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Terms
Of Service
This Website provides links to online subscription services
("Service") owned and operated by SBCash ("SBCash").
Please carefully read and understand these Terms and Conditions
prior to becoming a subscriber to the Services, as they constitute
a binding legal agreement (the "Agreement") by and
between SBCash 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 (the "Agreement").
This Agreement may be modified or amended by SBCash at any
time, and changes are effective upon notice to each Subscriber.
Notices by SBCash to Subscribers may be given via electronic
messages through the Service, a posting on the Service, or
by mail.
2.
Subscribers will be charged a subscription fee for the Service,
in accordance with SBCash's then-current billing terms.
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 SBCash 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. Subscribers using our ACH or Online check payment
system also acknowledge that if payment is returned unpaid
for "NSF" or "Insufficient Funds", the
Customer is responsible for the unpaid transaction, plus a
"Returned Item Fee" of $25.00 or the Maximum allowed
by law will be electronically debited from the Customers bank
account.
4.
Subscriber agrees to immediately inform SBCash of any of the
following changes in his/her/its credit card account: 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 SBCash of same, Subscriber
will remain liable to SBCash 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
the billing company that processed the transaction is notified
7 days prior to membership expiration.
* Cancellation for trial and full membership may ONLY be accomplished
by cancelling the membership via the normal cancellation method
at the applicable billing companies online cancellation page.
This service is available 24 hours a day, seven days a week.
Upon cancellation of your account, you will receive a Cancellation
Confirmation Number for your records.
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 must wait until the account
re-bills to a Full Monthly Membership before these special
features become available.
7.
SBCash 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, SBCash will provide
the Subscriber with a unique ID and password which allows
access to the Service. The ID and password is issued by SBCash
in the form of a revocable license and remain the property
of SBCash and constitute proprietary information and are the
property of SBCash. IDs and passwords are non- transferable.
Each Subscriber must keep his password strictly confidential.
Remember your password! For security reasons, SBCash 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 limited 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
9.
Subscriber hereby swears and affirms under oath, warrants
and represents that he/she is at least eighteen (18) years
of age (21 in jurisdictions that require that age limit) and
has the legal capacity to enter into agreements of this nature.
SBCash makes no representation or warranty that the content
published on the applicable website 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 the applicable website is 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.
10.
Under no circumstances, including, but not limited to, negligence,
shall SBCash or any of its related or 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 SBCash 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 SBCash for the preceding
twelve (12) months.
11.
SBCash 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 SBCash, NOR ANY OTHER 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, SBCash 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.
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.
13.
Subscriber agrees to indemnify and hold harmless SBCash, the
applicable websites, their officers, directors, managers,
members, agents and employees from any 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 SBCash
relating to any services or products offered by or through
the Service, Subscriber agrees to submit to the personal jurisdiction
of the courts of Cyprus. Should any such claim for indemnification
arise, or should any action be brought by subscriber or SBCash
relating to any services or products offered by or through
the Service, except those claims or actions relating to those
products and services covered in paragraphs 13a., and 13b.
below, Subscriber agrees to submit to the personal jurisdiction
of the courts of the state of Michigan.
13a.
If a claim or cause of action arises due to the failure by
subscriber to pay for product or service or if a claim or
cause of action for insufficient funds or fees due as a result
of insufficient funds arises, SBCash or the SBCash agent(s),
authorized to process and/or collect funds or assignees or
attorneys on behalf of SBCash, may at their option, bring
said claim or cause of action in any Court sitting in Cyprus,
and SUBSCRIBER AGREES AND SUBMITS TO THE PERSONAL JURISDICTION
OF THE SAID COURTS and WAIVES TRIAL BY JURY.
13b.
All claims or causes of action arising due to the failure
by subscriber to pay for product or services or any claim
or cause of action for insufficient funds or fees due as a
result of insufficient funds shall be GOVERNED BY THE LAWS
OF CYPRUS and the SUBSCRIBER WAIVES PERSONAL SERVICE UPON
THEM, and agrees that SERVICE OF PROCESS regarding these claims
or causes of action shall be accomplished VIA CERTIFIED MAIL
at the address designated on this agreement or on the agreement
with the SBCash agent(s) who is authorized to process payments
and SHALL BE DEEMED PERSONAL SERVICE.
14.
Except for public domain material and electronic messages,
all material displayed on the Service is copyrighted by SBCash,
or is licensed under copyright by SBCash, and may not be copied,
redistributed, or downloaded, in whole or in part, without
the prior written consent of SBCash.
15.
The Service is for the private, non- commercial enjoyment
of Subscribers only. Any other use is prohibited.
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 law, is prohibited and
is a breach of this Agreement.
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 SBCash's 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.
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).
19.
Notices by SBCash 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 SBCash by means
of electronic message must be directed to support@solobabecash.com
* All questions regarding new SBCash membership by means of
electronic message should be sent to support@solobabecash.com
20.
This Agreement sets forth the full and complete understanding
between Subscriber and SBCash with respect to its subject
matter, and supersedes all prior understandings or agreements,
whether written or verbal. This Agreement may be modified
upon notice by SBCash 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 Cyprus.
The prevailing party in any suit to enforce the terms hereof
shall be entitled to recover his/her/its reasonable attorneys'
fees.
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