General Terms and Conditions
Ambavox AG, Chamerstr. 79, CH- 6303 Zug (the "Service Provider") is a provider of online, interactive video, audio, and live content. Please carefully read through these Terms and Conditions (the "Terms") prior to registering for a membership or becoming a subscriber to Service Provider. The Terms constitute a binding legal agreement (the "Agreement") between Service Provider and persons who decide to become subscribers to the Service Provider (the "Members" or "You").
Service Provider offers films and videos online.
Member Obligations
1. You certify that YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD (or the legal age of consent in your community) and have the legal capacity to enter into agreements of this nature. Service Provider makes no representation or warranty that the content published on Service Provider 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 Service Provider, namely, sexually explicit materials, and that you voluntarily and knowingly choose to view such material, and that such material 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. Further, You agree to provide accurate registration information to Service Provider. In the event that it is discovered that the registration information you provided is false your account will be immediately cancelled and you could be subject to civil and/or criminal penalties. One Member may not register for more than one account without the express authorization of Service Provider.
2. You may not use Service Provider for any commercial purposes. You may not solicit any other Members or performers for any services. This includes soliciting memberships to other internet Service Providers or similar services. Doing so subjects you to immediate civil and criminal liability. WE WILL SUE THOSE ENGAGING IN COMMERCIAL SOLICITATIONS ON OUR Service Provider.
3. If Service Provider is unable to collect payment for legitimate charges you have incurred using the Service Provider from your credit card or banking institution you agree to pay any and all amounts upon demand. You agree to take responsibility for any charges incurred on your account and further agree that you are the only authorized user of your account. If Service Provider does not receive payment from you within thirty (30) days of invoice date you agree to pay interest on the amount due in an amount not to exceed 2% per month (or the highest amount allowed by law, whichever is lower). Member shall be liable for all attorney and collection fees arising from Service Provider's efforts to collect any unpaid balance on your account(s).
4. Member agrees to notify Service Provider immediately upon change in the status of their credit card details or account details, including but not limited to, card expiration, unauthorized usage of the card, apparent breach of security or apparent compromise of Member's account details or password(s). Member shall remain liable for any charges incurred in any of these cases unless Service Provider is given reasonable and proper notice.
5. You acknowledge that we have no responsibility for supplying Members with computer equipment or communications connections necessary to access the Service Provider. Members are solely responsible for these items.
Pricing Structure
Service Provider is a fee based service. We charge monthly subscription rates for access to the site. CUSTOMER SHOULD ONLY PAY ATTENTION TO THE PRICE FROM SERVICE PROVIDER. DO NOT RELY ON THE REPRESENTATIONS OF OTHER WEBService ProviderS, MODELS, OR ANYONE OR ANYTHING ELSE OTHER THAN OUR ACTUAL PAYMENT PAGE! The basic membership fees are as follows:
ONE DAY (24 hour) trial membership for $4.95 or Euro 4.95 that converts to a recurring monthly membership twenty four (24) hours after sign up. Membership will not be renewed if cancelled by Member within the 23rd hour and can provide proof in the form of a cancellation confirmation email that is sent to Member upon cancellation by Service Provider. The recurring rate is $80 or Euro 80.
During certain promotional periods, 'Free Lifetime Memberships' might be available. This membership provides 24/7 access to the non-premium areas of the Service Provider. However, some credit card companies require a nominal $1.00 charge to verify the validity of a credit card. If the user sees a $1.00 charge on his statement Service Provider will refund such charge upon request. Per minute surcharges that are described in the preceding paragraph still apply.
Refund Policy
We do not issue refunds unless there are extenuating circumstances for which we feel a refund is merited. These may be things like great dissatisfaction with a model’s performance in premium chat or the Service Provider not working properly for some reason. In cases like these we will issue refunds in the form of Service Provider credit or cash on a case by case basis. Things such as other complaints the model has received or other customer comments will be taken into consideration. If any dissatisfaction arises as a result of a user's experience with an independent performer who uses the Service Provider software to host video chat rooms a refund will be issued in the form of Service Provider credit that can be used with other performers. It is necessary to contact our customer service department by phone for performer related complaints.
Billing Providers
Service Provider uses multiple billing Billing Partners to process credit card and check transactions. The following applies: To complete your purchase you will be transferred to the secured server, an independent company providing credit card and check processing services and other billing services for Web Service Provider operators, such as the owner and operator of this Web Service Provider.
Neither Billing Partner nor any person or company related to Billing Partner holds any ownership interest in this Web Service Provider, nor receives any financial benefit from this Web Service Provider, other than a fee paid by the owner of this Web Service Provider to Billing Partner for the services performed by Billing Partner.
