Last updated: January 01, 2019
- By using this Website/Service, you ("User", "Member", Customer", "You") agree to fully and carefully read and agree to these Terms and Conditions ("Terms", "Terms and Conditions", the "Agreement", the "Contract") before using the TESSAFOWLER.COM website (the "Service" or "Website") operated by P.F.C. Media, Inc. ("Company", "us", "we", or "our"). Further, you thus agree to be legally bound by all terms and conditions contained therein.
- Your access to and use of the Website/Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Website/Service.
- By accessing or using any portion or page of the Website, you agree to be fully bound by all of these Terms. If you disagree with any part of these Terms then you do not have permission to access the Website/Service and you agree to leave or stop using the Website/Service immediately.
- Any Member using internet browser-based bookmarking to any page on the Website which may allow for Member to skip the Website's home page, or skip any terms and conditions or policies that are listed on Company's Websites, shall constitute implied full acceptance of this entire Agreement and an explicit confirmation that the Member is of legal age of majority in their jurisdiction and the Content provided and published on the Website is not illegal in the Territory where they are located or reside.
- 1. DEFINITIONS IN THIS TERMS OF SERVICE AGREEMENT
"Payment Means" shall be defined as the method of payment that You the User utilize to purchase Your subscription Membership on this Website/Service. This includes, but is not limited to, credit card, debit card, money order, PayPal, online check or gift cards.
"Billers" shall be a number of various third-party banks, merchant services, or third-party billing companies that provide billing services via credit card, bank card, ACH or electronic funds transfers, for the purposes and processing payments for Memberships as purchased by the User.
"Bookmarking" shall mean the act of placing a Web page (a.k.a. a URL) into a temporary file on the User's browser so that the User may return to the page at a future date directly, without passing through any of the Website/Service's preceding pages.
"Fees" means monetary payments paid to the Company, which are paid in exchange for a subscription access Membership, under this Agreement, using one of the available Payment Methods the Company makes available to Users to make the User's subscription purchase. Amounts of such fees are posted on the Website/Service which posting forms a part of this Agreement.
"Service" or "Website" shall be the website to which You are purchasing a subscription Membership or accessing the Services or Content.
"Content" shall be any and all images, videos, video files, audio files and written copy, downloadable or otherwise, contained in any and all of the Website/Service pages.
"Login" shall mean the combination of the specific username and password chosen by the User, or provided by the Company or the Company's authorized third-party Billers, as part of User's subscription access membership that is used to access the cont Service/Website.
"Membership" shall be the access granted to a User using a Login for the specified period of access time, to Website/Service for the purpose of accessing the premium paid members areas of the Website/Service and viewing and/or downloading the Content contained in that area.
"Services" shall be the limited, non-transferrable license to stream and/or download images and video or other content from the Website/Service and navigate different areas of Website/Service, particularly the premium paid member's area.
"User" shall be an individual, over the age of 18 years, or over the age of majority in the jurisdiction where they live or are located, who has a Membership and uses such Membership and login to gain access to the Website/Services.
"Company's Bank" or "Third-Party Billers" or "Third-Party Billing Companies" or "Billers" shall refer to the bank or third-party billing companies retained or used by the Company for the purposes of facilitating monetary transactions for the User in exchange for Membership access.
"Gateway" shall refer to the Company (specifically, Inovio Payments, https://www.inoviopay.com) which is used for facilitating online transactions and helping them get approved. The Gateway is the first place a transaction goes when a User submits an online order for a Membership. The transaction flows through the payment gateway, to the payments ecosystem for Membership approval consideration and finalization.
"Chargebacks" shall mean a request You file directly with Your bank, or credit card, or debit card company as a means of disputing or nullifying your fees paid for membership access or other services provided by the Company through its Website/Service.
- 2. USER CONSENT TO VIEW ADULT-RELATED CONTENT
This Website/Service is created for and intended exclusively for adults over the age of 18 who are interested in and wish to have access to visual images, verbal descriptions and audio sounds of a sexually oriented and/or erotic nature. This adult material, made available by the Company within Website/Service, may include graphic visual depictions and descriptions of nudity and sexual activity and is prohibited to be accessed by anyone under legal age in their respective country or by those who do not wish to be exposed to such material. By accessing this Website/Service or purchasing a Membership from the Company you are making the following statements to Company, its licensors, its billers and other suppliers:
"Under penalty of perjury, I swear/affirm as of this moment, I am an adult, at least 18 years of age or the age of majority in my jurisdiction. I promise I will not permit any person(s) under the age of majority to have access to any of the material contained within Website/Service. I understand, when I gain access to Website/Service I will be exposed to visual images, verbal descriptions and audio sounds of a sexually oriented and/or 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 content 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 material by willing adults in circumstances such as this and will not find such material to appeal to a prurient interest or to be patently offensive."
