Terms & Conditions
VIVID.COM User Terms and Conditions
VIVID.COM (the "Portal")
Last updated June 1, 2018
You must read and agree to these Terms and Conditions before you can use the Portal. By purchasing a Membership or using Portal you become a User and thus agree to be legally bound by these Terms and Conditions (the "Agreement") between you and Chargepay B.V. / Gamma Billing / Digigamma (the "Company"). Company will refer to you in this Agreement as "you", "your" or "User". Company can amend this Agreement by posting an updated version of this Agreement to the Portal. Such changes will take effect thirty (30) days after they are posted.
- "Payment Method" shall mean the method of payment which You use to purchase Your Membership including credit card, debit card, money order, online check or gift cards through the PayGarden service. A list of accepted gift cards to be used on the PayGarden service may be found at https://www.paygarden.com/brands.
- "Bookmarking" shall mean the act of placing a Web page (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 preceding pages.
- "Fees" means amounts paid or payable to Company in exchange for Membership under this Agreement using a Payment Method. Fees are posted on the Portal which posting forms a part of this Agreement.
- "Portal" shall be the website to which You are purchasing a Membership or accessing the Services.
- "Login" shall mean the combination of the unique username and password sold or provided by the Company to the User and used to access Portal.
- "Membership" shall be the access granted to a User using a Login for a limited period of time, to Portal for the purpose of using the Services.
- "Services" shall be the limited, non-transferrable license to stream or download images and video or other content from the Portal and navigate different areas of Portal.
- "User" shall be an individual, of or over the age of majority in the jurisdiction where they are located who has a Membership or rightfully accesses the Portal.
- "Chargebacks" shall mean a request You file directly with Your card company or bank to invalidate Fees.
2. AGREEMENT TO VIEW ADULT MATERIAL
- 2.1 Portal is designed and intended solely for adults who are interested in and wish to have access to visual images, verbal descriptions and audio sounds of a sexually oriented, and frankly erotic, nature. The material available by the Company within Portal 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 Portal or purchasing a Membership from the Company you are making the following statements to Company, its licensors 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 Portal. I understand, when I gain access to Portal I will be exposed to visual images, verbal descriptions and audio sounds of a sexually oriented and 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 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."
- 3.1 Territory. Each Membership is for use within a limited territory which excludes all jurisdictions where the Content is illegal (the "Territory").
- 3.2 Location Breach. If the Company detects a Membership is purchased or used outside the Territory, Company may, at its discretion, disable Membership so the Login will NOT work, and terminate this Agreement for breach without any refund of Fees already paid.
- 4.1 Fees. 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 Client Relations department 24 hours a day or logging into their account details via the descriptor website indicated on their receipt or Payment Method statement. Users must cancel their Membership 48 hours prior to the rebill 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 Membership; (ii) all purchases of other products, services and entertainment provided by Portal; and (iii) other liabilities of Yours to Company or any third party.
- 4.2 Delayed Transactions. In the event a User's Payment Method was declined the Company may attempt to process the transaction again under the same conditions as the transaction was initiated by the User, within a few days of the User's first attempt to purchase their Membership. Where the Payment Method is approved in such a circumstance, the User will receive an email confirming the successful completion of their transaction along with their username and password details. The User’s next rebill will be attempted on their original rebill date. Company reserves the right to change the price of the rebill Fee to a lesser amount with the obligation to continue the User’s Membership at the original rebill price which change shall take effect as of the next rebill unless the User cancels 48 hours before such rebill. At any time, should You have any questions about the rebill price or date of your Membership please contact Client Relations via the Portal.
- 4.3 Membership Types. Portal may offer various types of Memberships of different terms (ex: trial, 3-month, monthly etc...) each a "Membership Term". Each Membership Term offered will have its own Fee indicated during the join process and will rebill at the Fee and at the frequency indicated in the receipt sent to the User's email address. Fees are subject to change due to applicable laws and taxes; if you do not cancel within such thirty (30) days then you are deemed to have accepted the change in Fee.
