Terms_and_conditions_of_membership


TERMS AND CONDITIONS OF MEMBERSHIP

You
must read and agree to the terms and conditions of this Membership
Agreement before You can become an active member of VideoCabana.com (“MW” or the “Website”). Please read each of these terms and conditions
carefully.

1. 
PARTIES TO THIS AGREEMENT AND CONSIDERATION  
The parties to this Membership Agreement (the “Agreement”)
are You, the Member, and Pike Adams Corporation (the
“Company”). As used in this Agreement, the terms
“we” and “us” are used interchangeably to refer to
the Company and the Website; the term “You” and
“Your” is used to refer to You, the member.

1.1. 
By accessing the members-only materials at Website and for other good
and valuable consideration, the sufficiency of which is acknowledged
by You and the Company, You hereby agree to become a member of
Website, and agree to be bound by all the terms and conditions set
forth in this Agreement.

1.2. 
Subject to Your acceptance of the terms and conditions set
forth in this Agreement, as evidenced by your selection of the
ACCEPTANCE BUTTON (“Apply Now”) and the payment of all
required membership fees, the Company agrees to provide to You all the
privileges of Membership including access to the Members-only
materials at the Website which are available to a Member in good
standing.

1.3. 
This Agreement is subject to change by the Company at any time
and changes shall become effective upon notice to Members by e-mail,
posting at or via hyperlink to the Website, or by mail. 
You may not alter, delete, add or change or edit any of these
terms and conditions, and any such attempted alteration shall be void
and of no effect.

1.4. 
Any action on Your part to Bookmark to a page on this website
whereby the Warning Page, the Age Verification Page, and/or the Terms
and Conditions of Membership Page is bypassed shall constitute an
implicit acceptance by You of all the Terms and Conditions set forth
herein as well as an explicit acknowledgement by You of the fact that
You are an adult and at least 18 years of age or of the age of
majority under the laws of Your state, province or country.

2. 
ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS,
CONTAINED AT THE WEBSITE ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO
CONSENTING ADULTS IN LOCATIONS WHERE THE MATERIALS, MESSAGES AND OTHER
COMMUNICATIONS CONTAINED AT THE WEBSITE DO NOT VIOLATE ANY COMMUNITY
STANDARDS OR ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE
UNITED STATES OR ANY OTHER COUNTRY. NO PERSONS UNDER THE AGE OF
EIGHTEEN (18) YEARS (TWENTY-ONE (21) IN PLACES WHERE EIGHTEEN YEARS IS
NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS
ANY OF THE CONTENTS OF THE WEBSITE OR PLACE ANY ORDERS FOR ANY GOODS
OR SERVICES ADVERTISED AT OR IN THE WEBSITE.

2.1. 
YOU HEREBY ACKNOWLEDGE AND REPRESENT THAT YOU KNOW AND UNDERSTAND THAT
THE MATERIALS PRESENTED AT, AND/OR DOWNLOADABLE FROM, THE WEBSITE
INCLUDE EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY
AND SEXUAL ACTIVITIES, INCLUDING WITHOUT LIMITATION, HETEROSEXUAL,
BI-SEXUAL, HOMOSEXUAL, AND TRANSSEXUAL ACTIVITIES OF AN EXPLICIT
SEXUAL NATURE; THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND; THAT
YOU ARE NOT OFFENDED BY SUCH MATERIALS; AND THAT BY AGREEING TO THESE
TERMS AND CONDITIONS YOU ARE WARRANTING TO THE COMPANY THAT YOU ARE
INTENTIONALLY AND KNOWINGLY SEEKING ACCESS TO SUCH EXPLICIT SEXUAL
MATERIALS FOR YOUR OWN PERSONAL VIEWING.

