 |
 |
|
 |
         |
 |
| |
| / Terms and Conditions |
| |
The following terms and conditions
govern your use and access to the DeluxePass.com network of websites, which currently
includes:
(1) www.deluxepass.com and
any sub-domains; (2) (collectively, the “Sites” or
individually, a “Site”). These Terms and Conditions also govern your
membership to a Site (or Sites) if you become a member. By accessing, using,
printing or downloading any material from any of the Sites, or becoming a member
to any one of the Sites, you agree to be bound by these Terms and Conditions.
If you do not agree to be bound by these Terms and Conditions, you may not enter
any of the Sites, you must exit the Site immediately and you may not use or access
any of the Sites or print or download any materials from them. You may use and
access the Sites only in accordance with these Terms and Conditions.
You are solely responsible for obtaining access to the Sites and that access
may involve third party fees (such as Internet service provider or airtime charges).
You are responsible for those fees, including those fees associated with the
display or delivery of advertisements. In addition, you must provide and are
responsible for all equipment necessary to access the Sites (i.e., computers,
modems, and software, including the most recent versions of Internet browsers,
applications, and plug-ins). |
| |
 I. ADULT ENTERTAINMENT |
 |
| The Sites offer online entertainment services
that may be deemed adult in nature and which may contain graphic depictions and
descriptions of explicit sexual activity. You acknowledge that you are aware
of the nature of the content provided by these Sites, that you are not offended
by such content and that you access the Sites freely, voluntarily and willingly. |
| |
| II. AGE OF MAJORITY |
|
| You represent and warrant that you are at least 18 or
21 years of age, depending on the age of majority in your jurisdiction, and that
you have the legal capacity to enter into this agreement. If you are not at least
18 or 21 years of age, depending on the age of majority in your jurisdiction,
you must exit the Site immediately and may not use or access the Sites or print
or download any Materials (as defined below) from them. |
| |
| III. NO CHILD PORNOGRAPHY |
|
| You understand that all models appearing on the
Sites are, and were at the time of all recorded images, at least 18 years of
age, and that the Sites contain no child pornography. We take a strong and definite
stand against child pornography and only publish images of consenting adults
for consenting adults. If you see any images, real or simulated, depicting minors
engaged in sexual activity within the Sites, please report to support@deluxepass.com.
Include with your report any appropriate evidence, including the date and time.
All reports will immediately be investigated and the appropriate action will
be taken. We enthusiastically cooperate with any law-enforcement agency investigating
child pornography. If you suspect other outside websites are participating in
unlawful activities involving minors, please report them to www.asacp.org. |
| |
| IV. PROTECT SPEECH |
|
| You further acknowledge that the Sites contain
only images protected by the First Amendment to the United States Constitution.
If you are seeking obscenity or child pornography, please leave this Site immediately. |
| |
| V. TRADEMARK INFORMATION |
|
| DeluxePass and the DeluxePass LOGO are trademarks
and service marks of Sandelwood (“Deluxe Pass”) in the United
States. Other manufacturers’ product and service names referenced herein
may be trademarks and service marks of their respective companies and are the
exclusive property of such respective owners. Deluxe Pass’ marks may not
be used publicly except with express written permission from Deluxe Pass, and
may not be used in any manner that is likely to cause confusion among consumers,
or in any manner that disparages or discredits Deluxe Pass.