- 4.4 Cancellation Policy. Memberships may be canceled at any time by completing a form located at http://www.famesupport.com/ or by contacting Portal Client Relations. If a Membership is canceled before the renewal date the User will still have access for the remainder of the period already paid.
5. INDIVIDUAL SCENE PURCHASES
- 5.1 Portal may offer the ability to purchase individual scenes. Each scene will have its Fee clearly indicated and will not rebill. Users are liable for Fees for scene purchases together with all applicable taxes to be payable to the Company or its designee.
- 5.2 User will have a lifetime access to all individual scenes purchased regardless of their type of Membership.
- 5.3 For all questions regarding individual scene purchases, User may contact Portal Client Relations.
- 6.1 Fees are non-refundable once the Login details have been used on Portal. 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 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) days of communication between the User and the Company's Client Relations department.
- 6.3 For all billing inquiries you may also visit support.vivid.com
- 7.1 All chargebacks are carefully investigated and may prevent future purchases with Portal and its affiliates. Chargebacks made to unlawfully obtain goods or services from Portal shall constitute a breach of contract and shall not be tolerated. Portal shall take necessary measures to collect all Fees owed to Portal.
8. MEMBERSHIPS PURCHASED THROUGH PAYGARDEN
For Memberships purchased by gift cards through the PayGarden service, please note:
- 8.1 These Memberships are subject to the terms and conditions of PayGarden. A list of accepted gift cards to be used on the PayGarden service may be found at https://www.paygarden.com/brands.
- 8.2 These Memberships will not be rebilled.
- 8.3 No refunds or partial refunds will be issued to these Memberships. The Portal may only offer Users a similar Membership to a related website.
- 9.1 Membership includes a single, limited, personal, non-transferrable, non-exclusive license (the "License") to use the Portal for the sole purpose of accessing the images, video and sound published therein (the "Content") in the manner provided. You shall not resell, distribute or engage in any commercialization of the Portal or its Content. You 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.
- 9.2 Access to and use of the Portal is through Login. Each User is responsible for keeping their Login information confidential. Portal will not release Login information for any reason to anyone other than the User except as may be specifically required by law or court order. Unauthorized access to the Portal is a breach of this Agreement. You are responsible for your Login credentials and purchases made or other acts or omissions carried out with them.
- 9.3 As between You and Company, Company retains all right, title and interest in any and all intellectual property rights in the Portal and 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.
- 9.4 Company reserves the right to modify any or all of the Content or Portal without Your prior notice or consent.
- 9.5 The Company reserves the right to terminate this License at any time if the User breaches the terms of this Agreement.
10. TERM AND TERMINATION
- 10.1 Membership, Membership Term and the License shall begin as of when Fees are paid and Login is used and shall end when the Membership Term ends or as otherwise provided herein.
- 10.2 Users must promptly inform the Company's Client Relations department of any apparent breach of security, such as loss, theft, unauthorized disclosure or use of a Login. Until the Company is notified of such breach in security, the User will be liable for any unauthorized use of the Services.
- 10.3 Users may terminate their Membership at any time and without cause by providing Client Relations notice to cancel the Membership. Users may complete a form located at [email protected] or contact Client Relations directly. Users are liable for all Fees incurred on the Membership until 48 hours after notification of termination is received by the Company's Client Relations department. It is the User's responsibility to ensure notification is adequately provided. Notification should include full name, email address used upon joining and where applicable, the last four (4) digits of the Payment Method then in use. For Users residing in the European Union and pursuant to the General Data Protection Regulation (GDPR), in the event a User has exercised their right to delete their information, the Company will be unable to assist the User regarding notice of unauthorized use of the Services.
- 10.4 Company can terminate this Agreement at any time and for any reason or for no reason on notice to You through the Portal; however You shall be entitled to continue use of the Portal for the Membership Term for which Fees have already been paid.
- 10.5 By purchasing or terminating a Membership User agrees to receive an email confirmation thereof to the email address last provided to the Portal. Users may not opt out of receiving such emails. Therefore it is important to provide suitable contact information on sign-up for Membership.