- 3. LOCATIONS
3.1) Each Membership purchased by each User is limited to use within the User's specific territory which excludes all territories where the Content is illegal (the "Location").
3.2) Location Breach. If the Company detects a Membership is purchased or used outside the allowed Locations, Company may, at its discretion, disable Membership so the User's Login will no longer work, and terminate the User's membership for breach of this Agreement without any refund of Fees already paid.
- 4. MEMBERSHIP PURCHASES
4.1) If you wish to purchase any product or service made available through the Website ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your credit card billing address, your active and accessible email address and your IP address. By making a purchase, You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase made on the Website; and that all of the information you supply to us is 100% true, correct and complete.
4.3) Company provides its own billing services through its own Visa/Mastercard merchant account, which are processed by Company's payment gateway service, Inovio Payments (https://www.inoviopay.com) which are powered by Merrick Bank and Humboldt Bank as Company's processing banks. Such Customer transactions processed through Company's merchant account shall appear as "PFCMedia.Net" on Customer's credit card statement or bank statement. In addition to providing its own billing services via its own merchant account, Company also contracts with a number of third-party billing companies, which include Epoch (https://epoch.com), CCBill (https://www.ccbill.com), Vendo (http://vendoservices.com), Segpay (https://www.segpay.com), and PayGarden (https://www.paygarden.com). In the event that a Customer's purchase with Company is transacted through one of these third-party billing companies, Customer is fully and solely responsible for reading and accepting the Terms of Service and Privacy/Cookie Policies of whichever third-party billing company processed their purchase, in addition to fully reading and accepting Company's terms of service and privacy/cookies policies.
4.4) Company's online subscription purchase platform operates as a fully automated billing cascade, meaning that any attempted purchase made by Customer shall first be processed by Company's merchant account. In the event that such a purchase attempt fails or is not approved by Company's gateway or banks, the automated billing cascade shall move the Customer on to the next billing option in the cascade, which would be one of Company's third-party billing companies listed above. In the event that a purchase attempt continues to fail in the automated cascade, Customer will automatically continue to be moved along the automated cascade to the next third-party biller in it, until the options are exhausted. Company fully and exclusively reserves the right to change the order of billers in Company's billing platform cascade at any time, without notice.
4.5) When a purchase is made by Customer, either under Company's merchant account or any of Company's contracted third-party billing companies, Customer will be automatically emailed a receipt for their purchase which will outline the type of membership purchased and the amount charged. Customer is solely responsible for thoroughly checking their emailed receipt carefully, and responsible for alerting Company immediately of any errors on their receipt or contacting company at PFCMedia.Net with any questions about their receipt. Customer is further solely responsible for checking their bank statement or credit card statement to determine which billing company processed their charge and contacting either Company via PFCMedia.Net with any questions or concerns about the charge, or by contacting the third-party billing company listed in the descriptor line of their charge on their bank statement or credit card statement. Overall, any questions about purchases made by Customer may be directed to PFCMedia.Net by Customer for assistance.
4.6) US Customers vs international ones. Company's automated billing cascade is generally configured to attempt to bill all U.S.-based customers through Company's merchant account first, and then pass Customer along to the secondary third-party billing companies in the cascade if such billing attempt fails. Conversely, Company's automated billing cascade is generally configured to attempt to bill all non-U.S. customers through Vendo Services, which is Company's primary billing company for all customers who are outside the U.S.A., and then pass Customer along to the Company's merchant account and subsequently to the other secondary third-party billing companies in the cascade if such billing attempts continue to fail. Company fully and exclusively reserves the right to change the order of billers in Company's billing platform cascade at any time, without notice. Whichever billing service or company is ultimately used to process a Customer's payment, it is the Customer's sole responsibility to determine which billing service processed Customer's payment by consulting the descriptor on their card or bank statement, and fully understand that the billing therein is for Customer's purchase with Company, and to contact Company at PFCMedia.Net for any help or questions regarding the transaction.
4.7) Users are liable for Fees for Membership together with all applicable taxes. Users may cancel their Membership at any time by contacting the Company's online Customer Service department 24 hours a day and opening a support ticket, or by accessing the Customer Service website URL (www.PFCMedia.Net) which is listed at the bottom of each page of the Website, or by manually typing in PFCMedia.Net in their browser's URL window. The PFCMedia.Net website URL is also listed under the descriptor heading indicated on their receipt or Payment Method statement. User agrees that User must request cancellation of their Membership 48 hours prior to the renewal date if they do not wish their Membership to renew with associated Fees. Up until the date a Membership is canceled, the User authorizes the Company to continue charging the User's Payment Method to pay: (i) Fees for their ongoing Subscription Membership; (ii) all purchases of any other products, services and entertainment provided by Website; and (iii) other liabilities of Yours to Company or any third party.