2.2. 
YOU FURTHER REPRESENT AND WARRANT THAT YOUR ACCEPTANCE OF THESE
TERMS AND CONDITIONS CONSTITUTES A UNEQUIVOCAL REQUEST ON YOUR PART TO
RECEIVE SEXUALLY EXPLICIT MATERIAL VIA THE WEBSITE AND THAT YOU HAVE
NOT NOTIFIED ANY GOVERNMENTAL AGENCY THAT YOU DO NOT WISH TO RECEIVE
SEXUALLY ORIENTED MATERIAL.

 2.3. 
YOU FURTHER REPRESENT, AFFIRM AND WARRANT THAT YOU ARE
CURRENTLY OVER THE AGE OF EIGHTEEN YEARS [OR TWENTY-ONE (21) IN PLACES
WHERE EIGHTEEN YEARS IS NOT THE AGE OF MAJORITY) AND ARE CAPABLE OF
LAWFULLY ENTERING INTO THIS AGREEMENT.

3. 
GRANT OF LIMITED LICENSE WITH RESERVATIONS. 
You acknowledge and agree that all materials contained at the
Website are proprietary and constitute valuable intellectual property
owned by the Company or others who have licensed use of such materials
to the Company.  You acknowledge and agree that as such You may only access,
view, download, receive and otherwise use the materials available at
the Website only as authorized by the Company.

 3.1. 
You acknowledge that you understand that the Company does not
authorize access to any part of the Website in any manner contrary to
the express provisions of this Agreement.

3.2. 
You further represent and warrant to the Company that your
agreement to these terms and conditions constitutes an agreement that
You shall not access, or attempt to access, 
any materials available at the Website in a manner not
expressly authorized by the Company. You agree and warrant that You
shall at no time access, view, download, receive or otherwise use, or
cause or enable others to access, view, download, receive or otherwise
use materials, directly or indirectly in places which the Company does
not authorize such access, viewing, downloading, receipt or other use.

3.3. 
You hereby acknowledge and agree that Company does not
authorize access to any parts of the Website  in any manner which bypasses this Agreement. 
You further acknowledge and agree that you may not
“bookmark” photographs, video-viewers or other materials inside
the Website or directly access files designated as part of the Website
except through appropriate authorization pages as specified by the
Company and you further agree that you shall not attempt to do so.

3.4. 
You hereby acknowledge that you understand that the Company
(and all persons affiliated therewith) does not authorize the
accessing, viewing, downloading, duplication, receiving, transmission,
broadcasting or other use of the materials contained on the Website to
or by any person, INCLUDING YOU, who is located in any of the areas
designated as PROHIBITED AREAS below, including any AREAS SPECIFICALLY
IDENTIFIED BY ZIP CODES.

3.5. 
You further acknowledge that you understand and agree that any
and all unauthorized access, viewing, downloading, receipt,
duplication or other use of materials from the Website, in which You
are directly or indirectly involved, including, but not limited to
accessing, viewing, downloading, receiving or other use of materials
in PROHIBITED AREAS in any manner shall constitute intentional
infringement(s) of the Company’s and potentially others’ intellectual
property rights and other rights in such materials and shall further
constitute a violation of Company’s trademark and other rights,
including, but not limited to, rights of privacy.

4. 
PROHIBITED AREAS.  
All of the following areas constitute PROHIBITED AREAS from
which no part of the Website may be accessed, viewed, downloaded or
otherwise received:

4.1.
All parts of the United States of America corresponding to the entire
areas corresponding to United States Postal Service zip codes
commencing with any of the following three digits:  PROHIBITED
AREAS.

4.2.
All parts of the following countries: Afghanistan, Germany, Kuwait,
Iran, Iraq, Japan, Jordan, Libya, Pakistan, The Republic of China,
Singapore, Saudi Arabia, Syria, The United Arab Emirates; and

4.3.
All parts of every other geophysical place corresponding to a
political entity or part thereof in which the access, viewing,
downloading, dissemination of, or other use of the materials contained
in the Website would constitute a violation of any law, regulation,
rule, custom or community standard.

