PinkVisual.com Terms and Conditions
1. By becoming a member of this service (the "Service"), you become a Subscriber and agree to be bound by this Agreement (the "Agreement"). This agreement is subject to change at any time, and changes are effective upon notice to each Subscriber.
2. Some or all of the following fees and charges may be incurred by the Subscriber: Subscription fees. The subscriber is responsible for paying periodic subscription fees according to the then-current billing terms.
3. Unless and until this agreement is cancelled in accordance with the terms hereof, Subscriber hereby authorizes the "Service", or Service's third party billing processor, to charge subscriber's credit card to pay for the ongoing cost of membership. Subscriber hereby further authorizes the "Service", or Service's third party billing processor, to charge Subscriber's credit card for any and all purchases of products, services and entertainment provided by pinkvisualpass.com. Subscribership may not be assigned or transferred to any other person or entity. Subscriber must promptly inform billing 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. Until pinkvisualpass.com is notified, by e-mail of a breach in security, the Subscriber will remain liable for any unauthorized use of the Service. Upon request, Subscribers will be given access to billing records that support charges for use of the Service.
4. Payment for the appropriate services may be made by automatic credit card debit. Members will be automatically renewed for the original term upon expiration, unless pinkvisualpass.com is notified via email, along with your UserName and Password, 48 hours prior to membership expiration. Three or Seven Days Special Introductory Trial Memberships shall renew at the normal one-month membership rate of Thirty-Nine dollars and Ninety-Five cents. Three or Seven Day Special Introductory Trial Memberships do not grant the member access to the full selection of content or full range of benefits of the Service. Trial Memberships receive access to a reduced amount of content and services, which is upgraded to full access upon the renewal to the full one-month membership, or upon request of the subscriber via "Membership Upgrade" links present in the password protected area of the Service.
5. Subscription to the Service may be terminated at any time, and without cause, by either pinkvisualpass.com or the Subscriber upon notification of the other by electronic mail. Subscribers are liable for charges incurred by them until termination of service.
6. Subscribers are responsible for providing all personal computer and communications equipment necessary to gain access to the Service. Access to and use of the Service is through a combination of an ID and a password. Each Subscriber must keep his password strictly confidential. Remember your password! For security reasons, pinkvisualpass.com will not release passwords for any reason, except as may be specifically required by law or court order. Unauthorized access to the Service is a breach of this Agreement and a violation of law.
7. Any liability of pinkvisualpass.com including without limitation any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortious behavior, negligence, or under any other cause or action, shall be strictly limited to the amount paid by or on behalf of the subscriber to pinkvisualpass.com for the preceding 12 months. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
8. No warranty is made by pinkvisualpass.com regarding any information, services, or products provided through or in connection with the Service, and pinkvisualpass.com hereby expressly disclaims any and all warranties, including without limitation:1) any warranties as to the availability, accuracy, or content of information, products, or services; 2) any warranties of merchantability or fitness for a particular purpose. Some states/provinces do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
9. Except for public domain material and electronic messages, all material displayed on the Service is copyrighted by Ventura Content, AVV and may not be copied, redistributed, or downloaded, in whole or in part, without the prior written consent of the copyright owner, unless otherwise clearly stated in this Agreement.
10. The material on the Service is for the private, non-commercial enjoyment of Subscribers only. Any other use is prohibited.
11. The Service enables Subscribers to share information with other Subscribers. Subscribers agree not to submit, publish, or display on the Service any defamatory, inaccurate, abusive, threatening, racially offensive, or illegal material. Transmission of such material that violates any federal, state, or local law, is prohibited and is a breach of this Agreement.
12. Subscribers agree not to engage in advertising to, or solicitation of other Subscribers to buy or sell any products or services through the Service without prior written consent. Subscribers are responsible for information they send, or display through the Service even if a claim should arise after termination of service.
13. When you visit and purchase a membership to pinkvisualpass.com operated sites or provide us your email to request free promotional newsletters and advertising, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically and, upon your cancellation, hereby explicitly authorize pinkvisualpass.com, its affiliates and/or subsidiaries to send follow up emails, text messages or correspondence to your registered email account and/or phone number regarding promotional offers. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
14. There are no facilities provided by the Service for sending or receiving private or confidential electronic communications. All messages shall be deemed to be readily accessible to the general public. Do not use the Service for any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered into this Service can and may be read by the operators of the Service, whether or not they are the intended recipient(s).
15. Notices by pinkvisualpass.com to Subscribers may be given by means of electronic messages through the Service, by a general posting on the service, or by conventional mail. Notices by Subscribers may be given by electronic messages unless otherwise specified in the Agreement. * All questions regarding new membership by means of electronic message should be sent to Customer Service
16. The subscriber hereby warrants and represents that he or she is over the age of eighteen (18) or twenty-one (21) in some jurisdictions; and in all respects is qualified and competent to enter into this agreement.
17. Arbitration; Governing Law:
1. This Agreement shall be governed by, and construed only in accordance with, the laws of Aruba, without giving effect to principles of conflicts of laws.
2. The parties agree that any dispute between them arising out of or related to this Agreement and the services hereunder shall be resolved by binding arbitration conducted under the Commercial Arbitration Rules of the International Chamber of Commerce in effect as of the date any such action is initiated. This is an exclusive remedy. Unless another venue is agreed to by both parties, any arbitration conducted pursuant to this paragraph shall take place in Aruba. The arbitration and proceedings related thereto shall be conducted in English. A single arbitrator will make a determination and render an award within thirty (30) days of the close of evidence in such arbitration proceeding. The parties waive right to jury trial and agree that the arbitration award will be final and binding and that judgment will be entered thereon in any court of competent jurisdiction. Notwithstanding the foregoing, any party may seek immediate judicial intervention to prevent any unauthorized use or disclosure of the confidential or proprietary information of the party (or those to whom it owes a duty of confidentiality) bringing any such action. In addition, any party may bring an action in a court of competent jurisdiction to enforce (i) the Arbitration, Venue, and Governing Law provisions hereof and (ii) any arbitration award rendered hereunder, and any such action shall not be deemed a waiver of this arbitration requirement or any other provision hereof.
3. The venue for any other legal proceedings arising from or connected with this Agreement shall be exclusively in Aruba, and no Party shall have the right to challenge venue based upon forum non conveniens or otherwise. In any legal proceeding (including arbitration) arising from, under or in connection with this Agreement, the prevailing Party shall recover the reasonable attorneys' fees and costs incurred in preparation for and in connection with all arbitration, trial and appellate proceedings, along with such other award(s) rendered by the arbiter.
4. This Agreement shall be executed in the English language and shall be controlled in all respects by the English language, regardless if this Agreement is translated into another language.
18. Electronic Signatures: You hereby acknowledge and agree that physical signatures are not required under this Agreement, and any form of electronic acceptance of the terms of this Agreement, including but not limited to your checking or clicking of an "I agree" or "Create Account" box, shall be permissible and acceptable forms of acceptance by you of the terms of this Agreement.
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Allison Vivas on SexOutLoudRadio
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