4.8) Memberships may be canceled at any time by visiting Company's Customer Service Website, www.PFCMedia.Net and opening a support ticket with that website. User acknowledges that using said Customer Service website and creating a support ticket there is the ONLY way to request cancellation of User's Membership, and also the only way to request any technical support or customer support of any kind. User further acknowledges that any other methods of contact, including but not limited to emails or phone calls or social media messaging is NOT a viable or acceptable means of contacting the Company for any customer service or technical support, or to cancel User's Membership. Once cancelled, a User's Membership will remain active and the User will still have access to the Website's member's area for the remainder of the duration of the Membership for which the User already paid.
4.9) In certain instances, a User's Payment Method may be declined by the Company's bank or the Company's Gateway. When such instances occur, the Company and its Banks or Billers or Gateway may attempt to process the transaction again on behalf of the User, under the same conditions as the transaction was initiated by the User, and do so within a few days of the User's first attempt to purchase their Membership. If and when the Payment Method is approved in such a circumstance, the User will then receive an email confirming the successful completion of their transaction along with details of the type of Membership, and their username and password details.
4.10) For all memberships, the User's next renewal will be attempted on their original renewal date in accordance with. Company reserves the right to change the price of any renewal Fee to a lesser amount with the obligation to continue the User's Membership at the original renewal price, which change shall take effect as of the next renewal unless the User cancels 48 hours before such renewal. At any time, should You have any questions about the renewal price or date of your Membership please contact Client Relations via the Customer Support website, PFCMedia.Net and open a support ticket there.
4.11) Membership Types. The Website may offer various types of Memberships of different terms, including but not limited to a trial membership, a monthly membership, a 3-month recurring membership, a six month non-recurring membership or a 1 year recurring membership, etc. In certain instance, special prices, coupons, promo codes, or other promotions to User-purchased Memberships may apply, but renewal fees on said memberships may be different monetary amounts than the amounts paid by User on the initial purchase. Each of these shall be defined as a "Membership Term". Each Membership Term offered will have its own Fee indicated during the join process on the join form where the User inputs their payment information and customer information, and will renew at the Fee and at the frequency indicated in the receipt sent to the User's active email address. Fees for new Memberships are subject to change at any time and fees with associated renewals are as well. If the User does not cancel within such thirty (30) days then User is deemed by the Company to have accepted the change in Fee.
4.12) Duplicate Memberships. Although very rare, due to the fact that the Company uses multiple Banks and Billers to process payments on its behalf, on occasion it is possible for a User to make more than one membership purchase to the same Website. When such event occurs, the Company's username/password system automatically alters the second username the Customer chose by one character, usually by adding a "1" or a "0" to the end of it. This process is done automatically by Company's login system in a general manner in case Member choses a username that is already in use by another member, but it can also apply to the same Member if Member choses the same username for both Memberships.
In the event that such a mistake occurs, Member acknowledges that it is the Member's full responsibility to check and carefully review ANY and ALL emailed receipts that Member receives from the Company, for any and all purchases Member makes, and to contact the Company via Company's Customer Service website, PFCMedia.Net, to make the Company aware of the situation so that it may be properly investigated and resolved and the duplicate membership either refunded or converted to a Membership for another website operated by the Company.
4.13) Cross-Sale Memberships. On all of its website join forms across all of its websites, Company includes either one of two visible pre-checked cross-sales for memberships to some of its other websites that Company operates and manages. While pre-checked, these visible cross-sale memberships are fully optional to Customer, and Customer can and may uncheck them at any time prior to submitting Customer’s personal and billing information on the join form for the purposes of making a primary membership purchase. Customer is under no obligation to include such additional cross-sale membership purchases to Company’s other websites when making a primary purchase to one of Company’s websites, but Customer is obligated to take notice of such pre-checked cross-sales and make a determination as to whether or not they wish to include them with their main membership purchase. These cross-sale memberships generally are limited-access trial memberships that upgrade after a fixed time to full-priced and full-access memberships to their respective websites. These trial memberships generally cost $1 each and last approximately two calendar days in duration, and once that time period has elapsed they then automatically upgrade to full-price/full-access memberships that bill at the normal monthly membership rate of the website and full access membership to the website shall be granted to Customer in 30 day billing cycles thereafter until canceled. Customer further agrees to fully and completely review Customer’s emailed receipts of Customer’s membership purchases with Company, and to review their own bank statement or credit card statement to review any such purchases, and to contact Company at PFCMedia.Net for any and all questions, including cancellations, in regards to such cross-sale purchases. Company reserves the right at any time to change the websites included in these join form pre-checked cross-sale memberships, or the number thereof .