5. 
INDEMNIFICATION FOR UNAUTHORIZED USE OF PROPRIETARY
MATERIALS
.  You agree
to be personally liable and fully indemnify the Company and its
successors and assigns for any and all damages directly, indirectly
and/or consequentially resulting from any attempted or actual
unauthorized downloading or other duplication of materials from the
Website by You alone, or with, or under the authority of, any other
person(s), including, without limitation, any governmental agency(ies),
wherein such damages include, without limitation, all direct and
consequential damages directly or indirectly resulting from
unauthorized downloading of materials from the Website including, but
not limited to, damages resulting from loss of revenue, loss of
property, fines, attorney’s fees and costs, including, without
limitation, damages resulting from prosecution and/or governmentally
imposed seizure(s), forfeiture(s), and/or injunction(s).

6. 
SUBSCRIPTION FEES AND RENEWAL OF MEMBERSHIP.  
By accepting a membership or subscription to Website and by
accessing the content of Website you agree to the following terms and
conditions:

6.1.
You agree to pay Company the Periodic Membership or Subscription Fees
for access to Website according to the then current billing terms. 

6.2.  You agree that Membership and Subscription fees are earned
upon receipt by the Company and are non-refundable whether or not
termination or cancellation is at Subscriber’s request.

6.3.
You agree to pay Company all other fees and/or charges for goods and
services ordered at, through and/or from Website.

6.4.
 You hereby agree that payment for the appropriate services,
including Membership or Subscription fees, 
may be made by automatic credit card debit or via online
checks. 

6.5.   You further agree that Your Membership or Subscription
may be automatically renewed and re-billed by the Company, or its
authorized agent, for additional monthly renewal periods unless and
until You notify the Company’s Customer Service, via the Website, e-mail,
conventional mail, fax or by telephone of Your desire to CANCEL Your
Subscription at least four (4) calendar days prior to the last
calendar day of your then-current Membership or Subscription period. 
All notices to Company shall be as follows:

a)      
by clicking the “Click Here for AdultCheck.com” link on the
“Cancel Membership” page and canceling the
membership through AdultCheck.com  (the “3rd Party Billing Firm”); or

b)      by means of e-mail to: [email protected]
with the words “CANCEL MEMBERSHIP” in the subject field; or

c)     
by conventional mail to: John B. Thomas, Pike Adams
Corporation, P.O. Box 27740, Las Vegas, NV 
89126; or

d)     
by fax to Customer Service Department during normal business
hours to: John B. Thomas, Pike Adams Corporation, (702) 221-0904; or

e)     
by telephone to Customer Service Department during normal
business hours to: John B. Thomas, Pike Adams Corporation, (702)
368-5267.

6.6.   Subscription fees to Website are subject to change at
the sole and absolute discretion of Company, however you will be
notified of any change in subscription fees and will have 30 days
after notice to you by Company to cancel or terminate your
subscription to Website.

7. 
TRANSFER OR ASSIGNMENT OF MEMBERSHIP. 
You agree that as a Member you shall not, under any
circumstances, have the right to transfer or assign your membership to
any other person or entity, and that any attempted transfer or
assignment of a membership shall be void.

7.1. 
Your further agree that the Company, may at any time at its
sole discretion and without prior notice to you, transfer or assign
Your membership in the Website to an affiliated or non-affiliated
Company or Entity.

7.2. 
You further agree that as a member, You must promptly inform
Company of any and all the following: loss or theft of the credit card
used to pay for Membership to the Website or other goods or services
obtained in, at or through the Website; changes in the expiration date
of the credit card; changes in home or billing address; apparent
breaches of security regarding Your Membership, such as loss, theft,
unauthorized disclosure or use of an ID or password; and all other
changes pertaining to Your credit card account used to pay for
services pursuant to this Agreement which may affect Company’s ability
to expeditiously obtain payments due to Company. You remain liable for
all charges until Company is
notified of a such loss, theft, or breaches in security through
through the 3rd Party Billing Firm, or by electronic mail at [email protected]
or by conventional mail at John B. Thomas, Pike Adams Corporation,
P.O. Box 27740, Las Vegas, NV  89126.