- 10.6 Users who have terminated their Memberships may reactivate said Membership by entering their original Login details in the User Login section where their previously saved details will be used to process the reactivation provided that European Users have not exercised their right to delete their account details pursuant to the General Data Protection Regulation (GDPR). Users will have the option to select the Membership of their choice when they reactivate their Login. The new Membership will rebill at the price and at the frequency indicated in the new receipt sent to User's email address.
- 11.1 Bookmarking to a page on Portal whereby the warning page(s) and/or terms and conditions are by-passed shall constitute implied acceptance of this Agreement and an explicit confirmation the User is of or over the age of majority in their jurisdiction and the Content is not illegal in the Territory.
- 12.1 The Portal and its Content are provided "as is" without any express or implied warranty of any kind including warranties of merchantability or fitness for a particular purpose. The Company offers no assurance of uninterrupted or error free Services. The Company does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained on Portal. Any of the information offered on Portal may change at any time without notice. Portal makes no representation as to any of the Content. In no event shall the Company be liable for any damages whatsoever arising out of the use or inability to use the Portal or information available on Portal, even if the Company has been advised of such damages. These terms do not limit the non-waivable warranties or consumer protection rights you may be entitled to under the laws of your country of residence.
- 12.2 Users are responsible for providing all personal computer and communications equipment necessary to gain access to Portal. Users are also responsible for providing adequate contact details when subscribing to Portal.
- 12.3 If Portal enables Users to share information with third parties, User shall not submit, publish or display any defamatory, inaccurate, abusive, threatening, racially offensive or illegal material. Transmission of material violating any federal, state or local law is prohibited and is a breach of this Agreement. The Company shall not be liable for any information posted by Users on Portal. Company has no obligation, but reserves the right, to edit material posted by User on the Portal. User grants Company an unlimited worldwide, royalty-free, license to collect, store and disclose any and all material posted by the User in the Portal. Title in suggestions or other material posted by a User through the Portal shall be assigned to Company as of the posting thereof.
- 12.4 Users agree not to engage in advertising to or solicitation of other Users to buy or sell any products or services through Portal. Users are responsible for the information they send or display through Portal even if a claim should arise after termination of the Membership. All messages shall be deemed to be readily accessible to the general public. Do not use Portal for any communication for which you intend only you and the intended recipients to read as notice is hereby given all messages entered onto Portal can and may be read by the operators of Portal, whether or not they are the intended recipients.
13. GENERAL PROVISIONS
- 13.1 Indemnification. You shall indemnify and hold Company harmless from and against any and all claims arising from or related to your use of the Portal or your breach of the terms of this Agreement.
- 13.2 Limitation of Liability. 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 you during the 30 days prior to the event giving rise to liability.
- 13.3 Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason the remaining provisions shall continue to be valid and enforceable. If a court finds that any part of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
- 13.4 Notices. Notices by the Company or Portal to Users may be given by means of electronic messages, by a general posting on Portal, by conventional mail or by telephone. All questions or complaints regarding Portal must be directed to the Company's customer service department.
- 13.5 Contact Information. The Company's customer service department may be reached by email at [email protected], by telephone at 1-877-711-7334 or by online chat. If you have any questions or inquiries regarding a purchase via your Payment Method, please contact Chargepay B.V. at www.chargepaysupport.net. Industrieweg 5B, 2421 LK Nieuwkoop, NL.
- 13.6 Governing Law. This Agreement shall be governed pursuant to the laws of the Netherlands. Any and all disputes arising under this Agreement shall be resolved exclusively before courts of competent jurisdiction in the Netherlands.
- 13.7 Assignment. Company reserves the right to assign any or all of its rights or obligations under this Agreement to a third party without prior notice or consent from User
- 13.8 Survival. The following Sections hereof shall survive termination of this Agreement: 1 Definitions, 2 Agreement to View Adult Material, 9.1 and 9.3 Intellectual Property, 10 Term and Termination, 12 Disclaimers and 13 General.
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