As used herein, subscriber shall be referred to as "Subscriber" or "you" and caribbeancom.com as "Website" or "we." This Agreement will take effect and become legally binding when a user ID and password is issued to Subscriber by the Website. Subscriber shall fully comply with the terms provided below.
1. Compliance with Laws and Community Standards
You are familiar with and understand the standards and laws of the community in which you reside and/or from which you use the Website regarding sexually oriented media. If applicable to the community of your residence or use, you are familiar with and understand that certain sexually oriented media are prohibited unless censored or accompanied by any other method as may be provided by the applicable law of certain countries, including, but not limited, a requirement in Japan that display of private parts be covered with a mosaic or other authorized manner. You represent and warrant that, based on your familiarity with these standards and laws of applicable community, by requesting and receiving any of the adult material on the Website; you will not be violating any of these standards and/or laws. You understand and agree that by accepting the terms of this Agreement, you will hold the Website harmless from and against any responsibilities related to your requesting, receiving or possessing materials contained on the Website. Unless you agree with the terms of this Agreement, you are not permitted to use the Website. You further understand and agree that if you use the Website without compliance with the terms of this Agreement, the Website will take any remedial actions, including but not limited to termination of the Service.
2. Agreement to View Adult Material
This Website is designed and intended SOLELY for ADULTS - people who are at least 18 years old (or the legal age of majority in the jurisdiction in which you reside and/or use the Website, whichever is older)-- 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 the Website may include graphic visual depictions and descriptions of nudity and sexual activity and may NOT be accessed by anyone who is younger than 18 years old (or the age of legal majority in the jurisdiction in which you reside and/or use the Website, whichever is older) or who does not wish to be exposed to such materials. By purchasing a Membership you are making and agreeing to the following statements: "Under penalty of perjury under the applicable laws including the federal, state, or local laws of the United States, I swear/affirm that as of this moment, I am an adult, at least 18 years of age (or the age of legal majority in the jurisdiction in which I reside and/or use the Website, whichever is older)." "I promise that I will not permit any person(s) under 18 years of age (or the age of legal majority in the jurisdiction in which I reside and/or use the Website, whichever is older) to have access to any of the materials contained within the Website." "I understand that when I gain access to the Website, 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 and/or laws of the community in which I reside or use the Website regarding the acceptance of such sexually oriented materials, and the materials I expect to encounter are within those standards and permitted by the applicable laws. Especially if the laws of the community in which I reside and/or from which I access or use the Website so require or prohibit streaming or downloading certain material, I understand such requirements and prohibition and warrant that I comply with the applicable laws. If I reside in Japan or desire to use the Website from Japan regardless of my residence, I understand, agree and warrant that I am not allowed to and shall not download any material from the Website that is prohibited by the laws of Japan, including any material displaying private parts without any mosaic or other similar material covering the same.."
3. Membership Fees
You will be billed a membership fee in accordance with the designated schedule for usage of the services in the Website, the list of which is available in the Website (the "Service" or "Services"). You understand your credit card will automatically be billed each month for the current membership fee until you complete cancellation process of your membership. All sales are final. There will be no refunds, including partial refunds. Also, there is no cooling off period. If one of your registered credit cards was declined for any reason, we will impose what we call the "Recurring System" which will allow us to automatically charge any purchase to the other credit cards in our records. If any of your registered credit card(s) are declined for any reason including but not limited to expiration, you have 30 days from the recurring charge to provide us with updated account information and or a new card if necessary. The Website reserves the right to update credit card information utilizing third party services including but not limited to updating services provided by card associations or gateway providers. If you provide us with a new card, updated information and or updated information that we may have collected and are successfully charged within 30 days, your new membership period will be based on the original renewal date and not the date of the successful charge.
UNLESS YOU COMPLETE THE CANCELLATION PROCESS, YOU UNDERSTAND THAT YOUR MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY CREDIT CARD WE HAVE ON RECORD FOR YOU.
4. Right to Change Pricing, Content and Terms & Conditions
You agree that the Website has the right to change all pricing, website content and these terms & conditions of this Agreement at any time. Subscriber should check the terms & conditions and pricing periodically for changes. Your continued use of the Website following the posting of any changes shall be deemed as your acceptance of such change(s).
5. Termination or Suspension of Service by the Website
The Website reserves the right, in its sole discretion, to terminate and/or suspend the Service to you or any person without prior notice and for any reason, including, without limitation, if the Website believes that you have violated or acted inconsistently with the letter and spirit of these terms & conditions. You acknowledge and agree that the Website shall not be liable to you or any third party for any termination or suspension of your access to this website.