 7.3. 
You further acknowledge and agree that You will remain liable
to the Company for any unauthorized use of the Website associated with
Your Membership.

8. 
PAYMENT AUTHORIZATION/ NOTICE OF LOST OR STOLEN CARD/
FRAUDULENT USE OF CARD.
  Payment
for the services provided to You at, and/or through Website may be
made by automatic credit card, debit card or via online checks and You
hereby authorize Company and its agents to transact such payments on
Your behalf.

8.1
Unless and until you notify Company that you wish to cancel or
terminate your Subscription to Website, You hereby agree and
authorize Company or its designated agent or assignee to automatically
renew your subscription to Website on a continuing monthly basis (or
other periodic basis depending upon the specific subscription term
which You have chosen) and to charge Your credit card (or other
approved facility) to pay for the ongoing cost of your subscription.
You hereby further authorize Company or its designated agent or
assignee to charge Your credit card (or other approved facility) for
any and all purchases of products, services and entertainment provided
to You by Website.

8.2. 
You further agree that as a Subscriber, You must promptly
inform Company of any and all the following: loss or theft of the
credit card used to pay for Membership to Website or other goods or
services obtained in, at or through Website; changes in the expiration
date of the credit card; changes in home or billing address; apparent
breaches of security regarding Your Membership, such as loss, theft,
unauthorized disclosure or use of an ID or password; and all other
changes pertaining to Your credit card account used to pay for
services pursuant to this Agreement which may affect Company’s ability
to expeditiously obtain payments due to Company. 
You agree that You will remain liable for any unauthorized use
of Website or any of its services associated with your Membership,
until You have notified Company’s Customer Service of a such loss,
theft, changes in expiration dates or billing, or breaches in security
as follows: 

                 
a)      
through the 3rd Party Billing Firm; or

                 
b)      by means of e-mail to: [email protected]
with the words “CANCEL MEMBERSHIP” in 
                           
the subject field
; or

c)     
by conventional mail to: John B. Thomas, Pike Adams
Corporation, P.O. Box 27740, Las Vegas, NV 
89126; or

d)     
by fax to Customer Service Department during normal business
hours to: John B. Thomas, Pike Adams Corporation, (702) 221-0904; or

e)     
by telephone to Customer Service Department during normal
business hours to: John B. Thomas, Pike Adams Corporation, (702)
368-5267.

Upon
written request, Members will be given access to billing records
associated with Member’s account that support the charges for the
use of the Website or for services or goods provided by the Website. 

8.3. 
You agree not to report as lost or stolen any credit card which
You have used in conjunction with payment to Website or as
unauthorized any charge by Website for any goods or services,
including membership fees, which You do not have good reason to
believe is, in fact, lost, stolen or unauthorized.

 
8.4.  You hereby agree that
any fraudulent reporting of a lost or stolen credit card used to
obtain goods or services from Website or any fraudulent reporting of
an unauthorized charge to Website on Your credit card which has been
made by You or anyone under Your authority, at a time when a charge or
other obligation for payment for goods and/or services to Website
remains outstanding at the time of such fraudulent reporting, You
shall be liable to the Company for liquidated damages of $25,000.00.
The liability for liquidated damages specified in this Paragraph shall
not limit any other liability You may have for breach(es) of any other
terms, conditions, promises and warranties set forth in this
Agreement. 

9. 
TERMINATION OF MEMBERSHIP.  
Membership to the Website may be terminated at any time, and
without cause, by either Company or Member, subject to the
cancellation policy and procedures set forth in this Agreement. You
agree to be personally liable for all charges incurred by You during
or through the use of the Website. Your liability for all charges
incurred during Your Membership term shall continue after termination,
for any reason, of Your membership.

