CCPayments is an online subscription service (the "Service") owned and operated by Live Interactive (Live Interactive). Please carefully read and understand these Terms and Conditions prior to becoming a subscriber to the Service, as they constitute a binding legal agreement (the "Agreement") by and between Live Interactive and persons who elect to become subscribers to the Service (the "Subscribers").
1. As a subscriber to the Service, you agree to be bound by each and every provision contained in this Agreement. This agreement may be modified or amended by Live Interactive at any time, and such changes shall be effective upon prior written notice to each Subscriber. Notices by Live Interactive to Subscribers may be given via electronic messages through the Service, a posting of the Service, or by mail.
2. Subscribers shall be charged a subscription fee for the Service, in accordance with Live Interactive’s then-current billing terms. Except as otherwise provided herein, subscription fees are non-refundable.
3. Until such time as this Agreement is terminated in accordance with its provisions, Subscriber agrees to pay his/her/its subscription fee by credit card (or other approved facility or mechanism), and hereby authorizes Live Interactive to charge Subscriber's credit card (or other approved facility or mechanism) for the ongoing subscription fee, and for any and all purchases or products and/or services purchased by Subscriber from the Service. All services or products are owned by Live Interactive.
4. Subscriber agrees to immediately inform Live Interactive of any of the following changes in his/her/its credit card account: Change in home or billing address; card loss or theft, or unauthorized usage of the card; apparent breach of security of Subscriber ID or password, such that unauthorized access to the Service via the card is possible. Unless Subscriber gives proper notice to Live Interactive of same, Subscriber will remain liable to Live Interactive for any and all charges for unauthorized use of the Service.
5. Subscription to the Service will be automatically renewed for the original term upon expiration of such term, unless Live Interactive is notified via our online Customer Service Area at http://customer.spanetworks.com/support.php 7 days prior to membership expiration.
6. Trial Subscribers acknowledge that Trial subscriptions may not necessarily entitle full, unrestricted access to the website. Special Features, and Member's Events will be restricted to full members only. Trial Subscribers can either "Upgrade" their Memberships at anytime via the website or wait until the account re-bills to a Full Monthly Membership. Each process will grant full access. The "upgrade" process will immediately enter the subscriber into a Full-Monthly billing cycle.
7. Live Interactive has no responsibility for supplying Subscribers with computer equipment or communications connections necessary to access the Service. Subscribers are solely responsible for these items.
8. Upon becoming a Subscriber to the Service, Live Interactive will provide the Subscriber with a unique ID and password which allows access to the Service. The ID and password is issued by Live Interactive in the form of a revocable license and remain the property of Live Interactive and constitute proprietary information and are the property of Live Interactive. IDs and passwords are non- transferable. Each Subscriber must keep his password strictly confidential.
For security reasons, and in compliance with all applicable privacy and confidentiality statues, Live Interactive shall not release passwords for any reason, except as specified in this Agreement. Transfer of any ID or password to another person or entity, or allowing any person or entity other than the Subscriber to access the Service via such Subscriber’s ID and password is strictly prohibited, and is a breach of this Agreement and a violation of law. Each account (user name) is limited to no more than 10 daily entries within a 24 hour-period. The said time period begins at 12:00 Midnight EST and ends at 12:00 Midnight EST.
9. Subscriber hereby swears and affirms under oath, warrants and represents that he/she has the legal capacity (18 years of age or 21 in some jurisdictions) to enter into agreements of this nature. Live interactive makes no representation or warranty that the content published on CCPayments.com complies with the local laws of your jurisdiction. You are solely responsible for knowing and understanding your local laws concerning standards of content legality. You further represent and warrant that you understand the nature of the content published on CCPayments.com, namely, sexually explicit material, and that you voluntarily and knowingly choose to view such material, and that such material does not offend or vex your sensibilities. Should you be unable to affirmatively make the representations and warranties contained herein, do NOT subscribe to this Service.
10. Under no circumstances, including, but not limited to, negligence, shall Live Interactive or any of its related, affiliated companies be liable for any direct, indirect, incidental, special, consequential or punitive damages that result from the use of, or the inability to use the Service. Subscriber specifically acknowledges and agrees that Live Interactive is not liable for any defamatory, offensive or illegal conduct of any user, or for 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 under contract or tort theory, or under any other cause of action, for any amount over and above the amount paid by Subscriber to Live Interactive for the preceding twelve (12) months.
11. Live Interactive MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. SUBSCRIBER'S USE OF THE SERVICE IS AT HIS/HER OWN RISK. Live Interactive Fame, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVER OR CONTENT, IS LIABLE FOR ANY DIRECT INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING FROM YOUR ACCESS TO, USE OF, OR INTERPRETATION OF, THE SERVICE OR PRODUCTS OR SERVICES OR INFORMATION PROVIDED BY OR THROUGH THE SERVICE. WITHOUT LIMITING THE FOREGOING, Live Interactive MAKES NO WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, OR NON-RESULTS OF THE USE OF THE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
12. Subscriber agrees to indemnify and hold harmless Live Interactive, CCPayments.com, their officers, directors, managers, members, agents and employees against any claims, losses, liabilities or expenses (including reasonable attorneys' fees) arising out of Subscriber's breach of any term, condition or promise contained herein. Should any such claim for indemnification arise, or should any action be brought by Subscriber or Live Interactive relating to any services or products offered by or through the Service, Subscriber agrees to submit to the jurisdiction of the courts of Montevideo, Uruguay.
13. Except for public domain material and electronic messages, all material displayed on the Service is copyrighted by Live Interactive, or is licensed under copyright by Live Interactive and may not be copied, redistributed, or downloaded, in whole or in part, without the prior written consent of Live Interactive.
14. The Service is to be used by private, non-commercial subscribers only. Any use other than that specified in this agreement is strictly prohibited.
15. 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. Subscriber hereby acknowledges and agrees 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).
16. Notices by Live Interactive 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.
17. This Agreement sets forth the full and complete understanding between Subscriber and Live Interactive with respect to its subject matter, and supersedes all prior understanding or agreements, whether written or verbal. This Agreement may be modified upon notice by Live Interactive to its Subscribers. Unless contrary to law or otherwise stated, each provision of this Agreement shall survive termination. This Agreement shall be governed by, and construed in accordance with, the laws of Michigan, United States for contracts entered into and wholly performed within that State. The prevailing party in any suit to enforce the terms hereof shall be entitled to recover his/her/its reasonable attorneys' fees.
18. This agreement shall be governed by the laws of Uruguay. Any dispute arising out of or in connection with this Agreement, particularly those pertaining to its construction, validity, enforcement and termination (including the validity and acceptance of this clause) shall be settled by appointment of one arbitrator in accordance with the provisions set forth by the Uruguayan Chamber of Commerce.