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Terms and Conditions

BACKGROUND:

This Website and its Contents are not intended for the use of minors. By continuing to use this Website you represent and warrant that you are over the age of 18 (or 21 in States where this is the legal age of majority). You also represent and warrant that the viewing of adult-oriented material is permitted in the State in which you are currently situated (however temporarily) and that you are personally not offended by such material.

This agreement applies as between you, the User of this Website and SPIDER MEDIA, the owner(s) of this Website. Your agreement to comply with and be bound by Clauses 1 – 3, 5 – 9, the relevant sub-Clauses of 11 and 12 – 21 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 4, 10 and the relevant sub-Clauses of 11 apply only to Paid Content and Subscriptions. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

1.Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:


“Account”-means collectively the personal information, payment information and credentials used by Users to access Paid Content and / or any System on the Website;
“Content”-means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Free Content”-means any Content that is accessible without the payment of a Subscription Fee;
“Paid Content”-means Content accessible only upon the creation of an Account and the payment of a Subscription Fee;
“Service”-means collectively any online facilities, tools, services or information that SPIDER MEDIA makes available through the Website either now or in the future;
“Subscription”-means the sum of money the Users paid to enable them to access Paid Content;
“Payment Processor”-Means any of the companies billing the Subscriber including any additional billing companies used by Spider Media or changes thereof.
“System”-means any online communications infrastructure that SPIDER MEDIA makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, forums, live chat facilities and email links;
“User” / “Users”-means any third party that accesses the Website and is not employed by SPIDER MEDIA and acting in the course of their employment;
“Website”-means the website that you are currently using (https://www.fapshows.com) and any sub-domains of this site (e.g. subdomain.fapshows.com) unless expressly excluded by their own terms and conditions;
“We/Us/Our”-means SPIDER MEDIA, a company registered in Seychelles.

2.Intellectual Property

1.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of SPIDER MEDIA, or Our affiliates. By continuing to use the Website you acknowledge that such material is protected by applicable Seychelles and international intellectual property and other laws.
1.2 Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 or those detailed in Clauses 3 and 4 of these Terms and Conditions apply.

3.Use of Free Content

You may not print, reproduce, copy, distribute, store or in any other fashion re-use Free Content from the Website for any purposes (or, where appropriate, for research or private study) only unless otherwise indicated on the Website or unless given Our express written permission to do so. Specifically you agree that:
1.3 you will not use the Free Content of the Website for commercial purposes unless given Our express written permission to do so;
1.4 you will not systematically copy Free Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given Our express written permission to do so; and
1.5 the Content of this Website is not intended to be used in education. Your use of the Free Content in an educational environment is at your personal discretion and must be in accordance with all relevant laws within the relevant jurisdiction.

4.Use of Paid Content

1.6 Purchase of Subscription allows you to access the paid Content on this Website. You may use such Content for personal purposes only.
1.7 Commercial use of Paid Content is not permitted under the terms of a normal subscription. Please contact Us with any enquiries regarding the commercial use of any Content from this Website.
1.8 Under such a licence, you agree that:
8.a.1 you will not use the Paid Content of the Website for commercial purposes unless given Our express written permission to do so; and
8.a.2 you will not systematically copy Paid Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given Our express written permission to do so.

5.Third Party Intellectual Property

Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clauses 3 and 4 of these Terms and Conditions to use Content from the Website. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.

6.Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of SPIDER MEDIA or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

7.Use of Communications Facilities

1.9 When using any System on the Website you should do so in accordance with the following rules:
9.a.1 you must not use language that may be offensive to other Users;
9.a.2 you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, or discriminatory;
9.a.3 no Content that is intended to promote or incite violence;
9.a.4 it is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
9.a.5 the means by which you identify yourself must not violate these terms of use or any applicable laws;
9.a.6 you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;
9.a.7 you must not impersonate other people, particularly employees and representatives of SPIDER MEDIA or Our affiliates; and
9.a.8 you must not use Our System for unauthorised mass-communication such as “spam” or “junk mail”.
1.10 You acknowledge that SPIDER MEDIA reserves the right to monitor any and all communications made to Us or using Our System.
1.11 You acknowledge that SPIDER MEDIA may retain copies of any and all communications made to Us or using Our System.
1.12 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.

8.Accounts

1.13 In order to access Paid Content on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details which may vary based upon the type of Account that you choose. By continuing to use this Website you represent and warrant that:
13.a.1 all information you submit is accurate and truthful; and
13.a.2 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
1.14 Sharing of accounts is not permitted unless We expressly authorise it in writing. You are required to keep your Account details confidential and must not reveal your username and password to anyone. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
1.15 When choosing your username you are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of your Account.