10. 
PASSWORD SECURITY.  Members
are responsible for providing all personal computer and communications
equipment necessary to gain access to the Website. Access to and use
of the Website is through the use of a password. Each Member must keep
his password strictly confidential. For security reasons, the Website
will not release passwords. Unauthorized access to the Website is a
breach of this Agreement and may be a violation of law. You
acknowledge and give Your permission to the Company to collect
statistical information on Your source Internet Provider address, and
agree that if You share Your unique Login name and/or Password with
another individual that Your access to the Website is subject to
immediate termination without notice or reimbursement of any kind.

11. 
LIMITED GRANT OF LICENSE. 
Subject to all the terms and conditions set forth herein, the
Company hereby grants You a limited, non-exclusive and
non-transferable license to use graphic files, audio files, video
files, text, hyperlinks, interlinks, search engines, and other
software (“Materials”) associated with authorized Member use
of the Website which Company provides during the period in which You
are a current Member in good standing. You may use the Materials only
in accordance with the terms and conditions of Your membership, on
only one computer at a time and, if downloadable copies of the Materials
are made available by the Website, You may make only a single copy of
such Materials for Your personal use and enjoyment. You may not remove
any propriety notices from Materials at any time. You may make no use
of Materials not expressly authorized herein or by prior express
written authorization from Company. Prohibited uses, include, without
limitation: (1) permitting other individuals to directly or indirectly
use the Materials; (2) modifying, translating, reverse engineering,
decompiling, disassembling the Materials (except to the extent
applicable laws specifically prohibit such restriction); (3) making
copies or creating derivative works based on the Materials except as
provided herein; (4) renting, leasing, or transferring any rights in
the Materials; (5) removing any proprietary notices, including
copyright and trademark notices, or labels on the Materials; and (6)
making any other use of the Materials not specifically authorized by
the Company. This license does not grant You any rights to any
software enhancements or updates of any kind.

12. 
COMPANY’S PROPRIETARY RIGHTS TO CONTENT. 
Except for public domain material or material otherwise
licensed to Company for electronic dissemination, all Materials
displayed at or otherwise available through the Website are
proprietary, and, except for initial downloading, may not be copied,
redistributed, or downloaded, in whole or in part, without the prior
written authorization of Company. All editions of the Website, and all
Materials and other matter used directly or indirectly in, at, by,
through and/or with the Website are protected by the copyright laws of
the United States, international copyright treaties and other laws and
regulations. All rights are reserved. All intellectual property and
other rights in and to the Materials and other matter at the Website
shall at all times remain in Company, its parent(s), subsidiary(ies),
licensee(s) and assign(s). All intellectual property and other rights
in and to any intellectual property content accessed through the
Materials is the property of the applicable content owner, which may
be the Company, its parent(s), subsidiary or subsidiaries, licensee(s)
and assign(s), or others, and may be protected by applicable copyright
and/or other laws. The limited and non-exclusive license granted to
You herein grants to You no rights to use such content except as set
forth herein. This license will immediately terminate automatically if
You fail to comply with the limitations described herein, breach any
other provision of this Agreement, cease, for any reason, to be a
Member in good standing, or are notified of its termination by the
Company or its authorized agent(s). You agree that upon such
termination, You will immediately destroy all copies of the Materials
in Your possession.

