BelAmi Terms and Conditions
Posted by - NA -, Last modified by on 30 June 2006 08:25 AM
You must read and agree to these terms and conditions before you can join this service (the "Service"). Please read them carefully.
1.THIS SERVICE SITE IS FOR ADULTS ONLY. The Service contains sexually explicit material, nudity, full motion video and adult language. These pages are not intended to be viewed by minors or persons under 18 years of age. Under no circumstances are minors, persons under 18 of age or persons from anywhere where it is illegal to view such adult material or where viewing such adult material would violate community standards allowed to access or view the Service.
2.By enrolling for membership to this Service, you become a Subscriber and agree to be bound by this Agreement (the "Agreement"). This Agreement is subject to change by the Service at any time, and changes are effective immediately upon notice to each Subscriber.
3.Subscriber is responsible for paying periodic subscription fees according to the then-current billing terms of the Service. Subscription fees are non refundable.Â Effective 1 November, 2003 all memberships shall be charged as follows (memeber can select from the following choices):
Subscriber hereby further authorizes the Service to charge Subscriber's credit card, checking account, or other approved facility for any and all purchases of products, services and entertainment provided by the Service.
3. If you decide to cancel your trial subscription, you must do so at least 48 hours prior to the first monthly rebill date referenced at your account status (http://www.belamionline.com/ccregister/accountstats.asp). If you do not cancel at least one day prior to the end of the Trial Period, you are agreeing to continue as a regular subscriber upon the terms and conditions for regular subscriptions set forth herein, and you authorize the Company or its authorized agent to charge your credit card (or other approved payment facility) at the then-current monthly rate on a recurring basis until you terminate your subscription.
4. Subscribtion termination
5.If you purchase a regular subscription, or if you purchase a trial subscription and do not cancel at least 48 hours prior to the end of the Trial Period, you hereby authorize the Company or its authorized agent to charge your credit card (or other approved payment facility) for periodic recurring subscription fees according to the then-current billing terms for the Site. If you cancel your subscription, your termination becomes effective at the end of the current billing period, otherwise your subscription will be automatically renewed for successive 30 day periods, and your credit card (or other approved payment facility) will be charged at the then-current subscription rate. Subscription fees are earned upon receipt and are non-refundable, whether or not termination is at your request. Subscription rates are subject to change at any time without notice. You are liable for any subscription charges incurred by you up to and until termination of your subscription to the Site.
6. Subscriptions may not be assigned or transferred to any other person or entity. Subscriber must promptly inform the Service by e-mail at firstname.lastname@example.org of the following: changes in the expiration date of any credit card used in connection with Service; changes in Subscriberâ€™s home or billing address; changes in Subscriber's e-mail address; and any apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of Subscriberâ€™s ID or password. Until the Service is notified by e-mail of a breach in security, the Subscriber will remain liable for any unauthorized use of the Service.
7.Subscriber is 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 a combination of an ID and a password. Subscriber must keep his or her password strictly confidential. REMEMBER YOUR PASSWORD! The Service will only release a password (which may have been lost) to Subscriber upon request at http://www.belamionline.com/ccregister/sendinfo.asp or by ticket sent to HelpDesk section of site http://www.belamionline.com/helpdesk containing Subscriber's full name, e-mail address at time of joining and any other information that may be helpful in identifying Subscriber. Unauthorized access to the Service is a breach of this Agreement and a violation of law.
8.Any liability of the Service 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 behavior, negligence, or under any other cause or action, shall be strictly limited to the amount paid by or on behalf of the Subscriber for the use of the Service (excluding any and all amounts paid in connection with the purchase of merchandise) for the preceding one (1) month. The Service shall have no liability to Subscriber for non-performance caused by events beyond the control of the Service. THE SERVICE SHALL NOT BE LIABLE TO SUBSCRIBER UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, UNDER ANY CIRCUMSTANCES WHATSOEVER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.The Service does not guarantee that the Service will be error free or operate without defect. NO WARRANTY IS MADE BY THE SERVICE REGARDING ANY INFORMATION, SERVICE, OR PRODUCT PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, AND THE SERVICE HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES; 2) ANY WARRANTIES AS TO THE FREQUENCY OR QUALITY OR QUANTITY OF UPDATES; AND 3) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
10.All material displayed on the Service is protected under copyright and may not be copied, redistributed, or downloaded other than for private personal viewing, in whole or in part, without the prior written consent of the Service
11.The material on the Service is for the private, non-commercial enjoyment of Subscribers only. Any other use is prohibited.
