Voorwaarden en condities

4 August 2011

You must read and agree to these Terms and Conditions before you can join. By purchasing a Membership or using the Services of JOEY SILVERA you become a User and thus agree to be legally bound by these Terms and Conditions (the "Agreement"). The parties to this Agreement are ChargePay BV (the "Corporation") the owner of JOEY SILVERA and you, the User.

  1. 1. DEFINITIONS
    1. 1.1 "Approved Facility" shall mean the method of payment which you use to purchase your Membership. This may include credit card, debit card, money order or online check
    2. 1.2 "Bookmarking" shall mean the act of placing a Web page (URL) into a temporary file on the User's browser so that the User may return to that page at a future date directly, without passing through any preceding pages
    3. 1.3 "Login" shall mean the combination of the unique username and password that is sold or provided by the Corporation to the User and used to access JOEY SILVERA. A Login is a license to use the site for a period of time
    4. 1.4 "Membership" shall be the access granted to a User for a period of time, to JOEY SILVERA for the purpose of using the Services
    5. 1.5 "Services" shall be the ability to either stream and/or download images and scenes and navigate different areas of JOEY SILVERA
    6. 1.6 "User" shall be a person from the general public, of or over the age of majority in their jurisdiction who accesses certain areas of JOEY SILVERA and/or purchased a Membership
    7. 1.7 "JOEY SILVERA" shall be the website to which you are purchasing a Membership or accessing the Services
  2. 2. AGREEMENT TO VIEW ADULT MATERIAL
    1. 2.1 JOEY SILVERA is designed and intended solely for adults. Adults are people who are at least 18 years old (or 21 years old in some jurisdictions) and for the purpose of this Agreement, are interested in and wish to have access to visual images, verbal descriptions and audio sounds of a sexually oriented, and frankly erotic, nature. The material available within JOEY SILVERA may include graphic visual depictions and descriptions of nudity and sexual activity and should NOT be accessed by anyone younger than the age of majority within any jurisdiction or who do not wish to be exposed to such material. By accessing JOEY SILVERA and/or purchasing a Membership of any kind the User is making the following statements:

      "Under penalty of perjury, I swear/affirm that as of this moment, I am an adult, at least 18 years of age or the age of majority in my jurisdiction. I promise that I will not permit any person(s) under the age of majority to have access to any of the material contained within JOEY SILVERA. I understand that when I gain access to JOEY SILVERA I will be exposed to visual images, verbal descriptions and audio sounds of a sexually oriented and frankly erotic nature, which may include graphic visual depictions and descriptions of nudity and sexual activity. I am voluntarily choosing to do so, because I want to view, read and/or hear the various materials which are available for my own personal enjoyment, information and/or education. My choice is a manifestation of my interest in sexual matters which is both healthy and normal and which in my experience, is generally shared by average adults in my community. I am familiar with the standards in my community regarding the acceptance of such sexually oriented content and the materials I expect to encounter are within those standards. In my judgment, the average adult in my community accepts the consumption of such material by willing adults in circumstances such as this which offers reasonable caution against minors or unwilling adults from viewing the material on JOEY SILVERA; and will not find such material to appeal to a prurient interest or to be patently offensive."
  3. 3. IMPORTANT NOTICES REGARDING MEMBERSHIPS
    1. 3.1 Non Canadian Memberships. If a User purchases a Membership outside of Canada, it may not be used in Canada. If the Corporation detects that a Membership purchased outside of Canada is used within Canada, the Login information will NOT work and the said Membership may be deactivated by the Corporation for breach of this Agreement
    2. 3.2 Canadian Memberships. If a User purchases a Membership outside the Province of Quebec, it may not be used within the Province of Quebec. If the Corporation detects that a Membership purchased outside of the Province of Quebec is used within Quebec, the Login will NOT work and the Membership may be deactivated by the Corporation for breach of this Agreement.
