DigiContent Sales Limited



PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. INTRODUCTION The website at [ ] (“Company’s Site”, as defined below) is owned by [ ] (“the Company”). The Company has appointed Digi Content Sales Limited (“DCS”) as its exclusive agent for making available the services available through the Company’s Site. You may access the Site and order services available through the Site only through DCS, and only on the terms set out below. The Company asserts its own, additional, terms and they are to be found at [link]. Use of the Company’s Site is therefore governed both by the Company’s terms and by these terms of DCS, but the right to avail yourself of the services available through the Company’s Site is governed by these terms of DCS. DCS is the merchant of record for all purposes concerning the proper delivery to you of services ordered through the Company’s Site and your payment for those goods and services. The Company however is responsible for the quality of the goods and services. If there is any conflict between these terms and the Company’s terms these terms shall prevail. Before you can purchase any services through the Company’s Site, you must read and agree to these terms. By applying to purchase services through the Company’s Site, you are agreeing to these terms, and to be legally bound by them. This agreement is subject to change by DCS at any time. Changes are effective when posted on the Company’s Site without further notice. Please in any event signify that you accept these terms by clicking I ACCEPT at the foot of the page. 1. Definitions In these terms and conditions the following phrases shall have the following meanings, where the context permits: “Member” or “you” shall mean a user of a valid username and password for the Site during the term of membership, and “Membership” shall be construed accordingly. “Service” shall mean access to the Site and the availability of services through the Site; the “Site” shall mean the website at [ ]. “Bookmarking” shall mean the act of placing a URL into a temporary file on your browser so that you may return to that page at a future date directly, without passing through any pages that may have preceded it. 2. Services DCS is an internet service provider authorised to make available material or images. DCS will provide a username and password to Members to access the Site and its contents. Access fees will be incurred by Members, who are responsible for paying periodic access fees according to the current billing terms. Until this Agreement is cancelled in accordance with its terms, you authorise DCS to charge your credit card (or other approved facility) to pay for the ongoing cost of Membership. You further authorise DCS to charge your credit card (or other approved facility) for any and all purchases of products, services, and entertainment provided by DCS. Your subscription may not be assigned or transferred to any other person or entity. You shall promptly inform DCS of the following: (i) changes in the expiration date of any credit card used in connection with the service; (ii) changes in home or billing address; and (iii) apparent breaches of security, such as loss, theft, or unauthorised disclosure or use of a User ID or password. Until DCS is notified, via e-mail, of a breach in security, you will remain liable for any unauthorised use of the service. On request, DCS shall provide you with copies of billing records that support charges for use of the Service. Payment for the appropriate services may be made by automatic credit card debit. Membership will automatically be renewed for a further term equal in length to the original term on expiration, unless DCS is notified, via email, along with your User ID and Password, at least 48 hours before Membership expiration. Introductory Trial Membership shall renew at the normal one-month Membership rate. Introductory Trial Memberships do not grant you access to the full selection of content or full range of benefits of the Service. Trial Memberships provide access to a limited amount of content and service. On renewal to the full one-month Membership, or at your request via "Membership Upgrade" links provided in the password-protected area of the Site, Membership shall be upgraded to access to the full selection of content and full range of benefits of service. 3. Billing Statements DCS’s name will appear on your credit card, bank statement, or phone bill for all charges made. If multiple venues are joined utilising any payment method, your statement will list each individual purchase comprising the transaction. DCS may include other information on your statement for the purposes of any relevant regulations including those of credit card associations. 4. Fees If on enrolment you undertake to pay periodic fees, you are responsible for paying those fees in accordance with their terms. Fees once paid are non-refundable. 5. Automatic Recurring Billing If on enrolment you opt for automatic recurring billing, your subscription fees will be automatically renewed at the end of the original term selected, for a similar period of time, unless you give us notice to the contrary at least seven days before renewal. Until this Agreement is cancelled in accordance with its terms, you authorise DCS to charge your chosen payment method to pay your ongoing Membership fees. Further, you authorise DCS to charge your chosen payment method for all additional purchases of services from the Site. 6. Electronic Receipt You will receive an email receipt to your email address provided on your initial subscription. You may at any time request a copy of the account of charges made during the life of your Membership. Requests must be made directly to DCS. To contact DCS, refer to the contact information at the end of this document. 7. Cancellation At any time, and without cause, subscription to the service may be terminated by you or DCS on notification to the other by electronic or conventional mail, or by telephone or fax. If you request termination, your subscription fees will not be refunded and you shall be liable for all charges incurred until the date of termination. If you request cancellation or request a refund from DCS, your bank, card issuer, or phone company because of unauthorised or fraudulent use, DCS may at its discretion, in order to prevent further unauthorised use, block access using your username and password at the websites of other clients of DCS. This will not however prevent unauthorised use at any other websites, and in any event is no alternative to your contacting the appropriate channels to prevent further misuse. 8. Refunds If DCS issues a refund, at its discretion, it will be credited solely to the payment method used in the original transaction. DCS will not issue refunds by cash, cheque, or to another credit card or payment mechanism. 9. Bookmarking You shall not bookmark any page on the Site so as to allow you to bypass DCS’s terms. Without prejudice to your obligation not to do so, if you do, that shall constitute your assent to any such terms and your confirmation that you are not a minor in any jurisdiction to which you are subject. 