1. By becoming a member of this service (the "Service"), you become
a Subscriber and agree to bebound 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
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 Net Transactions Limited, LLC. 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 Net Transactions Limited, LLC 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
Net Transactions LLC 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 Net Transactions LLC 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, Net Transactions LLC
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
7. Any liability of Net Transactions LLC including without limitation
any failure of performance, error, omission, interruption, deletion,
defect, delay inoperation or transmission, communications line failure,
theft or destruction or unauthorized access to, alteration of, or
use of records, whether for breach of contract, tortous behavior,
negligence, or under any other cause or action, shallbe strictly
limited to the amount paid by or on behalf of the subscriber to
Net Transactions LLC 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 Net Transactions LLC regarding any information,
services, or products provided through or in connection with the
Service, and Net Transactions LLC and 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
aparticular 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, Ltd. 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
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 Net Transactions LLC 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 Net Transactions,
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).
- 14.1 Notices by Net Transactions LLC 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
- 14.2 All questions reguarding new
membership by means of electronic message should be sent to
15.The subscriber hereby warrants and represents that he or she
is over the age of 18 or 21 in some states and in all respects is qualified
and competent to enter into this agreement.
16. Arbitration; Governing Law
- 16.1 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.
- 16.2 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
- 16.3 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.
- 16.4 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.
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