12.Subscriber agrees not to engage in advertising to, or solicitation of, other Subscribers to buy or sell any products or services through the Service without prior written consent of the Service. Subscriber is responsible for information he or she sends or display through the Service even if a claim should arise after termination of service.
13.The Service reserves the right to remove any material from the Service without notice in the event the Service receives notice that such material violates any right of any kind of any third party, including without limitation rights under copyright, libel and privacy laws.
14.The Service makes no representations or warranties of any kind as to third party materials posted on the Service by Subscribers. Subscriber shall indemnify and hold harmless the Service from any and all liability and costs (including without limitation court costs and reasonable attorneysâ€™ fees) arising from the unauthorized posting by Subscriber of materials in violation of any right of any kind of any third party, including without limitation rights under copyright, libel and privacy laws.
15.There are no facilities provided by the Service for sending or receiving private or confidential electronic communications. All messages shall be deemed to be readily accessible to the general public, except for messages between Subscriber and Service. Do not use the Service for any communication for which you intend only the you and the intended recipient(s) to read. Notice is hereby given that all messages entered into this Service can and may be read by the Service, whether or not the Service is an intended recipient.
16.By participating in the message boards provided through the Service, Subscriber grants to the Service the perpetual, royalty-free, non-exclusive right and license, under copyright and otherwise, to use Subscriberâ€™s questions, comments and postings in books, articles and commentaries or otherwise in any medium now known or developed hereafter. Subscriber hereby waives any and all so-called "droit moral" or "moral rights" in any and all such materials posted on the Service by Subscriber.
17.Notices by the Service to Subscriber may be given by means of e-mail, electronic messages through the Service, or by a general posting on the Service. Notices by Subscribers may be given by electronic messages and/or e-mail. All questions, notices, contributions or complaints to the Service by means of electronic message must be sent to the webmaster of the Service at http://www.belamionline.com/helpdesk/.
18.Subscriber hereby warrants and represents that he or she is over the age of 18, wishes to view sexually explicit material, will not allow anyone under the age of 18 access to the Service or any material contained in the Service, is in all respects qualified and competent to enter into this Agreement, and that Subscriber's access to the Service will not violate any local, state, federal and/or national laws or community standards. Subscriber shall indemnify and hold harmless the Service from any and all liability and/ or costs (including without limitation court costs and reasonable attorneys' fees) arising from any claim or potential claim alleging a breach of the representations and warranties made by Subscriber in this Agreement.
19.The Service reserves the right to refuse membership or continuing membership in the Service to any Subscriber or potential Subscriber at any time with or without cause.
20.This Agreement contains the entire agreement between the Subscriber and the Service regarding the use of the Service, and supersedes all prior written and oral understandings, and may only be amended upon notice by the Service. The waiver by the Service of any breach of the terms and conditions of this Agreement by Subscriber shall not constitute the waiver of any subsequent or similar breach. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, USA applicable to agreements entered into and to be wholly performed therein. Any legal dispute regarding this Agreement shall be settled in a court of competent jurisdiction, state or Federal, in the State of New York, USA.
21.The Service makes no representations and/or warranties about the security of encrypted and/or unencrypted data stored on or communicated through the Service, and will not be responsible for the loss, interception or theft of encrypted or unencrypted data. Subscriber shall indemnify and hold the Service harmless for any and all claims arising from the breach of security of encrypted information stored on or communicated through the Service.
22. In the event you fail to comply with any of the foregoing terms, without limitation of any other rights and remedies the Service may have under law, the Service shall have the absolute right to immediately and without notice terminate your subscription without refund to or recourse from you.