Terms and Conditions that are an integral part of their offering to the Subscriber, and are in addition to these Terms and Conditions. Such Terms and Conditions as listed at the site will in no way invalidate any of the Terms and Conditions listed here. All Terms listed apply to Effex Media the site, and the subscriber. I understand that by having checked the acknowledgement of Effex Media's Terms and Conditions, I am affirming that I have read and understand the terms of this account and authorize Effex Media to bill my chosen payment method in accordance with the current terms and conditions. This agreement is governed by the laws of The European Community.
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 by the site to subscribers may be given by means of electronic messages through the site, 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 Effex Media. All cancellations of service to a site must also be directed to Effex Media.
Questions and Contact Information All questions to Effex Media regarding these terms and conditions must be directed to:email@example.com
USER UNDERSTANDS THAT hdvpass.com CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. USER IS RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. hdvpass.comDOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET.
USERS USE OF THE SITE IS AT THEIR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. hdvpass.com DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. hdvpass.com DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. hdvpass.com DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND hdvpass.com MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. USER, AND NOT hdvpass.com, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR ITS CONTENT. hdvpass.com MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. hdvpass.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENT'S APPROPRIATENESS OR AUTHORIZATION FOR USE IN ALL COUNTRIES, STATES, PROVINCES, COUNTY OR ANY OTHER JURISDICTIONS. IF YOU CHOOSE TO ACCESS THE SITE, YOU DO SO ON YOUR OWN INITIATIVE AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
18. TRIAL AND MONTHLY MEMBERSHIPS; FEES; CANCELATION
You agree that if You do not send notice of cancellation of Your trial membership at least 1 DAY from the expiration of Your trial membership term, hdvpass.com shall automatically and without further notice: convert Your trial membership to a standard RECURRING MONTHLY SUBSCRIPTION to Website at the standard one month membership rate; renew Your monthly membership to Website for successive periods of one month each at the then current standard one month membership rate.
Subscription and Membership fees to Website are subject to change at any time at the sole and absolute discretion of Company. The official standard membership rates for the Website shall be set forth at the following link: hdvpass.com. The current monthly membership rate which will appear on Your credit card bill, will be debited from Your account, charged to Your telephone, etc., depending Your choice of payment means.
TO CANCEL AUTOMATIC RENEWAL AT THE END OF THE PAID TRIAL MEMBERSHIP PERIOD, YOU MUST NOTIFY hdvpass.com AT LEAST ONE DAY PRIOR TO THE END OF THE PAID TRIAL PERIOD, BY CONTACTING hdvpass.com BY E-MAIL, TELEPHONE OR U.S. MAIL (AT THE THEN CURRENT E-MAIL ADDRESS, TELEPHONE NUMBER OR MAILING ADDRESS AS PROVIDED AT hdvpass.com
TO CANCEL YOUR MONTHLY MEMBERSHIP YOU MUST NOTIFY hdvpass.com OF YOUR CANCELLATION BY E-MAIL, TELEPHONE, OR MAIL (AT THE THEN CURRENT E-MAIL ADDRESS, TELEPHONE NUMBER OR MAILING ADDRESS AS PROVIDED AT hdvpass.com AT 1 DAY BEFORE THE EXPIRATION DATE OF YOUR THEN CURRENT MEMBERSHIP TERM.
"Please note that all chargebacks are thoroughly investigated and may add you to a black list with our processor which will complicate future purchases. Denying a purchase that you have made is illegal and will result in an investigation which can lead to heavy fines or other legal action towards you. Your credit can be affected by false claims of fraud"
19. "OPT-IN" & "OPT-OUT" USER COMMUNICATION
"OPT-IN" -- Subscriber's expressly and specifically acknowledges and agrees that his email address or other means of communicating with subscriber may be used to send him offers, information or any other commercially oriented emails or other means of communications. More specifically, some offers may be presented to the subscriber via email campaigns or other means of communications with the option to express the subscriber's preference by either clicking or entering "accept" (alternatively "yes") or "decline" (alternatively "no"). By selecting or clicking the "accept" or "yes", the subscriber indicates that the subscriber "OPTS-IN" to that offer and thereby agrees and assents that the subscriber's personal information, including its email address and data may be used for that matter or disclosed to third-parties.
"OPT-OUT" -- Subscriber's expressly and specifically acknowledges and agrees that his email address or other means of communicating with subscriber may be used to send him offers, information or any other commercially oriented emails or other means of communications. More specifically, other offers may be presented to the subscriber via email campaigns or other means of communications with a pre-selected preference or choice. If the subscriber does not deselect the pre-selected preference of choice (i.e. "OPT-OUT" of the offer) then the site may transfer the subscriber's personal profile information to the third-party service or content provider making the offer. If the subscriber deselects the pre-selected preference then no personal information about the subscriber may be disclosed to any third-party service or content provider.