6. Cancellation of Service by Subscriber
If you desire to cancel your membership, please complete and submit the cancellation form located at Join Page. You must cancel your membership at least one day before your next billing cycle to avoid automatic recurring charges. Please note that your cancellation request will not be processed until we receive your cancellation form. When a request was made but was not completed properly (e.g. incomplete forms, sending errors, etc.), your cancellation request will not be processed.
7. Disclaimer of Warranties
You understand and agree that no warranty is made by the Website regarding the Service, and the Website hereby expressly disclaims: (1) any and all warranties as to the availability, accuracy or content of available through the Service; and (2) any warranties of merchantability or fitness for a particular purpose. You further understand and agree that any liability of the Website, its officers, directors, employees, agents or independent contractors, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in destruction, alteration, or use of (or unauthorized access to) records, whether for breach of contract, breach of warranty, negligence or other tortious behavior, shall be strictly limited to the amount paid to the Website by or on behalf of Subscriber for Service membership fees for the month in which the claimed injury or damage occurred. Under no circumstances will the Website or its officers, directors, employees, agents or independent contractors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, the Website. Customer Service, including but not limited to: responding to billing inquiries; investigations of unauthorized charges; and password setting/re-setting is provided by a third party, Allbright Information Services, Inc. Accordingly, the Website is not responsible, or in any way liable to users, for the actions or inactions of this third party service provider.
8. Computer System Requirements
You are responsible for providing all personal computer and telecommunications equipment and Internet access necessary to gain access to the Website and Services. In the event that you are not able to fully utilize the Service (i.e. due to difficulty downloading images etc.), and said failure is the result of poor performance of your computer system or Internet Service Provider, you shall not be entitled to any refunds of any amounts paid for the Service.
9. User ID and Password
Access to and use of the Service is through a combination of your user ID and password. Each Subscriber must keep his or her password strictly confidential. For security reasons, the Website will not release passwords for any reason. Unauthorized access to the Service is a breach of this Agreement and a violation of law.
10. Truthfulness of Information Provided
You hereby represent and warrant that any and all information provided in subscribing for the Service is complete, truthful and accurate. Subscribership may not be assigned or transferred to any other person or entity. You must promptly inform the Website 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. the Website shall not be liable for any losses or damages incurred by you as a result of unauthorized use of the Service. Upon request, you will be given access to billing records that support charges for use of the Service.
11. Prohibited Actions
You shall not engage in the following actions, which are strictly prohibited: (1) any action that is designed to crack the anti-copy code of any data owned or held by the Website, (2) the use of material on the Service for any use other than your private, personal use, (3) any action that causes or results in any losses or damages to the Website or any third party, (4) any action that violates the standards and laws of the community in which you reside or use the Website regarding sexually-oriented media (including but not limited to downloading from the Website, while you are in Japan, any material displaying private parts without any mosaic or other material covering the same or any other material unless such material is permitted by the laws of Japan), (5) any action that obstructs the normal utilization of Internet connections to the public, and (6) any other action which is determined to be improper by the Website.
You agree to indemnify and hold the Website and its affiliates, and their respective officers, directors, agents, partners, contractors and employees harmless from and against any and all claims, expenses, and demands, including attorneys' fees, made by any third party due to, arising out of, or asserted in connection with your use or misuse of the Website, including claims relating to your use of the Website. The Website reserves the right to have control of any defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate with the Website in asserting available defenses.
13. Prohibition against Copying
Except for public domain material and electronic messages, all material displayed on the Service is copyrighted and may not be copied, redistributed or downloaded, in whole or in part, without the prior written consent of the Website, unless otherwise clearly stated in this Agreement.
14. Private Use
The material on the Service is for the private, non-commercial enjoyment of Subscribers only. Any other use is strictly prohibited.
Notices from the Website to Subscribers may be given by means of e-mail, by general posting on the Website, or by U.S. mail, which may include, but may not limited to, promotions, special offers, and other information about the Website and/or any other website(s) or business(s) affiliated with the Website. Furthermore you hereby acknowledge and accept that by submitting a request for membership to the Website, whether the submission is successful or unsuccessful, You are subject to receiving such notices from the Website, and/or any other website(s) or business(s) affiliated with the Website. Communications from Subscribers to the Website may be made by e-mail, U.S. mail or telephone.
US Operation: DTI Services, Inc.
601 South Figueroa Street, Suite 4300, Los Angeles, California 90017
UK Operation: DI Serv Limited
Address: 82 St. Johns Street London, EC1M 4JN
This Agreement contains the entire agreement between Subscribers and the Website regarding the use of the Service, and supersedes all prior written and oral understandings and writings, and may only be amended upon notice by the Website to Subscribers. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its terminations. The Agreement shall be governed by the laws of the State of California.