    3. 3.3 Quebec Memberships. There is no territory restriction for the usage of a Membership purchased from within the Province of Quebec
  4. 4. MEMBERSHIPS
    1. 4.1 For all Memberships described in this section, Users may cancel their Membership at any time by contacting customer service 24 hours a day or logging into their account details via the descriptor website indicated on their Approved Facility statement. Users must cancel their Membership 48 hours prior to the rebill date if they do not wish their Membership to renew with associated charges. Up until the date a Membership is canceled the User authorizes the Corporation to continue charging the User's Approved Facility to pay for the ongoing cost of the Membership and for any and all purchases of products, services and entertainment provided by JOEY SILVERA
    2. 4.2 Trial Memberships: Periodically, JOEY SILVERA may offer limited trial memberships. Each trial Membership offered will have its own rate as indicated during the join process. Trial Memberships may also rebill at the end of the trial period. The frequency as to when the trial Membership may rebill will be indicated during the join process and in the User's email receipt
    3. 4.3 Monthly Memberships: A monthly Membership to JOEY SILVERA is available for all Users to purchase during the join process. Monthly Memberships will automatically rebill every 30 days at the same amount originally charged unless 48 hours' notice is provided to customer service to cancel the Membership as per section 4.1. Rebill information is provided to the User during the join process and in the User's email receipt
    4. 4.4 Three Months Memberships: JOEY SILVERA offers Users the option of purchasing a 3 month Membership which will automatically renew at the end of the 90 day period. These Memberships rebill the User's Approved Facility according to the frequency indicated during the join process and in their email receipt. This frequency will never be shorter than 30 days
    5. 4.5 Yearly Memberships: One year Memberships are available to Users and such Memberships will automatically renew after 365 days. To maintain a yearly Membership the Users Approved Facility will be rebilled according to the frequency indicated during the join process and in their email receipt. The rebill frequency will never be shorter than 30 days.
    6. 4.6 For all questions relating to a rebill date or amount please contact customer service
    7. 4.7 Memberships may be canceled by completing a form located at http://www.famesupport.com/ or by contacting customer service. If a Membership is canceled before the renewal date the User will still have access for the remainder of the period already paid.
  5. 5. REFUNDS
    1. 5.1 Membership fees are non refundable once the Login details have been used on JOEY SILVERA
    2. 5.2 No refund or partial refunds will be issued for any unused Memberships
    3. 5.3 If the User is unable to access JOEY SILVERA due to technical problems unrelated to JOEY SILVERA, the Membership fee shall not be refunded
    4. 5.4 In the event a refund is issued, ALL refunds will be made by crediting the Approved Facility used to make the original purchase. NO refunds will be made by cash or paper check. ALL refunds will be issued within ten (10) days of communication between the User and JOEY SILVERA's customer service
  6. 6. LICENSE
    1. 6.1 Memberships to JOEY SILVERA are provided for personal, non-commercial use. Users are hereby granted a single copy, non-exclusive and non-transferable license to access or print copies of any of the information found on JOEY SILVERA for personal, non-commercial use only. Commercial use of JOEY SILVERA or any material located on it is strictly prohibited. In addition, Users may not modify any of the material found on JOEY SILVERA; use them for any public display, performance, sale or rental; remove, modify or alter any copyright or other proprietary notice or trademarks; or transfer any material located on JOEY SILVERA to another person.
    2. 6.2 Access to and use of the JOEY SILVERA is through Login. Each User is responsible for keeping their Login information confidential. JOEY SILVERA will not release usernames and/or passwords for any reason to anyone other than the User except as may be specifically required by law or court order. Unauthorized access to the JOEY SILVERA is a breach of this Agreement.
    3. 6.3 All rights are reserved by the Corporation located at Lange Nieuwstraat 157, Ijmuiden, North Holland, 1972GN, NL. All intellectual property and other rights in and to the content and the Services found on JOEY SILVERA shall at all times remain the property of the Corporation, its parent(s), subsidiary(ies), licensee(s) and assign(s)
    4. 6.4 The Corporation reserves the right to terminate this license at any time if the User breaches the terms of this Agreement, in which case the User shall be obligated to destroy any information accessed, printed or otherwise copied from JOEY SILVERA.