13. 
LIMITATIONS ON COMPANY’S LIABILITY.  
You agree that Materials and all other services provided to You
by Company are provided on an “AS IS” basis, without
warranties of any kind, including without limitation the warranties of
merchantability, fitness for a particular purpose and
non-infringement. The entire risk as to the quality and performance of
the Materials and all services provided by Company is borne by You.
Should the Materials or any other service provided by Company prove
inferior, defective and/or cause any damage to Your computer (or
computer system) or inconvenience to You, You, and not Company, assume
the entire cost and all damages which may result from any and all such
defects.   Under no
circumstances and under no cause of action or legal theory, shall
Company, its suppliers, licensees, resellers, or other Members, or
their suppliers, licensees, resellers or Members be liable to You or
any other person for any indirect, special, incidental, or
consequential damages of any character including, without limitation,
damages for loss goodwill, work stoppage, computer failure or
malfunction, or any and all other commercial damages resulting from
any use of Materials or other use of the Website. 
This disclaimer of warranty constitutes an essential part of
the Agreement. Some states do not allow exclusions of an implied
warranty, so this disclaimer may not apply to You and You may have
other legal rights that vary from state to state or by jurisdiction.

13.1. 
Any liability of Company, including without limitation 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 for breach of contract, tortious
behavior, negligence, or under any other cause or action, shall be
strictly limited to the amount of membership fee paid by or on behalf
of the Member to Company for the preceding membership period. 
Some states do not allow the limitation or exclusion of
liability for incidental or consequential damages, so the above
limitation or exclusion may not apply to You. 

13.2. 
Company is not liable for damages resulting from disseminating,
failing to disseminate, or incorrectly or inaccurately disseminating
any Materials, data, advertisement or other communication at or
through the Website.

 13.3. 
No warranty is made by Company regarding any information,
services, Materials or products provided through or in connection with
the Website, and Company hereby expressly disclaims any and all
warranties, including without limitation: 1) any warranties as to the
availability, accuracy, or content of Materials, information,
products, or services; 2) any warranties of merchantability or fitness
for a particular purpose. Some states do not allow the exclusion of
implied warranties, so the above exclusion may not apply to You.

 14. 
DISCLAIMER REGARDING THIRD PARTY CONTENT/LIMITATION OF
LIABILITY.

14.1. 
You acknowledge that You understand that we are not responsible
for, nor can we control, the use by others of any information which
You provide to them through the Website, or otherwise, and that You
have been advised that You should use caution in selecting the
personal information You provide to others through the Website;

14.2. 
You acknowledge that You understand that we cannot ensure nor
do we make any representations or warranties regarding the security or
privacy of information that You voluntarily provide through the
Internet and Your email messages, and that You release us from any and
all liability in connection with the use or misuse of such information
by other parties;

14.3. 
You further acknowledge that You understand that we do not
control the content of any information, messages, communication or
other materials posted or uploaded by users of the Website, and that
consequently You release us from any and all liability and
responsibility in connection with the content of any information,
messages, communication or other materials You may receive from other
users of the Website.

14.4. 
You further acknowledge that You understand that we do not
guarantee or vouch for the accuracy or truthfulness of any messages,
communication, information or content of any kind which has been
posted, uploaded or provided by other users of the Website, and that
consequently You release us from any and all liability and
responsibility in connection verifying, the accuracy of any such
messages, communication, information or content of any kind provided
by other users of the Website.

14.5. 
You further acknowledge that You understand that we do screen
or endorse advertisements or communications submitted to the Website
by third-party licensees, advertisers, or Members for electronic
dissemination through the Website. Members are therefore advised to
use their own judgment to evaluate all advertisements and other
communications available at or through the use of the Website prior to
purchasing goods and/or services described at the Website or otherwise
responding to any communication at the Website.

14.6. 
Some of the content of the Website might be accessed by You via
hyperlinks which will connect You to third-parties, or to third-party
websites that may provide content to the Website. We have no editorial
control or supervision over selection or display of the content
provided by those third parties or those third-party websites and
those parties are solely responsible and liable for that content.

15. 
INAPPROPRIATE USE OF CHAT OR PUBLIC AREAS.   
If the Website enables Members or Subscribers to share
information with other Subscribers through the use of Chat rooms,
Public Areas or other means of communication among Members, You agree
and warrant that You shall not submit, publish, or display on the
Website any material which is infringing, defamatory, libelous or
otherwise unlawful, or any material deemed obscene, lewd, excessively
violent, harassing or otherwise objectionable. 
You further agree to indemnify the Company and its
representatives for any claims or suits arising from your use of this
Website in violation of this agreement and warranty.