Billing Partner HAS NO CONTROL OVER THE WEB Service Provider, or any of the design, layout, content, subject matter, products, services or persons that appear in or on or that are linked to the Web Service Provider, or the geographical areas into which it may disseminate, broadcast or permit the downloading of or access to the content or services offered by the Web Service Provider. Accordingly, Billing Partner makes absolutely no representations and/or warranties, and provides no assurances, regarding the Web Service Provider, the Web Service Provider owner, or the quality, availability, legality or description of the products and/or services offered thereon. Billing Partner EXPRESSLY DISCLAIMS AND WARRANTIES OF CLIENT'S ABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THIS WEB Service Provider AND/OR THE PRODUCTS AND SERVICES OFFERED HEREON. Any disputes arising in connection with this Web Service Provider, or the products and/or services being offered or purchased, are between you and the owner of this Web Service Provider. In certain circumstances, Billing Partner may provide billing customer service for the Web Service Provider, in which case Billing Partner may be handling such disputes for the owner on a contract basis, but without any liability therefore. In all other cases, disputes should be directed to the contact information contained on the Web Service Provider; however, you should feel free to contact Billing Partner in the event that you feel that the Web Service Provider operator acted fraudulently, or you were misled in any way. Billing Partner urges you to carefully read the Terms and Conditions on the Web Service Provider, and to ask the Web Service Provider operator any questions you may have regarding the service/product before completing the subscription or other transaction, by using the contact information on this Web Service Provider.
By submitting your request for authorization of your transaction, you acknowledge having read, understood and agreed to the terms and conditions herein stated, AND agree to indemnify, defend, and hold Billing Partner harmless from any and all liabilities, damages (including attorneys fees and associated costs) and other costs and expenses arising in connection with your visit to or use this Web Service Provider, and/or your purchase or offer to purchase any of the products and services offered hereon.
Indemnification and Warranty
Under no circumstances, including, but not limited to, negligence, shall Service Provider or any of its related, affiliated companies be liable for any direct, indirect, incidental, special, consequential or punitive damages that result from the use of, or the inability to use the Service. Subscriber specifically acknowledges and agrees that Service Provider is not liable for any defamatory, offensive or illegal conduct of any user, or for 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 under contract or tort theory, or under any other cause of action, for any amount over and above the amount paid by Subscriber to Service Provider for the three (3) months.
Service Provider MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. SUBSCRIBER'S USE OF THE SERVICE IS AT HIS/HER OWN RISK. Service Provider, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVER OR CONTENT IS LIABLE FOR ANY DIRECT INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING FROM YOUR ACCESS TO, USE OF, OR INTERPRETATION OF, THE SERVICE OR PRODUCTS OR SERVICES OR INFORMATION PROVIDED BY OR THROUGH THE SERVICE. WITHOUT LIMITING THE FOREGOING, Service Provider MAKES NO WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, OR NON- RESULTS OF THE USE OF THE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
Termination
1. Either you or Service Provider may terminate your membership at any time. This is your sole right and remedy with respect to any dissatisfaction with Service Provider, including, but not limited to, (1) any term, policy or practice of Service Provider in operating Service Provider, (2) Content available through Service Provider or change therein, or (3) any amount or type of fees, surcharges, billing methods, or change therein.
You can terminate your membership either by a written letter to the Service Provider's Customer Service Department Ambavox AG, Chamerstr. 79, CH- 6303 Zug, Switzerland, by fax to 0041 44 505 09 10 or by canceling your subscription in your account.
Please note that you have to use one of these 2 ways to cancel your subscription. No other cancelation will be accepted.
To ensure effective cancellation, please provide your login name, your full name, or the last 4 digits of the credit card number used to establish your account, or the country and full account number of your Direct Debit account. Your termination will take effect immediately upon Service Provider's receipt of your adequate notice as described above.
2. In the event that your account is terminated or canceled, no refund, including any membership fees, will be granted; no online time or other credits will be credited to you or can be converted to cash or other form of reimbursement. Active Service Provider Members may not allow former Members or other agents whose memberships have been terminated to use their accounts. Any delinquent or unpaid accounts or accounts with unresolved issues with the Customer Service department or other Service Provider departments must be concluded before you may re-register with Service Provider. Members using multiple accounts without prior express written permission from Service Provider shall have their membership terminated.
3. A trial account also need's to be canceld.
4. Period of cancellation
You have to terminate your subscription at least 2 hours before the next billing interval start's.
A standard interval is 30 days (720 hours)
For example: You start your account on the 1. Oct. 2008 at 11 a.m. The standard interval is 30 days. So the latest you can terminate your subscription is 31. Oct. 2008 at 8.59 a.m. the first time. For the second month it is 31. Nov. 2008 at 8.59 a.m. and so on.
For example for the trial subscription the subscription period is 1 day. So if you have subscribed on the 1. Oct. 2008 at 11 a.m. your cancelation has to be with the Service Provider at 8.59 a.m.
