TERMS AND CONDITIONS OF USE - Visitors or
Members ShareVoyeur.com
As used herein, subscriber shall be
referred to as "Subscriber" or "you" and ShareVoyeur.com as
"ShareVoyeur.com" or "we." This Agreement will take effect when a user
ID and password is issued to Subscriber by ShareVoyeur.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 ShareVoyeur.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 ShareVoyeur.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 ShareVoyeur.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.
4. Right to Change Pricing, Content and Terms & Conditions
You agree that ShareVoyeur.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 ShareVoyeur.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 ShareVoyeur.com
ShareVoyeur.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
ShareVoyeur.com believes that you have violated or acted inconsistently
with the letter and spirit of these Terms & Conditions. You acknowledge
and agree that ShareVoyeur.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 ShareVoyeur.com
regarding the Service, and ShareVoyeur.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 tha any liability of ShareVoyeur.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 ShareVoyeur.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 ShareVoyeur.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.
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, ShareVoyeur.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 ShareVoyeur.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. ShareVoyeur.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 ShareVoyeur.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
ShareVoyeur.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 ShareVoyeur.com.
12. Indemnification
You agree to indemnify and hold ShareVoyeur.com and its affiliates, and
their respective officers, directors, agents, partners, contractors and
employees harmless from and against any and all claims, expenses, and
deands, 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.
ShareVoyeur.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 ShareVoyeur.com in asserting available
defenses.