FreshSX is an online Membership (“Subscription”) service
(the "Service") owned and operated by G-Teq Media B.V., (“G-Teq Media
B.V.”). 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 FreshSX 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/ updated in line with European/ International Law
by FreshSX at any time, and changes are effective upon notice to each
Subscriber. Notices by FreshSX 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 FreshSXs 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, The Subscriber agrees to pay his/her subscription fee by credit
card (or other approved facility or mechanism), and hereby authorizes FreshSX.com
or it's Agents 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 a money transfer system or Online cheque payment system also acknowledge
that if payment is returned unpaid for “Not Sufficient Funds” or “Insufficient
Funds”, the Customer is responsible for the unpaid transaction, plus a “Returned
Item Fee” of the Banking Services we use or the Maximum allowed by law will
be electronically debited from the Customers bank account.
4. Subscriber agrees to immediately inform FreshSX of any of the
following changes in his/her 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 FreshSX of same, Subscriber will remain
liable to FreshSX for any and all charges for unauthorized use of the
Service and will be liable to any costs whatsoever in FreshSX re-claiming
Charge Back costs and such like which will be levied against the Service by
the Banking/ or Credit Card Clearing/or Billing Agencies.
5. Subscription to the Service will be automatically renewed for the
original term upon expiration of such Term, unless your subsciption is cancelled
via the online cancellation facility with each billing company prior to membership
expiration.
• 30 DAY memberships will automatically renew every 30 days after signup. Membership
will not be renewed if subscriber cancels within the initial 30 day period and
can provide proof of such cancellation via cancellation confirmation number.
• 90 DAY memberships will automatically renew every 90 days after signup. Membership
will not be renewed if subscriber cancels within this 90 day period and can
provide proof of such cancellation via cancellation confirmation number.
• 180 DAY memberships will automatically renew every 180 days after signup. Membership will not be renewed if subscriber cancels within this 180 day period and can provide proof of such cancellation via cancellation confirmation number.
• Cancellation of membership may ONLY be accomplished via the online cancellation
facility provided by each of our billing companies. This service is available
24 hours a day, seven days a week. Upon cancellation of your account, you will
receive a Cancellation Confirmation by e-mail for your records.
6. Subscribers acknowledge that subscriptions entitle full unrestricted
access to the website.
7. FreshSX 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, each Subscriber will choose
a unique username ID and Password which allows access to the Service limited
or otherwise depending on the Terms of membership taken. The ID and password
is issued by FreshSX or its Agent, in the form of a revocable license
and remain the property of FreshSX and constitute proprietary information
and are the property of FreshSX. IDs and passwords are non- transferable.
Each Subscriber/ Member must keep his password strictly confidential . Remember
your password, for security reasons, FreshSX will not release passwords
for any reason, without validation of proof of such membership, ie confirmation
of your email address/ or except as may be specifically required by law or court
order. Transfer of any ID or password to another person or organisation, or
allowing any person or organisation 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.
9. Subscriber hereby states and affirms under oath, warrants and represents
that he/she is at least eighteen (18) years of age and has the legal capacity
to enter into an agreement of this nature. FreshSX makes no representation
or warranty that the content published on FreshSX 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 FreshSX.Com, namely, erotic and sexually explicit
materials, and that you voluntarily and knowingly choose to view said material,
and that such material does not offend your sensibilities. Should you be unable
to positively affirm these said terms and make the representations and warranties
contained herein, DO NOT subscribe to this Service.
10. Under no circumstances, including, but not limited to, negligence,
shall FreshSX 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. The Subscriber
specifically re-affirms and agrees that FreshSX 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 FreshSX for the preceding twelve (12) months.
11. FreshSX 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. FreshSX, 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,
FreshSX 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 FreshSX,
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
stated herein. Should any such claim for indemnity arise, or should any action
be brought by Subscriber or FreshSX relating to any services or products
offered by or through the Service, the Subscriber agrees to submit to the personal
jurisdiction of any of the Courts of The Netherlands. Should any such claim
for indemnity arise, or should any action be brought by subscriber or FreshSX
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
13i., and 13ii., stated below, The Subscriber agrees to submit to the personal
jurisdiction to and of any of the Courts in the Netherlands.
13I. 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, FreshSX or
the FreshSX agent(s), authorized to process and/or collect funds or assignees
or attorneys on behalf of FreshSX, may at their option, bring said claim
or cause of action in any of the Courts of the Netherlands, and SUBSCRIBER AGREES
AND SUBMITS TO THE PERSONAL JURISDICTION OF THE SAID COURTS.
13II. 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 THE NETHERLANDS 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/ REGISTERED MAIL at the address designated
on this agreement or on the agreement with FreshSX OR of its 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 FreshSX, or is licensed under
copyright by FreshSX, and may not be copied, redistributed, or downloaded,
in whole or in part, without the prior written consent of FreshSX.
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 on
its Website Notice Boards / Forums. Transmission of such material that violates
any European, State, or Local Law, is prohibited and is a breach of this Agreement.
17. Subscribers agree not to engage in advertising to, or solicitations
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.
18. There are no facilities provided by the Service for sending or receiving
private or confidential electronic communications between Subscribers. 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 FreshSX 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 FreshSX by means of electronic
message must be directed to info@freshsx.com
• All questions regarding new FreshSX membership by means of electronic
message should be sent to support@freshsx.com
20. This Agreement sets forth the full and complete understanding between
Subscriber and FreshSX with respect to its subject matter, and overrides
all prior understanding or agreements, statements whether written or verbal.
This Agreement may be amended/ or updated due to changes enforced upon us by
the International or European Courts, and will inform to give due notice by
FreshSX 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 Netherlands
for contracts entered into and wholly performed within that Union . The prevailing
party in any suit to enforce the terms hereof shall be entitled to recover his/her
reasonable attorneys' fees.
© Copyright 2004 held by freshSX