- 5. AVAILABILITY, ERRORS AND INACCURACIES
Company is constantly updating product and service offerings on the Website. As part of this activity, we may experience delays in updating information on the Website and in our advertising on other web sites. The information found on the Website may contain errors or inaccuracies and may not be complete or current. Products or services may be mis-priced, or described inaccurately, or unavailable on the Website and Company cannot guarantee the accuracy or completeness of any information found on the Website.
Company therefore reserves the right to alter or update any information on the Website, or change any prices to any of its membership plans, and to correct any and all errors, inaccuracies, or omissions at any time without prior notice.
- 6. REFUNDS
6.1) With the exception of clear and provable fraud, all Fees paid by User for initial purchase memberships are non-refundable. Renewal fees are refundable within 30 days of the most recent renewal only. All instances of User claimed fraud are taken very seriously by Company and are thoroughly investigated by the Company, which reserves the right to user any and all personal information provided by the User when making User's purchase — including but not limited to User's full legal name, billing address, zip code, IP address, and email address — to conduct such investigations. Such investigations may include contacting and getting information from the User's bank or card issuer or financial institution, or contacting the User's internet service provider for information, or verifying the User's identity via any potential social media accounts or personal online activity. The Company reserves the full right to make a sole and final determination on any Membership account reported by the User as fraud. User agrees that any and all false reports of fraud made by User are illegal, and if User undertakes such activity in attempt to illicitly gain a refund, that Company reserves the right to report said User activity to User's financial institution or card issuer and to law enforcement authorities as well. Further, non-use of a Membership or inability of User to access the Portal through no fault of Company shall not be grounds for a refund of Fees. Company also does not provide refunds or credits for any partial-month Membership periods.
6.2) In the event a refund is issued, ALL refunds will be made by the Company who will credit the Payment Method used to make the original purchase. NO refunds will be made by cash or paper check. ALL refunds will be issued within ten (10) business days (holiday days excluded) of communication between the User and the Company's Client Relations department.
6.3) For all billing inquiries, Customer agrees to visit PFCMedia.Net and open a customer support ticket there.
- 7. CHARGEBACKS
7.1) All chargebacks initiated by Customer are carefully investigated by Company, and may prevent future purchases by Customer with the Website and all of the Company's affiliated Websites. Chargebacks initiated by Customer for the purposes of unlawfully obtaining goods or services from Website, or to obtain membership access without having to pay for such access, shall constitute a breach of contract and shall not be tolerated by the Company.
7.2) Chargebacks initiated by Customer for the purposes of cancelling Customer's ongoing subscription shall also constitute a breach of this contract agreement. Customer agrees that the ONLY method by which to cancel any ongoing subscription membership that Customer may have shall be for Customer to visit Company's customer service website, PFCMedia.Net, which is the same descriptor listed on Customer's credit card statement, and open a support ticket there to explicitly request cancellation.
7.3) Chargebacks initiated by Customer because Customer fails to recognize the charge on Customer's bank card statement, credit card statement or financial statement shall also constitute a breach of this agreement. Company provides full and accurate information of the billing company by which each charge was processed, and this information is provided in the descriptor line of every charge on Customer's financial statement. These descriptors include PFC Media or one of PFC Media's third-party billing services, which are Epoch, CCBill, Vendo, Segpay, and PayGarden. In addition to these billing company names, a corresponding website or phone number for each billing service is also provided in the Customer's descriptor. Customer agrees to contact the biller listed in the descriptor of the charge in question that is on Customer's statement by using the corresponding biller website or biller phone number listed in the descriptor to inquire about the charge BEFORE initiating any chargeback. If Customer who does not recognize a charge on Customer's financial statement or bank statement initiates a chargeback without FIRST making an attempt to contact the Company listed in the charge descriptor, or Company's third-party billing companies listed in the charge descriptor, to inquire about said charge, such action shall constitute a breach of this agreement.
7.4) In instances of chargebacks by Customer, Company reserves the right to take necessary measures to recoup all Fees owed to Company for disputed membership fees, which may include not only the full amount of Fees charged back by Customer, but additional bank penalties and administrative Fees as well. Such additional penalties and Fees may escalate up to $60 per chargeback. The methods by which Company shall use take to recoup such Fees may include, but are not limited to, initiating a counter-dispute with Member's credit card company or financial institution, or by using a collections agency, or by filing a legal arbitration claim. For more information on arbitration as it pertains to this agreement, see the additional arbitration language in Section 14 of this agreement.