10. Authorisation of Use When you subscribe to the Site you become authorised yourself to access the material on the Site. You may do so for your own personal use and not for any commercial purpose. Your rights are not transferable. You may not alter any material on the Site, display it publicly, or use it for any rental, sale, or display. References to ‘material’ in this paragraph include all copyright, trade mark, or other proprietary notices. You shall not impersonate another person or use a false name or a name that you are not authorised to use, or create a false identity or origin or e-mail address or try to mislead DCS or others as to identity or origin of any communications or to provide inaccurate or unreliable contact details. You shall not use the Site for any purpose or in any way that is prohibited by these terms or is otherwise unlawful. You agree to indemnify DCS, its officers, employees, and licensors in respect of any loss that it or they may suffer as a result, directly or indirectly, of any breach by you of this undertaking. You acknowledge that you use the Site entirely at your own risk. DCS makes no representations or warranties of any kind about the suitability, reliability, timeliness, and accuracy of the information contained on the Site for any purpose. DCS expressly disclaims all warranties and conditions with regard to this information, including, without limitation, warranties of, satisfactory quality, availability, non-infringement, completeness and fitness for a particular purpose. The Site may contain advertisements. DCS is not responsible for and does not endorse the content of advertisements, and does not accept any responsibility for any errors or inaccuracies in them. DCS shall not be liable for any loss or damage that occurs as a result of any virus or breach of security. DCS gives no warranties as to the compatibility of the Site with your computer systems, software or hardware. DCS shall not be liable for any damages, including but without limitation to damages for loss of use, arising out of the use or performance of the Site, the provision of or failure to provide services, or for any information obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, or otherwise, without limitation, even if DCS has been advised of the possibility of damage. If you are dissatisfied with any portion of the Site, or with any of these terms of use, your sole remedy, except as specifically provided in these terms, is to stop using the Site. Notwithstanding anything in these terms DCS does not disclaim liability for death or injury caused by its own negligence. Notwithstanding the foregoing, none of the exclusions and limitations in the clause is intended to limit any rights you may have as a consumer under the law of any relevant jurisdiction or other statutory rights that may not be excluded. We reserve the right to terminate at any time your access to the Site if you breach the terms of this Agreement. You must then immediately destroy any information or material printed, downloaded or otherwise copied from the Site. You shall not under any circumstances communicate your user-name or password to any other person, and you shall keep them strictly confidential. DCS will not release your user-name or password for any reason, to anyone other than you, except as may be specifically required by law. DCS’s privacy policy can be viewed at link. If there is any breach of security, theft or loss of, or unauthorised disclosure of your user-name or password, you must immediately notify DCS. You shall remain liable for unauthorised use of service until DCS is notified of the security breach by e-mail or telephone. 11. Sanction and Approval of Adult Material On the Site there may be material or images intended for an age-restricted audience. It may contain visual images, sounds, and verbal descriptions of a sexually-oriented, explicit and erotic nature, depictions that are visually graphic in nature and portrayals of nudity or sexual acts. Access to the Site is intended solely for people who are of legal age in the jurisdiction where they view the Site and who do not find such material offensive in nature and who wish to be exposed to those materials. By purchasing Membership, you affirm and swear, under penalty of perjury, that: (a) you are of legal age in the jurisdiction where you view the Site; (b) you will not permit any persons who are not of legal age in that jurisdiction to view or access in any way any materials on the Site; (c) you understand that by accessing the Site, you will be exposed to materials that may include but are not limited to visual images, sounds, and verbal descriptions of a sexually-oriented, explicit and erotic nature, depictions that are visually graphic in nature and portrayals of nudity or sexual acts; (d) you are not offended by those materials, and that they are legal in your community; (e) you are volunteering to view, hear, and access those materials on your own volition, and you choose to do so because you want to view, read, hear or otherwise access them for your own enjoyment, information or entertainment; (f) your choice is a manifestation of your interest in those matters, which is healthy and normal, and is held by most adults in your area; you are completely familiar with the standards held in your community, and the material you expect to access in the Site falls within these standards; in your experience, the average adult in your 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; adults in your community will accept the standards displayed within the Site, and will not find any of the material patently offensive. DCS has required that: (i) some visual depictions displayed on the Site are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or were created before 3rd July, 1995; (ii) with regard to all visual depictions displayed on the Site, whether of actual sexually explicit conduct, simulated sexual content or otherwise, all persons in the visual depictions were at least eighteen years of age when said visual depictions were created and have explicitly agreed to the publication of those depictions on the Site; (iii) records required to be maintained under any applicable law have been maintained by the publisher of content in relation to the Site and the location and availability of those records is as described at [link]; and (iv) without limiting the generality of anything in this section of these Terms, the publisher of content in relation to the Site shall, if the Site is intended to be accessed by Members in the United States of America , comply with United States Code, Title 18, Section 2257. 12. General DCS reserves the right to monitor and track your visits to the Site. Citizens of the Republic of Cyprus and permanent residents in Cyprus are ineligible as Members. A failure or delay by DCS in enforcing compliance with these Terms shall not be a waiver of that or any other provision of these Terms. None of these Terms shall be enforceable under the English Contracts (Rights of Third Parties) Act 1999 (or its equivalent in any jurisdiction) by any third party. If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. These Terms constitute the entire agreement between you and DCS as to your use of the Website and shall supersede any relevant prior agreement or representation. The express provisions of these Terms are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law. Any and all notices to be given by either one of us to the other pursuant to or in connection with these Terms shall be deemed sufficiently given when forwarded by e-mail or facsimile transmission in each case addressed to you at the e-mail address or facsimile number you have given us or to us at the following e-mail address or facsimile number: billingsupport@digicontentsales.com +1-800-604-6430 English law governs these terms and conditions. You submit to the non-exclusive jurisdiction of the English courts. COPYRIGHT AND TRADE MARK NOTICES: All contents of this website are: Copyright 2006 Digi Content Sales Limited. Except for public domain material and electronic messages, all material displayed on the service may not be copied, redistributed, or downloaded, in whole or in part, without the prior written consent of DCS, unless otherwise clearly stated in this Agreement. I ACCEPT.