15.1. 
Although we do not assume the duty or obligation to monitor any
messages or other materials posted or uploaded to the Website by third
parties, including You, we reserve the right, in our sole and absolute
discretion, but are not obligated to monitor any and all materials
posted or uploaded to the Website by third parties, including You, at
any time without prior notice to ensure that they conform to any
content guidelines or policies of the Website which may be applicable
from time to time.
 

15.2. 
Although we do not assume the duty or obligation to monitor any
messages or other materials posted or uploaded to the Website by third
parties, including You, and are not responsible for any content of
these materials, we reserve the right, in our sole and absolute
discretion, but are not obligated, to delete, move, or edit messages
or materials, including without limitation advertisements and public
postings, without notice, that we, in our sole discretion, deem to
violate the Code of Conduct of the Website or any applicable content
guidelines adopted from time to time by the Website, or to be
otherwise unacceptable.

15.3. 
You acknowledge and agree that You shall remain solely
responsible for the content of messages and other materials You may
upload to the Website or users of the Website and that we may, in our
sole discretion, terminate or suspend Your access to all or part of
the Website at any time, with or without notice, for any reason,
including, without limitation, breach of this Agreement. Without
limiting the generality of the foregoing, any fraudulent, abusive, or
otherwise illegal activity may be grounds for termination of Your
access to all or part of the Website at our sole discretion, and You
may be referred to appropriate law enforcement agencies.

15.4. 
You agree not to engage in advertising to, or solicitation of
other Members or Subscribers to buy or sell any products or services
through the Website without prior written consent. You acknowledge and
agree that You are solely responsible for any information You send, or
display through the Website even if a claim should arise after
termination of service.

16. 
COMMUNICATIONS IN CHAT ROOM OR PUBLIC AREAS NOT PRIVATE. 
You further acknowledge and agree that all messages or content posted
by You or others in any Chat rooms or public areas of the Website
shall be deemed to be readily accessible to the general public and
consequently should not be considered private or confidential.
Consequently, You should not use the Website for any communication
which You intend only You and the intended recipient(s) to read.
Notice is hereby given that all messages entered into this Website can
and may be read by the operators of the Site, whether or not they are
the intended recipient(s).

17. 
TRADEMARK AND SERVICE MARK.   
VideoCabana.com is a service mark of Pike Adams Corporation. 
No use of this mark shall be permitted except through the prior
written authorization and permission of Company. 
All rights reserved.

18. 
PRIVATE USE OF MATERIALS.        
All materials included at the Website are for the private use
by Members only. No other uses are intended by the Company and any
other use is strictly prohibited by the Company and will constitute a
violation of its limited license and authorization of use.

19. 
LIABILITY OF MEMBERS FOR INFORMATION THEY POST. 
If the Company should at any time provide any service which
enables Members to communicate with or otherwise share information
with other Members or persons providing any kind or service to
Members, or post information at, in or on the Website, You agree and
warrant that you shall not post, submit, publish, display,
disseminate, or otherwise communicate any defamatory, inaccurate,
abusive, threatening, offensive, or illegal material or any material
which would violate or infringe the copyright, trademark, rights of
publicity, privacy rights or other rights of any person while
connected to or otherwise directly or indirectly using the Website or
other services provided to You by Company. 
You acknowledge that transmission of such material or any
material that violates any federal, state, or local law in the United
States or anywhere else in the world, is strictly prohibited and You
Agree that any transmission of such material by You shall constitute a
material breach of this Agreement entitling Company, without notice
and without any liability for damages or reimbursement to You, to
immediately terminate Your membership and Your rights to access to the
Website. You further agree to indemnify the Company and its
representatives for any claims or suits arising from your use of this
Website in violation of this agreement and warranty.