- 8. MEMBERSHIP SUBSCRIPTION CANCELLATIONS
8.1) Member agrees that the only method by which to cancel any ongoing recurring subscription membership with Company's websites is to visit PFCMedia.Net and open an online digital support ticket with Company's customer service division and explicitly request cancellation of said Membership. Customer shall provide in the ticket their full name and email address used in making their original purchase, so that Company may properly locate their Membership and properly assist them. Member also agrees that, by opening a support ticket at PFCMedia.Net, that Company's PFCMedia.Net website shall automatically obtain Member's IP address information, operating system information, and browser information as part of Company's customer service process, so that Company may properly assist Customer.
8.2) Upon opening a support ticket at PFCMedia.Net, Member shall receive a digital ticket number that corresponds with their support request, and information about this ticket, including an accessible online URL link that Member may log into via a username/password combination that Member chooses, shall be emailed to Member at the email address that Member provides.
- 9. MEMBERSHIPS PURCHASED THROUGH PAYGARDEN
For any Memberships purchased by Member using gift cards that are processed through PayGarden, a third-party billing service that is contracted by Company, please note:
9.1) These Memberships are subject to all terms and conditions and policies of PayGarden, which may be found at https://www.paygarden.com/terms. A list of accepted gift cards that may be used through the PayGarden service can be found at https://www.paygarden.com/brands.
9.2) These PayGarden Memberships will not be rebilled, so there is no need for Member to cancel such memberships, or request any cancellation thereof.
9.3) No refunds or partial refunds will be issued by Company to any Memberships processed via PayGarden.
- 10. LICENSES AND LIMITATIONS
10.1) All Memberships purchased by Member include a single, limited, personal, non-transferrable, non-exclusive license (the "License") to use the Website for the sole purpose of accessing the images, video and sound published therein (the "Content") in the manner provided. The Company -- as well as any official partners or third party licensees that may be contracted by Company in separate agreements, license or otherwise -- owns and retains full rights to any and all said Content published on the Website, on all pages of the Website, both in the free tour area and the Members paid access area, Member further agrees to not resell, distribute or engage in any commercialization of the Website or its Content. Member shall not modify or copy any of the Content, use it for any public display, performance, sale or rental, remove, modify or alter any copyright or other proprietary notice or trademarks of the Content or transfer any Content to any third party.
10.2) Access to and use of the Website is through an exclusive Login of the Member's choosing. Each Member is responsible for keeping their Login information confidential. Company will not release Login information for any reason to anyone other than the Member except as may be specifically required by law or court order. Unauthorized access to the Website shall be considered a breach of this Agreement. You, the Member, are fully responsible for your Login credentials and any and all purchases made or other acts or omissions carried out with them.
10.3) Customer shall use only the membership login chosen by Customer when making Purchase to access the Website member area. Customer sharing of Customer login or password with any outside parties is strictly forbidden. Company licenses and utilizes third-party password protection software called ProxyPass which is provided and maintained by Proxigence (https://www.proxigence.com) By using or accessing this Website, Customer additionally agrees to the full terms and conditions of Proxigence, which can be found at https://www.proxigence.com/corp.html#legal. Through ProxyPass, all Customer logins are automatically tracked and tabulated according to IP address. If Customer shares Customer's login with any unauthorized outside parties, ProxyPass will note any different IP addresses utilized for such logins and if such logins exceed 4 different IP addresses, ProxyPass will automatically deactivate said login. In the event that such deactivation occurs, Customer may contact Company at PFCMedia.Net in order to resolve the issue, as Company recognizes that in some cases a Customer's login may become compromised without Customer's knowledge. In such instances, Customer and Company agree to work together in good faith to resolve such issues. Further to this, each individual Customer shall be limited to 10 GB total download limit from Member area of Website per 24 hour period. If Customer exceeds this 10 GB limit in 24 hours, Customer's login will be temporarily banned for a 24 hour period starting from the first minute of the ban. Company places these Customer download limits to help to reduce bandwidth spikes and manage questionable Customers who intend to sign up for an account, rapidly download all content, and then cancel and/or charge-back their membership. Further to this, download accelerator software is strictly prohibited and any Customer use of such software may result in Customer's membership being terminated immediately without refund.