|
| |
| VI. COPYRIGHT |
|
| All content included on the Sites, such as all literary
works, text, pictorial and graphical works, photographs, video and audio clips,
motion pictures and other audio visual works, video games, music, soundtracks,
button icons, streaming data, animation, images, compilations, .RAM files, .AVI
files, or any other software files (in object code or source code format) (collectively, “Materials”)
is the property of Deluxe Pass or its content suppliers and is protected by United
States and international copyright laws. The compilation of all content on each
Site is the exclusive property of Deluxe Pass and protected by United States
and international copyright laws. |
| |
| VII. ACCESS TO SITE |
|
| The Sites may contain links to other sites. Please
be aware that we are not responsible for the privacy practices of such other
sites. We encourage our users to be aware that when they leave our Sites they
should read the privacy statements of each and every web site that collects personally
identifiable information. |
| |
| VIII. RESTRICTIONS ON USE OF
SITES |
|
| Without the express prior written authorization
of Deluxe Pass, you may not: (A) duplicate a Site
or any of the Materials contained therein (except as expressly provided above
in Section VII); (B) create derivative works based
on a Site or any of the Materials contained therein; (C)
use the Sites or any of the Materials contained therein for any commercial purpose,
or for any public display or public performance; (D)
sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share,
use as a service bureau or otherwise assign to any third party the Materials
or any of your rights to access and use the Materials as granted in Section VII
above; (E) remove any copyright or other proprietary
notices from the Site or any of the Materials contained therein; (F)
frame or utilize any framing techniques in connection with the Sites or any of
the Materials contained therein; (G) use any meta-tags
or any other “hidden text” using Deluxe Pass’ name or marks;
(H) “deep-link” to any page of any of
the Sites except for the homepage, www.deluxepass.com;
(I) circumvent any encryption or other security tools
used anywhere on the Sites (including the theft of user names and passwords,
or using another person’s user name and password in order to gain access
to a restricted area of any of the Sites); (J) use
any data mining, robots or similar data gathering and extraction tools on the
Sites; (K) decompile, reverse engineer, or disassemble
any of the software aspect of the Materials except and only to the extent permitted
by applicable law, or (L) bookmark any page of any
Site beyond the membership log-in screen. |
| |
| IX. MEMBERSHIP |
|
a. Registration
You may access the non-public portion of any Site
only by being a member in good standing to that Site. You may become a member
of a Site by completing an online registration form, and paying the appropriate
fee, which may be recurring in nature. Upon submission of the online registration
form, Deluxe Pass or its authorized agent will process the application. In connection
with completing the online registration form, you agree to: (1)
provide true, accurate, current and complete information about yourself as prompted
by the registration form (such information being the “Registration Data”)
and (2) maintain and promptly update the Registration
Data to keep it true, accurate, current and complete at all times while you are
a member. If you provide any information that is untrue, inaccurate, not current
or incomplete, or Deluxe Pass or any of its authorized agents have reasonable
grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, Deluxe Pass has the right to suspend or terminate your account and
refuse any and all current or future use of the Site or Sites. |
| |
b.
Member Account, Password and Security
As part of the registration process, you will select a unique user name and password
which you must provide in order to gain access to the non-public portion of a
Site. You represent and warrant that you will not disclose to any other person
your unique user name and password and that you will not provide access to any
Site to anyone who is below the age of majority in your jurisdiction. You are
solely responsible for maintaining the confidentiality of your user name and
password and are fully responsible for all activities that occur under your user
name and password. You agree to (1) immediately notify
Deluxe Pass of any unauthorized use of your user name and password or any other
breach of security, and (2) ensure that you exit from
your account at the end of each session. |
| |
c.
Fees
You agree to pay all membership fees when due. Deluxe Pass posts the current
membership fees for each Site as part of the registration process. Deluxe Pass
reserves the right to change any Site's membership fees at any time, with or
without prior notice to you. At the time of registration, you must select a payment
method. Deluxe Pass reserves the right to contract with a third party to process
all payments. Such third party may impose additional terms and conditions governing
payment processing. Your account will be deemed past due if it is not paid in
full by the payment due date. If your account become past due, you agree to pay
interest on the past due amount at a monthly rate of 1.5%, or the highest amount
allowed by law, whichever is lower, compounded daily, plus any additional collection
costs, credits, charge backs and attorneys fees. Your card issuer agreement may
contain additional terms with respect to your rights and liabilities as a card
holder. You are responsible for reimbursing Deluxe Pass for all credit card charge
backs, dishonored checks and any related charges. |
| |
d. Billing Errors
If you believe that you have been erroneously billed, please notify us immediately
of such error. If we do not hear from you within thirty (30)
days after such billing error first appears on any account statement, such fee
will be deemed acceptable by you for all purposes, including resolution of inquiries
made by your credit card issuer. |
| |
e. Refund Policy
Deluxe Pass does not provide cash refunds. We
may, however, grant credits in the form of free monthly memberships to resolve
customer service issues. The billing system used by Deluxe Pass or our authorized
agents provides extensive credit card fraud protection measures and our Sites
include many features to protect users from accidental charges. Therefore, refunds
to your credit card will be provided only under the rarest of circumstances such
as persistent technical problems originating with our equipment. |
| |
| X. TERMINATION |
|
| You may cancel your membership at any time by providing:
(A) our customer service department with a notice
of your intent to cancel the membership along with your user name and password;
and (B) any outstanding fees owed for your membership.
