Terms Of Service
Before Subscriber’s transaction can be completed, Subscriber must read and agree to these terms and conditions. By applying for access and or services from this website, Subscriber is agreeing to these Terms and Conditions, and is agreeing to be legally bound by them. This agreement is subject to change at any time. Changes are effective when posted on this site without notice upon each Subscriber.
Article 1 Definitions
|"Account" or "Membership"||shall mean the Subscriber or user of a valid username and password for the site during the term of membership.|
|"Dimema"||shall mean any of the companies billing the subscriber including any additional billing companies used, authorized or owned/controlled by Digital Media Management GmbH|
|"Site"||shall mean any website for which Subscriber is purchasing a username and password in order to access the site and its materials and obtain the benefits of membership. Check appendix A for a full list of websites.|
|"Subscriber"||shall mean the user of the services of the site and holder of a valid username (email address) and password for the Site.|
Article 2 Description of Services
Dimema will provide one access right to access the Site and its materials for which subscriber is purchasing a membership.
Article 3 Billing
DIGITAL, PHENTERTAI or other non-obscene descriptors (depending on subscriber’s
geographical location) may appear on subscriber's credit card, bank statement, or
phone bill for all applicable charges. If multiple venues are joined utilizing any payment
method, subscriber's statement will list each individual purchase comprising the
transaction. DIMEMA may include other information on subscriber statement based on
credit card association, telephone regulation, NACHA and any other mandated rules
and regulations. If Subscriber elects to use a checking account to purchase a
subscription to this site, a debit will be executed on their checking account.
Article 4 Payment / Fee
The Sites may have recurring and/or non-recurring subscription, approval or credit
purchase fees at the time of the initial enrolment for subscription. The account/member
is responsible for such fees according to the terms and conditions of such Site.
Article 5 General Billing
In accordance with the terms and conditions of the Site all types of fees will be charged
by DIMEMA. Subscriber hereby authorizes Dimema to charge Subscriber’s chosen
payment method to pay for the cost of membership/approval/account/credit package.
Subscriber hereby further authorizes Dimema to charge Subscriber’s chosen payment
method for any and all additional purchases of materials provided on the Site.
Article 6 Automatic Recurring Billing
In accordance with the terms and conditions of the Site subscription fees may be automatically renewed at or after the end of the original term selected, for a similar period of time and for a similar or lower amount, unless notice of cancellation is received from the Subscriber. Unless and until this agreement is cancelled in accordance with the terms hereof, Subscriber hereby authorizes Dimema to charge Subscriber’s chosen payment method to pay for the ongoing cost of membership. Subscriber hereby further authorizes Dimema to charge Subscriber’s chosen payment method for any and all additional purchases of materials provided on the Site.
Article 7 Agreed upon Method of Communication
Dimema and the Subscriber agree that a transaction receipt will be provided via email to the Subscriber’s address provided at the time of initial registration. Subsequent transactional updates may be communicated to the Subscriber through the members' account on the Site upon login to ensure receipt in the event Subscriber has unsubscribed from email communications.
Article 8 Electronic Receipt
Subscribers will receive an email receipt to their email provided upon initial registration. Subscriber may request a copy of the account of charges of their membership to the Site but Dimema does not guarantee the availability of such records more than 365 days after Subscription date. Requests must be made directly to Dimema. To contact Dimema refer to Customer Support links on the Site, or email@example.com
Article 9 Cancellation
At any time, and without cause, subscription to the service may be terminated by either:
Dimema, the Site, or the Subscriber upon notification of the other by electronic or
conventional mail in written form. Subscribers are liable for charges incurred until the
date of the termination.
Article 10 Refunds
Refunds for purchases or recurring charges may be requested by contacting customer support. Refunds or credits will not be issued for partially used Memberships. Cancellation for all future recurring billing may be requested in accordance with Section 8 - Cancellation. Dimema reserves the right to grant a refund or a credit applicable to purchases to the Site at its sole and entire discretion. The decision to refund a charge does not imply the obligation to issue additional future refunds. Should a refund be issued by Dimema for any reason, it will be credited solely to the payment method used in the original transaction. Dimema will not issue refunds by cash, check, or to another payment mechanism.
Article 11 Cardholder Disputes/Chargebacks
All chargebacks are thoroughly investigated and may prevent future purchases with Dimema given the circumstances. Fraud claims may result in Dimema contacting Subscriber’s issuer to protect Subscriber and prevent future fraudulent charges to Subscriber card. Subscriber expressly gives the authorization to Dimema to take all necessary steps to pursue and prevent fraudulent charges, including processing and forwarding personal data of the Subscriber to third parties, notably where this is necessary to examine, pursue or prevent fraudulent charges or similar acts.
Article 12 Authorization of Use
Subscribers to the Site are hereby authorized a single access rights to access the service or material located at this website. This access rights shall be granted for sole use to one Subscriber. All memberships are provided for personal use and shall not be used for any commercial purposes or by any other third parties. Commercial use of either the Site or any material found within is strictly prohibited unless authorized by the website. No material within the Site may be transferred to any other person or entity, whether commercial or non-commercial. No material within the Site may be distributed through peer-to-peer networks or any other file sharing platforms. In addition, materials may not be modified, or altered. Materials may not be displayed publicly, or used for any rental, sale, or display. Materials shall extend to copyright, trademarks, or other proprietary notices there from. Dimema and the Site reserve the right to terminate this access rights at any time if the terms of this agreement are breached. In the case that the terms are breached, Subscriber will be required to immediately destroy any information or material printed, downloaded or otherwise copied from the site.
