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MEMBERSHIP AGREEMENT
As used herein, subscriber shall be referred to as "Subscriber" or "you" and
caribbeancom.com as "Caribbeancom.com" or "we." This Agreement will take
effect when a user ID and password is issued to Subscriber by Caribbeancom.com.
Accordingly, all charges for the Service shall commence upon issuance
of the user ID and password to Subscriber.
1. Compliance with Laws and Community Standards. You are familiar with
and understand the standards and laws of the community in which you live
regarding sexually oriented media. You represent that, based on your
familiarity with these standards and laws of your community, by requesting
and receiving any of the adult material on Caribbeancom.com; you will
not be violating any of these standards and/or laws. You understand that
by accepting the terms of this Agreement, you will hold Caribbeancom.com
harmless from and against any responsibilities related to your requesting,
receiving or possessing materials contained on its site.
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)-- 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 this website may include graphic visual depictions
and descriptions of nudity and sexual activity and should 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) 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, 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)." "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) to have access
to any of the materials contained within this site." "I understand that
when I gain access to this 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 in my community
regarding the acceptance of such sexually oriented materials, and the
materials I expect to encounter are within those standards. In my judgment,
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, and will
not find such materials to appeal to a prurient interest or to be patently
offensive."
3. Membership Fees. You will be billed a membership fee in accordance
with the designated schedule to gain access to this website for usage
of the services, information and products offered by the Caribbeancom.com
website (the "Service" or "Services"). You understand your credit card
will automatically be billed each month for the current membership fee
until you request cancellation of your membership. All sales are final. There will be no refunds, including partial refunds. Also, is no cooling off period. As of May 20, 2008, if your registered credit card was declined for any reason, we will automatically charge your other registered credit card (Recurring System).
4. Right to Change Pricing, Content and
Terms & Conditions. You agree
that Caribbeancom.com has the right to change all pricing, website content
and these Terms & Conditions at any time. Subscriber should check
the Terms & Conditions and pricing periodically for changes. Your
continued use of the Caribbeancom.com website following the posting of
any changes shall be deemed as your acceptance of such change(s).
5. Termination or Suspension of Service
by Caribbeancom.com. Caribbeancom.com
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 Caribbeancom.com believes that you
have violated or acted inconsistently with the letter and spirit of these
Terms & Conditions. You acknowledge and agree that Caribbeancom.com
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 send a customer care representative a Cancellation
Request Form at least one week prior to the date of expiration of your
account.
7. Disclaimer of Warranties. You understand and agree that no warranty
is made by Caribbeancom.com regarding the Service, and Caribbeancom.com
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 Caribbeancom.com, 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 Caribbeancom.com
by or on behalf of the claimant for Service membership fees for the month
in which the claimed injury or damage occurred. Under no circumstances
will Caribbeancom.com 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 Caribbeancom.com website. Customer Service, including but not limited to: responding to billing inquiries; investigations of unauthorized charges; fulfillment and shipping services; and password setting/re-setting is provided by a third party, Allbright Information Services, Inc. Accordingly, Caribbeancom.com 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, Caribbeancom.com
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
Caribbeancom.com 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. Caribbeancom.com
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 Caribbeancom.com, (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 Caribbeancom.com or any third party, (4) any action that violates
the standards and laws of the community in which you live regarding sexually-oriented
media, (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 Caribbeancom.com.
12. Indemnification. You agree to indemnify and hold Caribbeancom.com
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 this web site, including claims relating to your
use of this web site. Caribbeancom.com 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 Caribbeancom.com 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 Caribbeancom.com, 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.
15. NOTICES. Notices from CARIBBEANCOM.COM to Subscribers may be given
by means of e-mail, by general posting on CARIBBEANCOM.COM, or by U.S.
mail, which may include, but may not limited to, promotions, special
offers, and other information about CARIBBEANCOM.COM and/or any other
website(s) or business(s) affiliated with CARIBBEANCOM.COM. Furthermore
you hereby acknowledge and accept that by submitting a request for membership
to CARIBBEANCOM.COM, whether the submission is successful or unsuccessful,
that You are subject to receiving such Notices from CARIBBEANCOM.COM,
and/or any other website(s) or business(s) affiliated with CARIBBEANCOM.COM.
Communications from You to the Company may be made by e-mail, U.S. mail
or telephone.
US Operation: DTI Services, Inc
UK Operation: DI Serv Corp Limited
16. This Agreement contains the entire agreement between the Subscriber
and Caribbeancom.com regarding the use of the Service, and supersedes
all prior written and oral understandings and writings, and may only
be amended upon notice by Caribbeancom.com 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.