Member agrees to indemnify and hold harmless Service Provider, their officers, directors, managers, members, agents and employees from any against any claims, losses, liabilities or expenses (including reasonable attorneys' fees) arising out of Subscriber's breach of any term, condition or promise contained herein. Should any such claim for indemnification arise, or should any action be brought by Subscriber or Service Provider relating to any services or products offered by or through the Service, Subscriber agrees to submit to the personal jurisdiction of the courts of Netherlands. Should any such claim for indemnification arise, or should any action be brought by subscriber or Service Provider relating to any services or products offered by or through the Service Member agrees to submit to the personal jurisdiction of the courts of Switzerland.
This Agreement sets forth the full and complete understanding between Subscriber and Service Provider with respect to its subject matter, and supersedes all prior understanding or agreements, whether written or verbal. This Agreement may be modified upon notice by Service Provider to its Subscribers. Unless contrary to law or otherwise stated, each provision of this Agreement shall survive termination. This Agreement shall be governed by, and construed in accordance with, the laws of Switzerland for contracts entered into and wholly performed within that Country. The prevailing party in any suit to enforce the terms hereof shall be entitled to recover his/her/its reasonable attorneys' fees.
Switzerland
contact: admin@movie4me.net
1. April 2009
Access to and/or use of the Web Site is subject to the following terms and conditions (“Conditions”). Please read these Conditions carefully as your access to the Web Site and/or use of the materials, services and content included in it, signifies that you have read, understand and accept, without reservation, these Conditions.
In some cases, access to and/or use of specific content or services accessible through the Web Site may be subject to specific conditions that complement or modify the present Conditions. These specific conditions are accessible from the web page containing the content or services to which they relate or are provided when such content or service is accessed. The specific conditions will always prevail over these Conditions.
The Web Site is the property of Commerce Gate Ireland Limited ("CG"), registered in Ireland with company number 423009, and with corporate address at Unit 5, 2nd Floor, The Courtyard, Carmanhall Road, Sandyford, Dublin 18, Ireland. If you have any comment on these Conditions, please send an e-mail to contact@commercegate.com
1. Through the Web Site and the web pages located in it, you may access services, products, content and materials prepared by CG, on its behalf or by third parties. Access to and/or use of the Web Site is provided by CG without charge and anonymously. If in some cases it is necessary to process any personal data, this will be carried out in accordance with the CG's Privacy Policy. Click the link to review CG’s Privacy Policy.
2. You undertake to access and/or use the Web Site, its services, products, content and materials in accordance with these Conditions, the CG's Privacy Policy, applicable laws and accepted principles and practices, indemnifying CG and any third parties for any loss or damage that may be caused by you as a result of breaching this obligation.
3. You should consult the specific conditions applicable to each services, products, content and materials for the applicable requirements for access to them.
4. The services, products, content and materials are offered only in the languages indicated in the Web Site.
1. Copyright © Commerce Gate All rights reserved. All services, products, content and materials in the Web Site including, in particular but without limitation, text, images, graphics, animations, banners, sounds, files, software, databases, videos, trademarks, domain names, logos, combinations of colours, or any other element of the Web Site, its structure, source code or design is, save where expressly indicated, the exclusive property of CG or its licensors. CG reserves all rights in the Web Site, its services, products, content and materials, authorizing only access and/or use as expressly permitted by these Conditions. If you consider that the use of any services, products, content and materials protected by copyright and other intellectual or industrial property laws may infringe your rights or the rights of any other person or entity, CG would appreciate it if you could inform as soon as possible by sending an e-mail to legal@commercegate.com. CG would be pleased if you could state in the email your name, email address, and the rights that might be infringed giving evidence of the ownership of said rights. Once received the email, CG will investigate the matter and answer you as soon as possible. Thank you.
2. You may not modify, manipulate, transform, copy or reproduce in any non transitory form, publish, disclose, extract, imitate, create derived concepts, decompile, decode, reverse engineer, transfer, transmit, rent out, distribute, license, sublicense, sell or otherwise deal with the services, products, content and materials of the Web Site or any rights in the same, except with express written authorization of CG. In any case, it is forbidden to circumvent, delete or manipulate the copyright, digital fingerprints, watermarks or other technical protection devices or data identifying the CG's or its licensors' rights in the Web Site, its services, products, content and materials.
3. Should you be interested in any transaction or commercial activity in connection with the services, products, content and materials of the Web Site, please address your request to sales@commercegate.com.
4. The use over any page of the Web Site of frames not already included within the Website is strictly forbidden, except with prior written authorization of CG.