Article 13 Transfer of Access Rights
Access to the Site is through a combination of a username/email and a password and, when applicable, a second device such as a mobile phone or application. Subscribers may not under any circumstances release their access rights to any other person, and are required to keep their access rights strictly confidential. Dimema will not release passwords for any reason, to anyone other than the Subscriber, except as may be specifically required by law or court order. Unauthorized access to the Site is a breach of this Agreement. Subscribers acknowledge that the owner of the Site may track through the use of special software each Subscriber’s entry to the site. If any breach of security, theft or loss of access rights, or unauthorized disclosure of access rights information occurs, Subscriber must immediately notify Dimema or the Site of said security breach. Subscriber will remain liable for unauthorized use of service until Dimema or the site is notified of the security breach by e-mail or telephone.
Article 14 Sanction and Approval of Adult Material
This Site contains age-restricted materials. If Subscriber is under the age of 18 years, or under the age of majority in the location from where accessing this Site, Subscriber does not have authorization or permission to enter or access any of its materials and Subscriber is obliged to immediately stop accessing this Site. If Subscriber is over the age of 18 years or over the age of majority in the location from where accessing this site, by entering the Site, the Subscriber gives his/her approval to all materials and all content displayed on the Site. It applies the Law of Switzerland.
Article 15 Supplementary Terms and Conditions
A payment provider chosen by the Customer may have additional Terms and Conditions that are an integral part of their offering to the Subscriber, and are in addition to these Terms and Conditions. Such Terms and Conditions will in no way invalidate any of the Terms and Conditions listed here.
Article 16 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 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.
Article 17 Notice
Notices by the site to Subscribers may be given by means of electronic messages through the Site, by a general posting on the Site. Notices to Subscribers may be given by electronic messages,. All questions, complaints, or notices regarding the site must be directed to Dimema. All cancellations of service to a site must also be directed to Dimema.
Questions and Contact Information
All questions to Dimema regarding these terms and conditions must be directed to:
For billing issues: firstname.lastname@example.org
For support/technical issues email@example.com
For media, marketing and business issues firstname.lastname@example.org
Article 18 DISCLAIMER
User understands that Dimema’s websites cannot and does not guarantee or warrant that files available for downloading from the internet will be free of viruses, worms, trojan horses or other code that may manifest contaminating or destructive properties. User is responsible for implementing sufficient procedures and checkpoints to satisfy subscriberr particular requirements for accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data. Dimema’s websites do not, to the extent permissibly by law, assume any responsibility or risk for subscriber use of the internet.
To the extent permissibly by law, users use of the site is at their own risk. The content is provided "as is" and without warranties of any kind, either expressed or implied. Dimema’s website disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Dimema’s website does not warrant that the functions or content contained in the site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or other harmful components. Dimema’s website does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and Dimema’s website may make changes or improvements at any time. User, and not Dimema’s website, assume the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising from the use of the site or its content. Dimema’s website makes no warranties that subscriber use of the content will not infringe the rights of others and assumes no liability or responsibility for errors or omissions in such content. To the extent permissible by law, Dimema’s website does not warrant or make any representations regarding the content's appropriateness or authorization for use in all countries, states, provinces, county or any other jurisdictions. If subscriber chooses to access the site, subscriber do so on subscriber own initiative and risk and are responsible for compliance with all applicable laws.
Article 19 SUBSCRIPTION FEES AND USER COMMUNICATION
Subscription and Membership fees to the Site are subject to change at any time at the sole and absolute discretion of Dimema. The current monthly membership rate which will appear on Subscriber’s credit card bill, will be debited from Subscriber account, charged to Subscriber telephone, etc., depending Subscriber, choice of payment means.
Article 20 "OPT-IN AND USER COMMUNICATION"
Subscriber expressly and specifically acknowledges and agrees that his email address or other means of communicating with Subscriber may be used to send him offers, information or any other commercially oriented emails or other means of communications. More specifically, some offers may be presented to the Subscriber via email campaigns or other means of communications with the option to express the Subscriber’s preference by either clicking or entering “ACCEPT” or "PROCEED" (alternatively "yes") or "decline" (alternatively "no"). By selecting or clicking the "ACCEPT" or "PROCEED", the Subscriber indicates that the Subscriber "OPTS-IN" to that offer and thereby agrees and assents that the Subscriber’s personal information, including its email address and data may be used for that matter or disclosed to third-parties.
Article 21 Sponsors, Advertisers and Third Parties
The Site may provide links to sponsor, advertiser, or other third party websites that are not owned or controlled by Dimema’s Website. Inclusion of, linking to, or permitting the use or installation of any third party site, applications, software, content or advertising does not imply approval or endorsement thereof by Dimema’s Website. Dimema’s websites have no control over, and assumes, to the extent permissible by law, no responsibility for, the content, privacy policies, or practices of any third parties. By accessing or using the Site, you agree to release Dimema’s Website, to the extent permissible by law, from any and all liability arising from your use of any third-party website, content, service, or software accessed through the Site. Your communications or dealings with, or participation in promotions of, sponsors, advertisers, or other third parties found through the Site, are solely between you and such third parties. You agree that Dimema’s Website shall, to the extent permissible by law, not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with such sponsors, third parties or advertisers, or as the result of their presence in the Site.
Article 22 General terms
22.1 Dimema reserves the right at any time to modify these terms and to add new or additional terms or conditions on your use of the Website and its services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Services will be deemed acceptance thereof.
22.2 Use of the Site is exclusively subject to substantive Swiss law, without reference to its conflict of law-provisions. Any dispute arising out of, or in connection with, the use of the Site shall exclusively be brought to the competent court available at the domicile of Digital Media Management GmbH, Zugerstrasse 74 in 6143 Baar, Switzerland