Membership Agreement
As used herein, that party that enters into the following usage agreement with respect to this website (hereinafter the "Agreement") shall be referred to as the "User" and caribbeancompr.com as "the Website." This Agreement will take effect when the Website issues a user ID and password to the User, and the User will be bound thereby. The User will abide by the provisions of the Agreement as described herein.
1. Compliance with Laws and Community Standards
The User fully understands the laws and other legal restrictions of the community in which the User utilizes the Website regarding sexually oriented content and other materials that may be considered obscene or pornographic, and further understands that, depending upon the community in which the Website is accessed, such pornographic media may be prohibited as a matter of law, and that the laws of the nation of Japan in particular require that depictions of genitalia be censored via a mosaic pattern, or some other approved method of censorship. The User understands that, while viewing, streaming, or downloading any of the adult material on the Website, the User must obey the laws and other legal restrictions of the community in which the User utilizes the Website. Furthermore, by accepting the terms of the Agreement, the User represents that the User will hold the Website harmless from and against any legal ramifications that may result from the User's accessing of the Website. The User will agree to each and every term of use that appears whenever the User utilizes any of the content on the Website before utilizing such content. The User further understands that should the User utilize content on the Website without agreeing to each and every term of use that appears, the Website will take any and all actions it deems appropriate against the User, including termination of the User's use of the Website.
2. Agreement to View Adult Material
(i) This Website contains visual images, verbal descriptions and audio sounds of a sexually oriented, erotic nature, and 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 the User resides or utilizes the Website, whichever is higher)-- who are interested in and wish to have access to such content. The materials which are available within the Website may include graphic visual depictions and descriptions of nudity and sexual activity and access by anyone who is younger than 18 years old (or the age of legal majority in the jurisdiction in which the User resides or utilizes the Website) or who does not wish to be exposed to such materials, is expressly forbidden. By utilizing or purchasing the content available on this Website the User makes and agrees to the following statements: "Under penalty of perjury according to the 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 or utilize the Website, whichever is higher)." "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 they reside or utilize the Website) 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 use of this site includes content that is representative of sexual preferences that are healthy, normal, and shared by average adults in my community. I am familiar with the standards in my community, or in the community in which I access the Website, regarding the acceptance of such sexually oriented materials, and I have confirmed that the content 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, under the presumption that such materials will not be shown to minors and unwilling adults, and the content from this Website that I have selected is not prohibited by law, nor is it excessively offensive. Furthermore, I fully understand that, depending on the region in which I utilize this Website, streaming or downloading the content of this Website may be illegal, or otherwise restricted by law. In particular, I understand that this Website contains content that would be considered illegal, obscene material in the nation of Japan, and that downloading such illegal content in Japan is prohibited, that I comprehend this prohibition, and pledge not to download any such prohibited content when such abstention would be appropriate under the circumstances."
(ii) All content provided to our members is professionally produced content; consenting parties of legal age. Should any member of our community view content that they could be deemed illegal, could potentially violate the card brand rules and or jeopardize the integrity of the payment network, that content should be immediately reported using the inquiry form in the contact us section of our website. All inquiries will be reviewed and resolved within seven business days and most are reviewed and resolved within 48 hours. Any content that is deemed illegal will be immediately removed and reported to our acquiring/banking institutions.
3. Fees
The fee-based services, information and products offered by the Website (the "Service" or "Services") may be purchased through Pay Per View transactions, where the User pays a onetime fee as stated on the Website for any Service the User wishes to purchase ("PPV"). To purchase a Service on the Website, the User must create a D2Pass account at www.d2pass.com. After providing all the required information, a user ID and password will be provided to the User, which the User will use to purchase any of the Services. The User must stream download any purchased PPV Service during a specific time period as designated by the Website. The User will be charged the designated fee at the time of purchase, regardless of whether the User actually streams downloads, views or otherwise accesses the purchased PPV Service. Failure to stream download the purchased PPV Service during the specific time period as designated by the Website will result in the forfeiture of the payment and the User will only be able to access the same PPV Service upon paying a new fee. After purchasing the PPV Service, the User will be able to view or otherwise access the content for as long as all of the following remain true: 1. the User's registration has not been terminated or suspended and remains active; 2. The User has not violated, or acted inconsistently with, any of the Terms and Conditions or any of the Website's rules or User obligations; 3. the purchased PPV Service remains in the Website's active catalogue and; 4. the Website remains in operation an unlimited period and/or number of times. All sales are final. There will be no refunds, including partial refunds.
Furthermore, this Website operates under the laws of the state of California, and there is no cooling off period. The Website utilizes a recurring system wherein, in the event the registered credit card cannot be charged, all purchases shall be automatically charged to any other credit card registered with the Website. The User understands and agrees that if the Website is unable to charge for the Services the User availed to the User's registered credit card for any reason, including but not limited to its expiration, the User cannot download the same for viewing. To avoid such occurrence, the User must make sure to contact the Website and register a new credit card or provide updated information of the previously registered credit card, whatever the case may be, within 30 days of the date in which the User was automatically charged. The company also 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 the User provides a new credit card, updates the registered information for any existing card, or the Website is able to charge for the Services availed to the User using information gathered through third party services, the User's membership with the Website shall continue uninterrupted from the User's initial registration date.