1. THE WEB SITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. CG MAKES NO WARRANTY AND/OR REPRESENTATION THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES, PRODUCTS, CONTENT AND MATERIALS WILL BE TRUTHFUL, CORRECT, COMPLETE AND/OR UP TO DATE, OR THAT ACCESS TO AND/OR USE OF THE WEB SITE, ITS SERVICES, PRODUCTS, CONTENT AND MATERIALS WILL BE UNINTERRUPTED, WITHOUT DELAY OR ERROR, OR VIRUS FREE.
2. THE WEB SITE, FOR CONVENIENCE OF VISITORS, MAY CONTAIN LINKS, WHETHER IN TEXTUAL OR GRAPHICAL FORMAT, TO THIRD PARTY SERVICES, PRODUCTS, CONTENT AND MATERIALS, PAGES OR WEB SITES WHICH ARE NOT CONTROLLED BY CG, AND CG THEREFORE ACCEPTS NO RESPONSIBILITY FOR THE SERVICES, PRODUCTS, CONTENT AND MATERIALS OR THE CONDITION OF SUCH WEB PAGES OR THEIR SERVICES, PRODUCTS, CONTENT AND MATERIALS. THE INSERTION OF SUCH LINKS DOES NOT SIGNIFY THAT THE CG IS AWARE OF, SHARES OR PROMOTES THE SERVICES, PRODUCTS, CONTENT AND MATERIALS OR OPINIONS OF THE OWNERS OF THOSE WEB SITES OR WEB PAGES. CG DOES NOT ASSUME ANY OBLIGATION TO VERIFY OR SUPERVISE THE SERVICES, PRODUCTS, CONTENT AND MATERIALS OR INFORMATION CONTAINED IN WEB PAGES AND WEB SITES ACCESSIBLE THROUGH THE LINKS ON THE WEB SITE.
3. YOU ARE AWARE AND VOLUNTARILY ACCEPT THAT ACCESS TO AND/OR USE OF THE WEB SITE, ITS SERVICES, PRODUCTS, CONTENT AND MATERIALS TAKES PLACE EXCLUSIVELY AT YOUR OWN RISK. CG WILL NOT BE LIABLE FOR ANY USE THAT YOU MAY MAKE OF THE WEB SITE, ITS SERVICES, PRODUCTS, CONTENT AND MATERIALS.
4. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY EXCLUDE ALL LIABILITY IN RESPECT OF:
a) LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR OTHER LOSSES, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL;
b) ANY CLAIM MADE AGAINST YOU BY ANY THIRD PARTY;
c) ANY CLAIM, LOSS OR DAMAGE THAT MAY BE CAUSED BY ACCESS TO AND/OR USE OF THE WEB SITE, ITS CONTENT OR SERVICES OR BY THEIR FAILURE TO FUNCTION; AND/OR
d) CLAIMS OR LIABILITIES ARISING OUT OF ANY OF THE FOLLOWING MATTERS:
- THE SERVICES, PRODUCTS, CONTENT AND MATERIALS (INCLUDING WITHOUT LIMITATION ITS NATURE OR ANY INTELLECTUAL PROPERTY RIGHTS THEREIN) OF ANY WEB SITE OR OTHER DATA, IMAGES, SOUNDS OR SERVICES THAT YOU MAY ACCESS THROUGH THE WEB SITE;
- LIABILITY TO ANY EMPLOYER, PRINCIPAL, CLIENT, OR LESSOR OR PROVIDER OF COMPUTER EQUIPMENT OR FACILITIES, ARISING OUT OF ACCESS TO AND/OR USE OF THE WEB SITE, ITS SERVICES, PRODUCTS, CONTENT AND MATERIALS;
- ANY CHARGES WHICH YOU MAY INCUR TO ANY NETWORK OR ANY SERVICES, PRODUCTS, CONTENT AND MATERIALS PROVIDER.
5. CG reserves the right to suspend, restrict or terminate access to, modify or update the Web Site, its services, products, content and materials unilaterally, at any time and without prior notice. CG will not be liable for any loss or damage resulting from the adoption of such measures.
6. CG reserves the right to amend these Conditions from time to time for legal reasons or due to changes in the provision of the CG 's services, products, content and materials or in the access to the same or the Web Site. The up to date version of the Conditions will always be available on the Web Site. If you do not agree with the Conditions, you may not access or use the Web Site, its services, products, content and materials
CG may at any time assign either in whole or in part, these Conditions or any of its rights, duties or obligations in these Conditions to any entity in CG’s Group without obtaining your prior consent. If you do not agree to such variation, your sole remedy shall be to terminate the access to the Web Site, services, products, content and materials or uninstall the software if any.
1. In respect of any dispute arising out of these Conditions, CG hereby submits to the jurisdiction of the courts of the domicile of CG.
2. These Conditions shall be governed by and construed in accordance with the law of the domicile of CG without prejudice to the mandatory rules of the courts hearing the matter.
3. Should any part of these Conditions be or be found to be invalid, illegal or unenforceable, this shall in no way affect the validity of the remaining parts.