9.Subscriptions and Cancellation

1.16 When you make a purchase you will be charged at the price advertised on the Website. SPIDER MEDIA reserves the right to change Subscription Fees from time to time without prior notice:
1.17 No part of this Website constitutes a contractual offer capable of acceptance. Your order for a subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you a subscription confirmation email. Only once We have sent you a subscription confirmation email will there be a binding contract between SPIDER MEDIA and you.
1.18 Subscription confirmations will be sent to you immediately upon your activation of a subscription either by us or by our Processor and shall contain the following information:
18.a.1 Confirmation of the subscription including full details of the main characteristics of the Paid Content available through your subscription;
1.19 Access to Paid Content areas of the Website shall commence immediately upon Our confirmation of your subscription. When completing the subscription process, you will be required to expressly acknowledge that you wish the Paid Content to be available immediately.
1.20 Refunds for purchases or recurring charges may be requested by contacting billing support. Refunds or credits will not be issued for partially used Memberships. The decision to refund a charge does not imply the obligation to issue additional future refunds. Should a refund be issued by the Payment Processor for any reason, it will be credited solely to the payment method used in the original transaction. The Payment Processor will not issue refunds by cash, check, or to another payment mechanism.
1.21 You may cancel at any time after subscribing, however, no refunds can be provided and you will continue to have access to the Paid Content for the remainder of the Subscription Period you are currently in up until the renewal date whereupon access will cease unless you choose to pay the Subscription Fee and reactivate your subscription.
1.22 If you subscribe in error you must inform Us within 24 hours of subscribing and must not use the Paid Content during that time. This provision also applies to automatic renewals of subscriptions which you may have forgotten to cancel. If any use of Paid Content during this time period can be traced to your Account, however, no refund can be provided and you will continue to have access to the Paid Content for the duration of the relevant Subscription Period.

10.Termination of Accounts

1.23 Either SPIDER MEDIA or you may terminate your Account and (where relevant) your subscription. If We terminate your Account or subscription, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
1.24 If We terminate your Account as a result of your breach of these Terms and Conditions you will not be entitled to any refund.
1.25 If We terminate your Account or subscription for any other reason, you will be refunded any remaining balance of your Subscription Fee. Such a refund will be calculated based upon the Subscription Fee being divided by the number of days in the applicable Subscription Period and multiplied by the number of days remaining until the end of the Subscription Period.
1.26 If We terminate your Account or subscription, you will cease to have access to Paid Content from the date of termination.

11.Privacy

1.27 Use of the Website is also governed by Our https://www.fapshows.com/privacy which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.

12.How We Use Your Personal Information (Data Protection)

1.28 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
1.29 We may use your personal information to:
29.a.1 Provide Our Service to you;
29.a.2 Process your payment for the Paid Content; and
29.a.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
1.30 In certain circumstances (if, for example, you wish to make a purchase on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
1.31 We will not pass on your personal information to any other third parties [without first obtaining your express permission].

13.Disclaimers

1.32 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
1.33 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
1.34 Any and all persons appearing in Content on this Website were at least 18 years of age at the time the Content was created.
1.35 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

14.Availability of the Website and Modifications

1.36 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Website or the Service will be free of defects and / or faults. To the maximum extent permitted by the law We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
1.37 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and state-mandated censorship.
1.38 We reserve the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the Content and/or Paid Content available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

15.Limitation of Liability

1.39 SPIDER MEDIA liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising out of Our breach of these Terms and Conditions shall be limited to the value of the relevant User’s current subscription. For all other direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein, to the maximum extent permitted by law, We accept no liability. Users should be aware that they use the Website and its Content (including Paid Content) at their own risk.
1.40 Nothing in these Terms and Conditions excludes or restricts SPIDER MEDIA’s liability for death or personal injury resulting from any negligence or fraud on the part of .
1.41 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

16.No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

17.Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

18.Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and SPIDER MEDIA.

19.Communications

1.42 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to support@fapshows.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
1.43 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please opt out from your settings page.

20.Law and Jurisdiction

These Terms and Conditions and the relationship between you and SPIDER MEDIA shall be governed by and construed in accordance with the Laws of Seychelles and SPIDER MEDIA and you agree to submit to the exclusive jurisdiction of the Courts of Seychelles.

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