The User understands that, unless the User terminates his or her membership with the Website, the User will be automatically charged for continuation of the membership without notice (unless notice is otherwise required by law), and that any other credit cards registered with the Website may be charged the appropriate membership fee and any applicable taxes.
4. Right to Change Pricing, Content and Terms & Conditions
The User agrees that the Website has the right to change all pricing and website content at any time and for any reason. However, any changes to these Terms & Conditions shall be posted at least thirty (30) days before such change(s) take effect. The User's continued use of the Website following the validity date of the changes to the Terms and Conditions shall be deemed as the User's 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 User's registration and any or all of the Services to the User or any person without prior notice and for any reason, including, without limitation, if the Website believes that the User has violated or acted inconsistently with the letter and spirit of these Terms & Conditions. The User acknowledges and agrees that the Website shall not be liable to the User or any third party for any termination or suspension of the User's access to this Website.
6. Termination or Suspension of Membership by the User
In the event the User seeks to terminate the User's membership with the Website, the User will fill out and submit the designated membership termination form available on the homepage of the Website. In order to avoid being automatically charged for renewal of the membership, the User must complete the membership termination procedures no later than the day before the User's account is set to be renewed. Furthermore, the membership will not be considered terminated until the membership termination form has been submitted. Note that, in the event the User submits an incomplete membership termination form, or there is an error in transmission of the membership termination form, the membership termination process will not be deemed complete by the Website.
7. Disclaimer of Warranties
The User understands and agrees 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 and¡¡accuracy of the contents in the Website as well as those available through the Website and/or Service provided therein; and (2) any warranties of merchantability or fitness for a particular purpose of any product available for purchase in the Website. The User further understands and agrees 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, 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 of the membership fee paid for the month during 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
The User is responsible for providing all personal computers, mobile devices and telecommunications equipment and Internet access necessary to gain access to the Website and Services. In the event that the User is 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 the User's computer systems, mobile devices or Internet Service Provider, the User 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 the User's user ID and password. Each User 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
The User hereby represents and warrants that any and all information provided in subscribing for the Service is complete, truthful and accurate. Subscription may not be assigned or transferred to any other person or entity. The User 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 the User as a result of unauthorized use of the Service. Upon request, the User will be given access to billing records that support charges for use of the Service.
11. Prohibited Actions
The User 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 the User's 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 the User lives, or accesses the Website, regarding sexually-oriented media (including downloading any content from the Website that may be deemed illegal, obscene content by the laws of the nation of Japan, while the User is located in Japan), (5) any action that obstructs the normal utilization of Internet and/or mobile devices¡¡connections to the public, and (6) any other action which is determined to be improper by the Website.
12. Indemnification
The User agrees 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 the User's use or misuse of this Website. The Website reserves the right to have control of any defense and control of any matter otherwise subject to indemnification by the User. The User agrees to cooperate with the Website in asserting available defenses.
13. Prohibition against Copying
Except for content that is in the public domain and electronic messages, all content 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.
14. Private Use
The content on the Service is for the private, non-commercial enjoyment of Users only. Any other use is strictly prohibited.
15. Notices
Notices from the Website to Users may be given by means of e-mail or by general posting on the Website, which may include, but may not be 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, the User hereby acknowledges and accepts that, by submitting a request for membership to the Website, whether the submission is successful or unsuccessful, the User is subject to receiving such Notices from the Website, and/or any other website(s) or business(s) affiliated with the Website. Communications from the User to the Website may be made by e-mail, U.S. mail or telephone.
US Operation: DTI Services, Inc.
Address: 601 South Figueroa Street, Suite 4300, Los Angeles, California 90017
UK Operation: DI Serv Limited
Address: 82 St. Johns Street London, EC1M 4JN
16. Entire Agreement
This Agreement contains the entire agreement between the User 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 Users. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination. The Agreement shall be governed by the laws of the State of California.
17. Bundle Tickets
Bundle Tickets are a system whereby Users may use tickets to purchase content they wish to view. Bundle Tickets are only valid for a set, prescribed period (within 30 days of purchase), and may not be used after such period. After the User makes his or her first purchase of the Bundle Tickets, the amount of money spent on such first purchase will be automatically charged to the credit card designated by the User to purchase the same number of Bundle Tickets at the end of each prescribed period, unless and until the User terminates his or her Bundle Ticket purchasing arrangement. Note that the Website will not change, cancel, refund, or partially refund, any purchase made on the Website once the purchase has been finalized. Furthermore, this Website operates under the laws of the state of California, and there is no cooling off period. As of May 20, 2008, the Website utilizes a recurring system wherein, in the event Website is unable to charge a credit card registered by the User with the Website for any reason, the Website will automatically charge any other credit card registered by the User with the Website. Unless the User submits the designated termination form found within the Website within 1 week of the expiration of the Bundle Tickets purchased by the User, the Bundle Tickets will not be deemed terminated.