10.4) Company retains all rights, titles and interest in any and all intellectual property rights in the Website and all of its Content. All rights are reserved by the Company. All intellectual property and other rights in and to the Content and the Services found on Portal shall at all times remain the property of the Company, its affiliates, licensors and other suppliers. Nothing in this Agreement shall have the effect of transferring any intellectual property rights to You other than Your limited rights under the License.
10.5) Company reserves the full right to change, delete or add any or all of the Content or Website without Member's prior notice or consent.
10.6) The Company reserves the right to terminate this License, and the Member's membership access, at any time if the Member breaches the terms of this Agreement.
- 11. TERM AND TERMINATION
11.1) Membership, Membership Term and the License shall begin as of when Fees are paid and Member's payment method is charged, and shall end when the Membership Term ends or the Member's payment method is no longer charged or billed by Company, or as otherwise provided herein. Upon termination of said membership, Member's license to retain for personal use and view any content accessed from the Website remains, fully subject to the terms in Section 9 above.
11.2) If Member discovers any breach of security of Member's login or membership, including but not limited to loss or theft of hardware used by Member to access the Website, theft or loss or Member's phone or computer that may have such login information stored in them, or unauthorized disclosure or use of a Login, Members agrees to promptly inform the Company's Customer Service department at PFCMedia.Net of any apparent data compromise. Until Member makes the Company aware of such breach in Member's security, the Member will be liable for any unauthorized use of the Services.
11.3) Member may terminate their Membership at any time, and without cause or reason, by providing Company's customer service department at PFCMedia.Net a notice to cancel the Membership, as described in Section 8 above. Member agrees to provide such notice at least 48 hours in advance of membership renewal, and Member is liable for all Fees incurred on the Membership until 48 hours after notification of termination is received by the Company's customer service department.
It is the Member's responsibility to ensure notification is adequately provided. Notification should include Member's full name, the correct email address that Member used to make the membership purchase, and in certain circumstances, the last four (4) digits of the Payment Method that Member used to make the purchase. Company is committed to fully abiding all by laws and regulations of the General Data Protection Regulation (GDPR) that applies to residents and customers based in the European Union. Given said commitment, special circumstances may apply to any Members who reside in the European Union and are subject to the GDPR laws of the EU. If the Member has previously exercised their right under the GDPR laws to have their personal information deleted by Company, or removed from Company's system, the Member agrees to willingly re-submit all such pertinent personal information to the Company for the purposes of Company properly assisting the Member and locating their membership and for the purpose of getting the membership terminated. After such termination, Member agrees that if they wish to have their data again removed from Company's system, that Member must re-submit a brand new request to under the GDPR laws to have their personal information once again removed.
11.4) Company reserves the right terminate or alter this Agreement at any time, or for any reason, or for no reason at all, on notice to Member through the Website; however in the event that such agreement termination is initiated by Company, the Member shall be entitled to continue use of the Website for the Membership Term for which Fees have already been paid.
11.5) By purchasing or terminating a Membership to Website, Member agrees to receive an email confirmation os said Membership cancellation to the email address last provided to the Company's customer service division. Members may NOT opt out of receiving these membership cancellation confirmation emails and further agree that any email address they provide to Company is a real email address that Member can and does access. As such, it is important that Member provides only proper and working contact information on sign-up for Membership, for the purposes of facilitating proper customer service.
- 12. THIRD PARTY AFFILIATE WEBSITE SERVICES AND SUBSCRIPTIONS
12.1) Inside the paid member area of Website, Customer has access to optional memberships and subscriptions to third party websites ("Third-Party Websites") that are operated by third-party companies that are affiliated with, but not owned or operated by, the Company. These Third-Party Sites include, but are not limited to, live stream cam companies as well as paid-access subscription membership websites that are similar in concept and structure to Company's Website.
12.2) Customer has the option to make separate purchases for additional Fees through these Third-Party Sites at Member's discretion, which may involve Customer having to re-submit certain personal and payment data and information to said Third-Party Sites in order to properly make said purchase. All terms, rules and fees of such Third-Party Sites memberships and purchases shall be subject to this agreement, in addition to any terms of service and policies of the Third-Party Sites, which can be found on said websites. Customer further agrees to fully read and review any and all terms of service politics and privacy policies of any Third-Party Sites that Customer makes a purchase with, and Customer also agrees to contact these Third-Party Sites in order to address any customer service issues or questions that Customer may have. If Customer contacts Company for such help regarding any Third-Party Site purchases or memberships that Customer may have, Company will help facilitate a proper communication connection between Customer and Third-Party Site for the purposes of helping Customer with their customer service issue. Customer must make such communication facilitation request of Company by visiting PFCMedia.Net and opening a support ticket there.
