Terms Of Service |
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This
website is an online subscription service (the "Service")
owned and operated by Swift Payments Inc ("S.P.I.").
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 S.P.I.
and persons who elect to become subscribers to the Service (the "Subscribers").
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1.
As a Subscriber to the Service, you agree to be bound by each and
every provision contained in this Agreement (the "Agreement"). This
Agreement may be modified or amended by S.P.I. at any time,
and changes are effective upon notice to each Subscriber. Notices
by S.P.I. to Subscribers may be given via electronic messages
through the Service, a posting on the Service, or by mail.
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2.
Subscribers will be charged a subscription fee for the Service, in
accordance with S.P.I.'s then-current billing terms.
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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 S.P.I. 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.
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4.
Subscriber agrees to immediately inform S.P.I. 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 S.P.I. of same,
Subscriber will remain liable to S.P.I. for any and all
charges for unauthorized use of the Service.
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5.
Subscriber's subscription to the Service will be automatically renewed for the original term upon expiration of such term, unless S.P.I. is notified via the billing companies online Customer Service Area that can be accessed by clicking here, 7 days prior to membership expiration. This is subject to two exceptions:
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6.
Subscription to the Service may be terminated at any time, and without
cause, by S.P.I. upon notification to the subscriber by
electronic or conventional mail, or by telephone.
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7.
S.P.I. has no responsibility for supplying Subscribers
with computer equipment or communications connections necessary to
access the Service. Subscribers are solely responsible for these items.
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8.
Upon becoming a Subscriber to the Service, S.P.I. will
provide the Subscriber with a unique ID and password which allows
access to the Service. The ID and password is issued by S.P.I.
in the form of a revocable license and remain the property of S.P.I.
and constitute proprietary information and are the property
of S.P.I. IDs and passwords are non- transferable. Each
Subscriber must keep his password strictly confidential. Remember
your password! For security reasons, S.P.I. will not release
passwords for any reason, except as may be specifically required by
law or court order. 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 (username) is limit to no more than 10 logins a day over
a 24 over hour period. The said period lasts from 12:00 midnight EST
to 12:00 midnight EST
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9.
Subscriber hereby swears and affirms under oath, warrants and represents
that he/she is at least eighteen (18) years of age (21 in some jurisdictions)
and has the legal capacity to enter into agreements of this nature.
S.P.I. makes no representation or warranty that the content
published on our website(s)complies with the local laws of your jurisdiction.
You are solely responsible for knowing and understanding your local
laws concerning standards of content legality for purposes of obscenity
laws. You further represent and warrant that you understand the nature
of the content published on our(web sites)namely, sexually explicit
materials, 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.
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10.
Under no circumstances, including, but not limited to, negligence,
shall S.P.I. 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 S.P.I. 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 S.P.I.
for the preceding twelve (12) months.
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11.
S.P.I. 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. NEITHER S.P.I., 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, S.P.I. 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.
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12.
PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY
TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS
REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
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13.
Subscriber agrees to indemnify and hold harmless S.P.I.,
their officers, directors, managers, members, agents and employees
from or against any claims, losses, liabilities or expenses (including
reasonable attorney's 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 S.P.I. relating to any services or products offered
by or through the Service, Subscriber agrees to submit to the personal
jurisdiction of the courts of the State of Nevada.
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14.
Except for public domain material and electronic messages, all material
displayed on the Service is copyrighted by S.P.I., or is
licensed under copyright by S.P.I., and may not be copied,
redistributed, or downloaded, in whole or in part, without the prior
written consent of S.P.I..
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15.
The Service is for the private, non- commercial enjoyment of Subscribers
only. Any other use is prohibited.
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16.
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, provincial, or local law, is prohibited and is a breach of
this Agreement.
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17.
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.
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18.
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).
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19.
Notices by S.P.I. 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. All questions, complaints, or notices to S.P.I. by means of electronic message must be directed to support@swiftpayments.net All questions regarding new S.P.I. membership by means of electronic message should be directed to support@swiftpayments.net |
20. This Agreement sets forth the full and complete understanding between Subscriber and S.P.I. 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 S.P.I. 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 the State of Michigan 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. |
All rights reserved - ©2015 Swift Payments Inc 3319 Greenfield Rd #135 Dearborn, MI 48120. |