1.)
Membership
: By becoming a member of this Site (the "Service"),
you become a Subscriber and agree to be bound by this Agreement (the
"Agreement"). This agreement is subject to change by Exclusive
Content, Inc. at any time, and changes are effective immediately without notice.
2.)
Subscription fees
: The subscriber is responsible for paying periodic subscription fees
according to the then-current billing terms. Subscription fees are
non-refundable.
3.) Payment : Unless and until this
agreement is cancelled in accordance with the terms hereof, Subscriber
hereby authorizes the "Service" to charge subscriber's credit card (or
other approved facility) to pay for the ongoing cost of membership.
Subscriber hereby further authorizes the "Service" to charge
Subscriber's credit card (or other approved facility) for any and all
purchases of products, services and entertainment provided by Exclusive
Content, Inc.. Subscribership may not be assigned or transferred to any
other person or entity. Subscriber must promptly inform Exclusive
Content, Inc. of the following: changes in the expiration date of any credit
card used in connection with the Service; changes in home or billing
address; any apparent breaches of security, such as loss, theft, or
unauthorized disclosure or use of an ID or password. Until Diamond
International is notified, by e-mail, or by telephone at of a breach in
security, the Subscriber will remain liable for any unauthorized use of
the Service.
4.)
Rebilling : 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
Exclusive Content, Inc. is notified via email 3 days prior to membership
expiration. Trial Memberships are required to cancel within 1 day prior
to expiration. Trial Memberships are renewed at the standard one month
rate.
5.)
Termination : Subscription to the Service
may be terminated at any time, and without cause, by either Exclusive
Content, Inc. or the Subscriber upon notification of the other by
electronic or conventional mail, or by telephone. When termination is
requested by a member, subscription fees are NOT refunded.
Subscribers are liable for charges incurred by them until termination of
service.
6.)
Responsibility : 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. For security
reasons, Exclusive Content, Inc. 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 law.
7.)
Liability : Any liability of Exclusive
Content, Inc. including without limitation any failure of performance,
error, omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction or
unauthorized access to, alteration of, or use of records, whether for
breach of contract, tortuous behavior, negligence, or under any other
cause or action, shall be strictly limited to the amount paid by or on
behalf of the subscriber to Exclusive Content, Inc. 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.)
Warranty : No warranty is made by Exclusive
Content, Inc. regarding any information, services, or products provided
through or in connection with the Service, and Exclusive Content, Inc. 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 a particular purpose. Some
states/provinces do not allow the exclusion of implied warranties, so
the above exclusion may not apply to you.
9.)
Use : The material on the Service is for
the private, non-commercial enjoyment of Subscribers only. Any other use
is strictly prohibited.
10.)
Notice : Notices by Exclusive Content, Inc.
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 or
conventional mail, unless otherwise specified in the Agreement.
11.)
Contact : All questions should be sent by
means of electronic message to
admin@exclusivecontent.com.
Please include your name and username in all correspondence or IT WILL
BE IGNORED. We must know who you are in order to be able to help.
This may also be used to cancel your membership.
12.)
Age : The subscriber hereby warrants and
represents that he or she is over the age of 18, or 21 where such local
laws require, and in all respects is qualified and competent to enter
into this agreement.
13.) Finality : This Agreement contains the
entire agreement between the Subscriber and Exclusive Content, Inc.
regarding the use of the Service, and supersedes all prior written and
oral understandings and writings, and may only be amended upon notice by
Exclusive Content, Inc. to Subscribers. Unless otherwise explicitly
stated, the provisions of this Agreement shall survive its terminations.
14.) Jurisdiction : The Agreement shall be
governed pursuant to the laws of the State of Colorado.
15.)
Security and Non-Assignability : Members
may not assign or transfer access privileges to any other person or
entity. Members must promptly inform Diamond International of the
following: changes in the expiration date of any credit card used in
connection with this Service; changes in home or billing address;
apparent breaches of security, such as loss, theft, or unauthorized
disclosure or use of an ID or password. All such communications must be
sent via email to
admin@exclusivecontent.com.
Until Exclusive Content, Inc. is notified by e-mail of a breach in
security, the Member will remain liable for any unauthorized use of the
Service. Upon request, Members will be given access to billing records
that support charges for use of Exclusive Content, Inc..
To read our Privacy Policy, please
click here.