Upon our processing of your request to cancel your membership, you will no longer
have access to the non-public areas of the Site or Sites to which you were a
member.
Deluxe Pass may terminate your access to a Site at any time, with or without
advance notice, if: (1) Deluxe Pass believes that
you have breached any material term of these Terms and Conditions, (2)
you fail to pay any amount due by the payment due date; or (3)
Deluxe Pass decides to cease operations or to otherwise discontinue any of the
Sites. Further, you agree that neither Deluxe Pass nor any third party acting
on our behalf shall be liable to you for any termination of your membership or
access to any of the Sites. You agree that if your account is terminated by Deluxe
Pass, you will not attempt to re-register as a member without prior written consent
from Deluxe Pass. |
| |
| XI. DISCLAMER OF WARRANTY |
|
| YOU EXPRESSLY AGREE THAT USE OF
ANY OF THE SITES OR ANY OF THE MATERIALS CONTAINED THEREIN IS AT YOUR DISCRETION
AND AT YOUR OWN AND SOLE RISK. THE SITES AND ALL MATERIALS CONTAINED THEREIN
ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. DELUXE PASS DOES
NOT OPERATE ITS AFFILIATES’ WEBSITES. DELUXE PASS MAKES NO REPRESENTATIONS
OR WARRANTIES THAT THE SITES OR ANY MATERIALS CONTAINED THEREIN WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; NOR DOES DELUXE PASS MAKE ANY REPRESENTATIONS
OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS
OF THE SITES OR ANY OF THE MATERIALS CONTAINED THEREIN. YOU ALSO UNDERSTAND AND
AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
DELUXE PASS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED
THROUGH THE SITES OR ANY TRANSACTION ENTERED INTO THROUGH THE SITES AND IS NOT
RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY SELLERS OR
THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES,
SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. |
| |
| XII. LIMITATION OF LIABILITY |
|
| IN NO EVENT SHALL DELUXE PASS (OR ITS LICENSORS, AGENTS,
SUPPLIERS, OR SERVICE PROVIDERS) BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR
ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING
LOSS OF PROFITS OR GOODWILL, FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS
AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT
OR OTHERWISE, EVEN IF DELUXE PASS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL DELUXE PASS’ MAXIMUM TOTAL AGGREGRATE LIABILITY
HEREUNDER FOR DIRECT DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE
OF A SITE OR SITES FOR A PERIOD OF NO MORE THAN SIX (6)
MONTHS FROM THE ACCRUAL OF THE APPLICABLE CAUSE OR CAUSES OF ACTION. |
| |
| XIII. INDEMNITY |
|
| Some Web sites which are linked to the Sites are owned and operated by third
parties not associated with our Company or our Affiliates. Because Deluxe Pass
has no control over such sites and resources, you acknowledge and agree that
Deluxe Pass is not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for any content,
advertising, services, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that Deluxe Pass shall
not be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or in reliance
on any such third-party content, goods or services available on or through any
such site or resource. If you decide to access any such third party sites, you
do so entirely at your own risk and subject to any terms and conditions and privacy
policies posted therein. |
| |
| XV. NOTICE OF CLAIMED INFRIGEMENT |
|
| Deluxe Pass respects the intellectual property of
others, and we ask our users to do the same. If you believe that your work has
been copied in a way that constitutes copyright infringement, or your intellectual
property rights have been otherwise violated, please provide Deluxe Pass’ Copyright
Agent the following information:
- (A) an electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright or other intellectual
property interest;
- (B) description of the copyrighted work or other
intellectual property that you claim has been infringed;
- (C) a description of where the material that you
claim is infringing is located on a Site;
- (D) your address, telephone number, and email address;
- (E) a statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright owner, its agent,
or the law;
- (F) a statement by you, made under penalty of perjury,
that the above information in your Notice is accurate and that you are the copyright
or intellectual property owner or authorized to act on the copyright or intellectual
property owner’s behalf;
You may send your Notice of Claimed Infringement to:
Attn.: Lawrence G. Walters, Esquire
Attn.: Lawrence G. Walters, Esquire
Weston, Garrou, DeWitt & Walters
781 Douglas Ave.
Altamonte Springs, FL 32714
Phone: (407) 975-9150
Fax: (407) 774-6150
E-mail: Notice@DMCANotice.com
Please do not send other inquires or information to our Designated
Agent. |
| |
| XVI. NOTICE AND TAKE DOWN
PROCEDURES |
|
| The Site implements the following "notice and takedown" procedure upon receipt
of any notification of claimed copyright infringement. The Site reserves the
right at any time to disable access to, or remove any material or activity accessible
on or from any Site or any Materials claimed to be infringing or based on facts
or circumstances from which infringing activity is apparent. It is the firm policy
of the Site to terminate the account of repeat copyright infringers, when appropriate,
and the Site will act expeditiously to remove access to all material that infringes
on another's copyright, according to the procedure set forth in 17 U.S.C. §512
of the Digital Millennium Copyright Act ("DMCA"). The Site's DMCA Notice Procedures
are set forth in the preceding paragraph. If the notice does not comply with
Paragraph 19 and §512 of the DMCA, but does comply with three requirements
for identifying sites that are infringing according to §512 of the DMCA,
the Site shall attempt to contact or take other reasonable steps to contact the
complaining party to help that party comply with the notice requirements. When
the Designated Agent receives a valid notice, the Site will expeditiously remove
and/or disable access to the infringing material and shall notify the affected
user. Then, the affected user may submit a counter-notification to the Designated
Agent containing a statement made under penalty of perjury that the user has
a good faith belief that the material was removed because of misidentification
of the material. After the Designated Agent receives the counter-notification,
it will replace the material at issue within 10-14 days after receipt of the
counter-notification unless the Designated Agent receives notice that a court
action has been filed by the complaining party seeking an injunction against
the infringing activity. The Site reserves the right to modify, alter or add
to this policy, and all users should regularly check back to these Terms and
Conditions to stay current on any such changes. |
| |
| XVII. GENERAL PROVISIONS |
|
a.
Governing Law
These Terms and Conditions and all matters arising out of or otherwise relating
to these Terms and Conditions shall be governed by the laws of the State of Florida,
excluding its conflict of law provisions. The parties agree that the United Nations
Convention on Contracts for the International Sale of Goods is specifically excluded
from application to these Terms and Conditions. The parties hereby submit to
the personal jurisdiction of the state and federal courts of the State of Florida.
Exclusive venue for any litigation or arbitration permitted under this Agreement
shall be with the state and federal courts located in Seminole County, Florida. |
| |
b.
Rights to Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate to provide an
aggrieved party with full compensation in the event of the other party’s
breach of Sections VII or VIII, and that an aggrieved party shall therefore be
entitled to seek injunctive relief in the event of any such breach, in addition
to seeking all other remedies available at law or in equity. |
| |
c.
Arbitration
If there is a dispute between the parties arising out of or otherwise relating
to these Terms and Conditions, the parties shall meet and negotiate in good faith
to attempt to resolve the dispute. If the parties are unable to resolve the dispute
through direct negotiations, then, except as otherwise provided herein, either
party may submit the issue to binding arbitration in accordance with the then-existing
Commercial Arbitration Rules of the American Arbitration Association. The arbitration
shall be conducted in Seminole County, Florida, and conducted by a single arbitrator,
knowledgeable in Internet and e-Commerce. The party bringing the action shall
be responsible for paying all costs for arbitration, including the arbitrator’s
fees. Each party shall bear its own attorneys’ fees (except if the matter
is for the collection of a debt owed in which case the prevailing party shall
be awarded its attorneys fees, all arbitration costs and the arbitrator fees
(if applicable), in addition to all other applicable remedies). The arbitrator
shall have no authority to award any punitive or exemplary damages; certify a
class action; add any parties; vary or ignore the provisions of these Terms and
Conditions; and shall be bound by governing and applicable law. The arbitrator
shall render a written opinion setting forth all material facts and the basis
of his or her decision within thirty (30) days of the conclusion of the arbitration
proceeding. This Section shall not apply to any breach (or any allegation which
if true would constitute a breach) of Sections VII or VIII, or any other matter
relating to intellectual property. |
| |
d.
Assignment
The rights and liabilities of the parties hereto will bind and inure to the benefit
of their respective assignees, successors, executors, and administrators, as
the case may be. Neither these Terms and Conditions nor any rights granted hereunder
may be sold, leased, assigned or otherwise transferred, in whole or in part by
you. |
| |
e.