  7. 7. TERMINATION/CANCELLATION OF MEMBERSHIP
    1. 7.1 Your Membership and Login may not be assigned or transferred to any other person or entity; this includes but is not limited to, sending your Login to other parties and making your Login available where others may access it. Users must promptly inform JOEY SILVERA's customer service department of any apparent breach of security, such as loss, theft, unauthorized disclosure or use of a username or password. Until JOEY SILVERA is notified of such breach in security, the User will be liable for any unauthorized use of the Services
    2. 7.2 Users may terminate their Membership at any time and without cause by providing JOEY SILVERA's customer service department notice to cancel the Membership. Users are liable for all charges incurred on the Membership until notification of termination is received by JOEY SILVERA's customer service department. It is the User's responsibility to ensure notification is adequately provided. Notification should include full name, email address used upon joining and where applicable, the last four (4) digits of the credit card charged.
    3. 7.3 Terminating or purchasing a Membership means the User agrees to receive an email confirmation of the cancellation or purchase. Users may not opt out of receiving such emails. Therefore it is important to provide adequate contact information upon joining.
  8. 8. BOOKMARKING
    1. 8.1 Bookmarking to a page on JOEY SILVERA whereby the warning page(s) and/or terms and conditions are by-passed shall constitute an implicit acceptance of this Agreement and an explicit confirmation that the User is of or over the age of majority in their jurisdiction
  9. 9. DISCLAIMERS
    1. 9.1 The materials and Services on JOEY SILVERA are provided "as is" without any express or implied warranty of any kind including warranties of merchantability or fitness for a particular purpose. The Corporation offers no assurance of uninterrupted or error free Services. The Corporation does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained on JOEY SILVERA.
    2. 9.2 JOEY SILVERA makes no representation as to any of the information found within its pages. In no event shall JOEY SILVERA or the Corporation be liable for any damages whatsoever arising out of the use or inability to use the Services or information available on JOEY SILVERA, even if the Corporation or JOEY SILVERA have been advised of such damages.
    3. 9.3 Users are responsible for providing all personal computer and communications equipment necessary to gain access to JOEY SILVERA. Users are also responsible for providing adequate contact details when subscribing to JOEY SILVERA.
    4. 9.4 All material on JOEY SILVERA is copyrighted and protected by law. JOEY SILVERA's material may not be reproduced, copied, edited, published, transmitted or uploaded in any way without written permission. Except as expressly stated in the license provisions of this Agreement, purchase of a Membership does not grant any express or implied right to the User under any trademark, copyright or other proprietary information.
    5. 9.5 If JOEY SILVERA enables Users to share information with other Users, such Users agree not to submit, publish or display any defamatory, inaccurate, abusive, threatening, racially offensive or illegal material on JOEY SILVERA. Transmission of material that violates any federal, state or local law is prohibited and is a breach of this Agreement. The Corporation shall not be liable for any information posted by Users on JOEY SILVERA.
    6. 9.6 Users agree not to engage in advertising to or solicitation of other Users to buy or sell any products or services through JOEY SILVERA. Users are responsible for the information they send or display through JOEY SILVERA even if a claim should arise after termination of the Membership. All messages shall be deemed to be readily accessible to the general public. Do not use JOEY SILVERA for any communication for which you intend only you and the intended recipient(s) to read as notice is hereby given that all messages entered onto JOEY SILVERA can and may be read by the operators of JOEY SILVERA, whether or not they are the intended recipient(s)
    7. 9.7 Please read the privacy policy for information on what information is gathered from the User and how it may be used by the Corporation and Website operator.
  10. 10. GENERAL PROVISIONS
    1. 10.1 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 part 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.
    2. 10.2 Notices. Notices by JOEY SILVERA to Users may be given by means of electronic messages, by a general posting on JOEY SILVERA, by conventional mail or by telephone. All questions or complaints regarding JOEY SILVERA must be directed to the customer service department
    3. 10.3 Contact Information. JOEY SILVERA's customer service department may be reached by email at support@famesupport.com, by telephone at 1-877-711-7334 or by online chat
    4. 10.4 The Corporation elects that this Agreement shall be governed by Canadian law