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Terms
of Service
Unlimited Access Pass is an online subscription service (the
"Service") owned and operated by Radical Entertainment Inc.
("Radical Entertainment"). 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 Radical Entertainment 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 Radical Entertainment at
any time, and changes are effective upon notice to each Subscriber.
Notices by Radical Entertainment 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 Radical Entertainment'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 Radical Entertainment 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 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 Radical Entertainment 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 Radical Entertainment of same, Subscriber will remain liable to
Radical Entertainment 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 Radical Entertainment
is notified via email at support@unlimitedaccesspass.com
7 days prior to membership expiration.
* 3 DAY trial memberships will renew to a full membership 72 hours after
signup. Membership will not be renewed if subscriber cancels within this
trial period and can provide proof of such cancellation via cancellation
confirmation number.
* Cancellation for trial and full membership should be accomplished
via the online Radical Entertainment Customer Service Website. You may
access this website by going to http://www.unlimitedaccesspass.com/support/.
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.
* Upon "upgrading" a Trial Subscription to a Full Membership,
the subscriber acknowledges that Radical Entertainment will bill the
subscriber for a full monthly membership, and will thus continue as a
full, re-occurring Member.
6. Radical Entertainment has no responsibility for supplying Subscribers
with computer equipment or communications connections necessary to
access the Service. Subscribers are solely responsible for these items.
7. Upon becoming a Subscriber to the Service, Radical Entertainment will
provide the Subscriber with a unique ID and password which allows access
to the Service. The ID and password is issued by Radical Entertainment
in the form of a revocable license and remain the property of Radical
Entertainment and constitute proprietary information and are the
property of Radical Entertainment. IDs and passwords are non-
transferable. Each Subscriber must keep his password strictly
confidential. Remember your password! For security reasons, Radical
Entertainment 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
8. 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. Radical Entertainment makes no representation or
warranty that the content published on Unlimited Access Pass 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 Unlimited Access Pass, 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.
9. Under no circumstances, including, but not limited to, negligence,
shall Radical Entertainment 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
Radical Entertainment 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 Radical
Entertainment for the preceding twelve (12) months.
10. Radical Entertainment 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. Radical Entertainment, 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, Radical Entertainment 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.
11. 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.
12. Subscriber agrees to indemnify and hold harmless Radical
Entertainment, Unlimited Access Pass, 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 Radical Entertainment 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 Texas.
13. Except for public domain material and electronic messages, all
material displayed on the Service is copyrighted by Radical
Entertainment, or is licensed under copyright by Radical Entertainment,
and may not be copied, redistributed, or downloaded, in whole or in
part, without the prior written consent of Radical Entertainment.
14. The Service is for the private, non- commercial enjoyment of
Subscribers only. Any other use is prohibited.
15. 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, state, or local law, is prohibited and is a breach
of this Agreement.
16. 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.
17. 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).
18. Notices by Radical Entertainment 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 Radical Entertainment by
means of electronic message must be directed to support@unlimitedaccesspass.com
* All questions regarding new Radical Entertainment membership by means
of electronic message should be sent to support@unlimitedaccesspass.com
19. This Agreement sets forth the full and complete understanding
between Subscriber and Radical Entertainment 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 Radical
Entertainment 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 Texas 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.
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