Severability
If for any reason a court of competent jurisdiction or an arbitrator finds any
provision of these Terms and Conditions, or any portion thereof, to be unenforceable,
that provision will be enforced to the maximum extent permissible and the remainder
of these Terms and Conditions will continue in full force and effect. |
| |
f.
No Waiver
Failure by either party to enforce any provision of these Terms and Conditions
will not be deemed a waiver of future enforcement of that or any other provision,
and no waiver of one breach will constitute a waiver of subsequent breaches of
the same or of a different nature. |
| |
g.
Complete Agreement
These Terms and Conditions constitute the entire agreement between the parties
with respect to your access and use of any of the Sites and the Materials contained
therein, and your membership with any of the Sites, and supersedes and replaces
all prior or contemporaneous understandings or agreements, written or oral, regarding
such subject matter (except, to the extent applicable, any Download Agreement
or similar contract governing the parties’ rights and responsibilities
in connection with any specific Materials downloadable from a Site). No amendment
to or modification of these Terms and Conditions will be binding unless in writing
and signed by a duly authorized representative of both parties. |
| |
h.
Relationship Between the Parties
Deluxe Pass is an independent contractor; nothing in these Terms and Conditions
shall be construed to create a partnership, joint venture or agency relationship
between the parties. |
| |
i.
Headings
Section and subsection headings of these Terms and Conditions are inserted for
convenience only and shall not be deemed to constitute a part hereof nor to affect
the meaning thereof. |
| |
j. Force Majeure
Deluxe Pass shall not be responsible for any failure to perform due to unforeseen
circumstances or to causes beyond its reasonable control, including but not limited
to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms
or other natural disasters; war, riot, arson, embargoes, acts of civil or military
authority, or terrorism; fiber cuts; strikes, or shortages in transportation,
facilities, fuel, energy, labor or materials; failure of the telecommunications
or information services infrastructure; hacking, SPAM, or any failure of a computer,
server, network or software, including Y2K errors or omissions, for so long as
such event continues to delay Deluxe Pass’ performance. |
| |
k.
Export
You understand and acknowledge that the software elements of the Materials may
be subject to regulation by agencies of the U.S. Government, including the U.S.
Department of Commerce, which prohibits export or diversion of software to certain
countries and third parties. You will not assist or participate in any such diversion
or other violation of applicable U.S. laws and regulations. You warrant that
you will not license or otherwise permit anyone not approved to receive controlled
commodities under applicable U.S. laws and regulations and that you will abide
by such laws and regulations. |
| |
l.
Government Rights
The software elements of the Materials have been developed at private expense
and is “commercial computer software” or “restricted computer
software” within the meaning of the FARs, the DFARs, and any other similar
regulations relating to government acquisition of computer software. Nothing
contained herein will be deemed to: (1) grant any
government agency any license or other rights greater than are mandated by statute
or regulation for commercial computer software developed entirely at private
expense, or (2) restrict any government rights in
any extensions or custom solutions provided hereunder and developed at government
expense. |
| |
m.
Other Jurisdictions
Deluxe Pass makes no representation that this Site or any of the Materials contained
herein are appropriate or available for use in other locations, and access to
them from territories where their content may be illegal or is otherwise prohibited.
Those who choose to access this Site from such locations do so on their own initiative
and are solely responsible for compliance with all applicable local laws. |
| |
| XVIII.
CONSUMER RIGHTS INFORMATION - CALIFORNIA RESIDENTS ONLY |
|
| This Section applies only to Californian residents. In compliance with Section
1789 of the California Civil Code, please note the following:
Name of Service Provider:
DeluxePass.com
Contact Information:
Clement P. / support@deluxepass.com
Users who wish to gain access to the members-only section of any of the Sites
must be a member in good standing. Deluxe Pass posts the current membership fees
for each Site prior to the registration page for each Site. Deluxe Pass reserves
the right to change the membership fees at any time. Users may contact Deluxe
Pass at: support@deluxepass.com in
order to resolve any billing disputes or to receive further information about
any of the Sites. |
| |
| XIX. COMPLIANTS - CALIFORNIA
RESIDENTS |
|
| The Complaint Assistance Unit of the Division of Consumer Services of the
Department of Consumer Affairs may be contacted in writing at 1020 N. Street,
#501, Sacramento, CA 95814, or by telephone at 1-916-445-1254. |
| |
|
 |
|
 |
  |
 | |
 |