12.4) All Customer Cam Purchases function on a one-click basis (“One-Click”) meaning that, because Customer already made a purchase for a membership to Company’s website, Customer’s billing data is automatically saved at the biller level, and such saved data can then be used later by Customer to make additional Cam Purchases with just one click, so that Customer will not be required to re-enter Customer’s credit card or bank card information again. Such Customer billing data is securely kept at the biller level in heavily encrypted format and neither Company, nor ICF, have access to it. However, either Company or ICF can assist customer with any such purchases via PFCMedia.Net (for Company) or https://www.pinupfileslive.com/customer-service (for ICF) and Customer must contact either Company or ICF and either of those respective website URLs in order to get assistance. Because these saved data one-click Cam Purchases operate via Customer’s member area login, it is very important that Customer not share Customer’s login with any outside party or unauthorized user (see section 10.3 of this agreement). Otherwise, Customer risks unauthorized or unknown Cam Purchases being conducted by unauthorized or outside users. If Customer suspects that their login information may have been compromised or gets a message from Company’s installation of ProxyPass indicating as much (again, see section 10.3 of this agreement) or sees charges on Customer’s credit card or bank statement that Customer does not recognize, Customer must and agrees to contact Company at PFCMedia.Net immediately for assistance and Company will work with Customer directly to investigate and resolve the problem. In such instances, Company may also refer customer to ICF for additional customer service, as almost all customer service for any ICF Cam Purchases made by Customer is handled and provided by ICF exclusively.
- 13. DISCLAIMERS, NON-WARRANTIES AND NON-GUARANTEES
13.1) Any and all Content provided on this website by Company is expressly published "as is" and is done so without any explicit or implied warranty nor any guarantee of any kind by Company. Any warranty of merchantability is also not explicit nor implied, and all sales made on this Website are identified with the phrase "as is" or "with all faults." Company provides no explicit or implied warranty of fitness for a particular purpose, and nor does Company provide an explicit or implied warranty of merchantability for products, and nor does Company provide an explicit or implied warranty of workmanlike quality for services.
13.2) The Company makes no guarantee of uninterrupted or error free Services for any portion or aspect of this Website. Customer agrees that technical errors, computer errors, network errors and a wide variety of other technology-related errors as pertaining to this Website and the broader internet in general can and may happen, including but not limited to networking errors, internet service provider errors and server hosting errors. The Company does not warrant the accuracy or completeness of any information, text, graphics, links or other Content-related items contained on Website. Any of the information, images, graphics, sound or any such other visual or audio Content offered on this Website is subject to change by Company at any time and without advance notice. Company makes no representation or warranties or guarantees as to the purposes, accuracy, usage or any other aspect of any of the Content or information provided on this Website. The Company shall not be liable for any damages in any circumstances that may arise or occur pertaining to the use of the Website. Company shall also not be liable in any way for the inability of Customer to use or access the Website or Content or information available on Website, even if the Company has been alerted to such circumstances. If a Customer is entitled to certain legal protections in regards to certain non-waivable warranties or consumer protection rights under the laws of Customer's country of residence, this agreement shall not limit such protections.
13.3) Customers are solely responsible for providing and maintaining any and all personal computer equipment, any and all mobile device equipment, and any and all other telecommunications equipment that may be used or necessary to view Website and gain Membership access to Website. Customers are solely responsible for the operational functionality of their equipment and Company is not liable in any way, shape or form for Customer's inability to use or access Website due to inoperable functionality or technical errors of Customer's equipment. Customers are also solely responsible for providing correct and proper personal contact details for themselves when making a purchase on or to the Website or in contacting Company for correspondence of any kind.
13.4) This website enables Users to post or share certain personal information, via online comments that may be written and posted by Customer, with third parties, or their fellow Customers, or with the Company. When Customer engages in such activities, Customer shall not send, submit, publish or display any defamatory, inaccurate, abusive, threatening, racially offensive, gender offensive, or sexual-orientation offensive or illegal material of any kind, in any form. Any transmission by Customer of any material that violates this policy or that violates any federal, state or local law is strictly prohibited and constitutes an immediate breach of this Agreement by Customer. The Company shall not be liable for any information or comments or data posted by Customer on this Website and Company has no obligation, but reserves the exclusive right, to change or edit or delete any information or material posted by User on the Portal. Customer fully grants Company an unlimited universal and royalty-free rights to save, collect, store and/or disclose any and all material, information or comments that are posted by the Customer in the Website. Full ownership and rights to all comments that are posted by a Customer to or through the Website shall be immediately assigned to Company upon Customer posting them.