19.1. 
You acknowledge and agree that You, and not the Company, shall
be solely responsible and liable for all damages, liability or other
consequences, foreseen or unforeseen, of all information which You
submit, publish, display, disseminate or otherwise communicate through
the Website even if a claim for damages or liability should arise
after termination of service.

19.2. 
If the Company provides any such service described herein, You
agree that all messages and other communications by You shall be
deemed to be readily accessible to all other Members who are
authorized to access the Website and agree that all such messages and
other communications shall not be deemed to be private or secure.
Regardless of whether the Company provides any type of service
described herein, You agree that You have hereby been informed and
noticed that any and all messages and other communications which You
submit to Company directly or through the Website can be read by the
operators and/or other agents of Company, whether or not they are the
intended recipient(s).

20. 
NOTICES TO COMPANY OR MEMBERS.   
Notices from the Website to Members may be given by means of
electronic messages, by general posting on the Website, or by
conventional mail. Communications from You to the Company may be made
by electronic messages, conventional mail, fax or telephone unless
otherwise specified in the Agreement.

20.1. 
All questions, complaints, and notices to Company by means of
electronic mail must be sent to Customer Service at: [email protected] 

20.2. 
All questions, complaints, or notices to Company by
conventional mail must be sent to Customer Service at: John B. Thomas,
Pike Adams Corporation, P.O. Box 27740, Las Vegas, NV 
89126.

20.2. 
All questions, complaints, or notices to Company by fax must be
directed to Customer Service at: John B. Thomas, Pike Adams
Corporation, 702-221-0904.

20.3. 
All questions, complaints, or notices to Company by telephone
must be directed to Customer Service at: John B. Thomas, Pike Adams
Corporation, 702-368-5267.

21. 
ENTIRE AGREEMENT.   
This Agreement contains the entire agreement between the Member
and Company regarding Members’ use of the Website, and all materials
directly and indirectly related thereto. 
This Agreement supersedes all prior written and oral
understandings, writings, and representations and may only be amended
upon notice by Company.

21.1. 
You acknowledge and agree that the terms and conditions of this
Agreement are subject to change by Company at any time and shall be
effective after notice to Members by e-mail, posting at or via
hyperlink to the Website, or by mail.

22
VENUE AND JURISDICTION, CHOICE OF LAW, ARBITRATION. 
This Agreement shall be governed by and construed under the
laws of the State of California and the United States as applied to
agreements between California state residents entered into and to be
performed within the State of California, except as governed by
Federal law. The application of the United Nations Convention of
Contracts for the International Sale of Goods is expressly excluded.

22.1. 
Any and all disputes as to the interpretation of or any
performance under these Terms and Conditions which are not first
resolved informally, shall be determined by binding arbitration in Los Angeles, California, in accordance with the rules of the
American Arbitration Association.  
The final award in any such arbitration proceeding shall be
subject to entry as a judgment by any court of competent jurisdiction,
provided that such judgment does not conflict with the terms and
provisions hereof. The jurisdiction of the arbiter (or arbiters) with
respect to legal matters shall be limited only by the statutory and
common law of the State of California and the United States.

23. 
UNENFORCEABILITY OF PROVISIONS. 
If any provision of this Agreement is held to be unenforceable
for any reason, such provision shall be reformed only to the extent
necessary to make it enforceable. Unless otherwise explicitly stated,
the provisions of this Agreement shall survive its termination.

24. 
AFFIRMATION OF AGREEMENT. 
You hereby acknowledge and affirm that you have read this
entire agreement and that you AGREE to all its terms and conditions by
CLICKING THE ACCEPTANCE BUTTON WHERE INDICATED (“Apply Now”) and by authorizing
the use of your credit card, debit card, or electronic check for
payment of charges and fees for you maintaining a membership to the
Website and for any other charges which you may incur for goods or
services ordered at or in association with the Website.

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