13.5) Customer agrees not to partake in any advertising to, nor any solicitation of, other Customers of Website to buy or sell any products or services of any kind. Customer is solely responsible for any information or data, personal or otherwise, that Customer sends or post or publish through Website, and these terms shall continue in perpetuity even after the termination of Customer's Membership. Customer acknowledges that all messages, data, or information that Customer posts or publishes through Website are immediately and easily accessible to not only Company and other Website Customers, but also the general public or anyone who may visit Website. This includes the possibility of search engines outside of Company's ownership and control to store and re-publish said messages, data or information posted or published by Customer. Customer further agrees to not use Website for any communication that is solely or explicitly intended for only Customer or a certain intended recipient. Customer agrees that any posts, messages, information or data that Customer posts or publishes to the Website may or can or will be read or seen by anyone at any time, including but not limited to the Company and any operators of website that Company grants access to, which includes but is not limited to web hosting employees contracted by Company or any technical or support employees.
- 14. BINDING ARBITRATION
14.1) Arbitral Claims. Any and all disputes between Customer and Company (and the respective attorneys, successors and assigns of each) of any kind whatsoever, arising from any transactions or communications reflected in this Agreement ("Arbitral Claims") shall be only resolved by arbitration. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation. Arbitration shall be final and fully binding upon the parties and shall be the exclusive remedy for all Arbitral Claims. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
14.2) Procedure. Arbitration of Arbitral Claims shall be in accordance with all applicable rules of the American Arbitration Association ("AAA Employment Rules"). Attorneys' fees and the fees of the arbitrator shall be paid by the losing party, as identified by the arbitrator. Any and all arbitration claim filings and claim hearings shall occur in Los Angeles County, California, U.S.A. unless otherwise ordered by the Arbitrator or agreed by the parties.
- 15. GENERAL PROVISIONS
15.1) Indemnification. To the fullest extent of the law, Customer shall fully indemnify and have a duty to hold Company harmless from and against any and all claims arising from or related to Customer's use of the Website, or any breach of the terms of this Agreement by Customer. Customer shall indemnify, defend and hold harmless Company, its officers, employees, agents, representatives, consultants, models, affiliates and contractors from and against any and all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities that may arise out of, or be resulting from, or are in connection with the services contemplated by this agreement.
15.2) Limitation of Liability. Customer agrees that Company shall not be liable for any indirect, incidental, special, or consequential punitive or multiple damages, including without limitation any damages resulting from loss of use, loss of business, loss of revenue, loss of profits, or loss of data, arising in connection with this Agreement. This shall further apply to Company's performance or providence of services, or of any other obligations relating to this Agreement, even if Company has been advised of the possibility of such damages. The foregoing limitation of liability shall apply regardless of the cause of action under which such damages are sought. Furthermore, under no circumstances shall Company be liable for any indirect, consequential or punitive damages. The liability of Company hereunder shall not exceed the amount of Fees actually paid by Customer during the 30 days prior to the event giving rise to liability.
15.3) Severability. In the event that a court of competent jurisdiction finds any term or clause in this Agreement to be invalid, unenforceable, or illegal, the same will not have an impact on other terms or clauses in the Agreement or the entire Agreement. However, such a term or clause may be revised to the extent required according to the opinion of the court to render the Agreement enforceable or valid, and the rights and responsibilities of the parties shall be interpreted and enforced accordingly, so as to preserve their agreement and intent to the fullest possible extent.
15.4) Announcements. Announcements by the Company or Website to Customers may be given by means of email, electronic messages, by a general posting on Portal, by conventional mail or by telephone. Any and all questions, comments or complaints regarding Website must be sent to the Company via a digital online support ticket at its customer service department at PFCMedia.Net
15.5) Contact Information. The Company's customer service department may be reached by opening a digital support ticket at PFCMedia.Net All Customer questions, comments or cancellation requests regarding any Customer need or purchase made on Website, must be directed to Company via digital support ticket at PFCMedia.Net
15.6) Governing Law. This Agreement shall be governed pursuant to the laws of the United States of America and the State of California. Pursuant to Section 13 above, any and all disputes arising under this Agreement shall be resolved solely and exclusively before arbitration courts of competent jurisdiction only in the county of Los Angeles, California.
15.7) Assignment. The Company shall have the right at all times to assign any of its rights or obligations under this Agreement to a direct or indirect third party or wholly owned Subsidiary of the Company, at any time and without notice or consent of Customer.
15.8) Survival. The entirety of this agreement shall remain in force between Customer and Company in perpetuity, even after Customer's membership is cancelled and expired, and even in the event that Company is sold, in full or in part, to another party, or ceases business operations entirely.