Terms and Conditions
User Terms & Conditions
MALE DIGITAL User Terms and Conditions
Last revised on 24 September 2015
You must read and agree to these Terms and Conditions before You can join. By purchasing a Membership or using the Services of MALEDIGITAL You become a User and thus agree to be legally bound by these Terms and Conditions (the "Agreement"). The parties to this Agreement are Gamma Entertainment Inc (the "Corporation") the service provider for MALEDIGITAL and You, the User. All changes to these terms and conditions will be posted 30 days prior to the change taking effect.
- 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.
- 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.
- 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 MALEDIGITAL. A Login is a license to use the site for a period of time.
- 1.4 "Membership" shall be the access granted to a User for a period of time, to MALEDIGITAL for the purpose of using the Services.
- 1.5 "Services" shall be the ability to either stream and/or download images and scenes and navigate different areas of MALEDIGITAL.
- 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 MALEDIGITAL and/or purchased a Membership.
- 1.7 "MALEDIGITAL" shall be the website to which You are purchasing a Membership or accessing the Services.
2. AGREEMENT TO VIEW ADULT MATERIAL
2.1 MALEDIGITAL 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 by the Corporation within MALEDIGITAL 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 MALEDIGITAL and/or purchasing a Membership from the Corporation of any kind You are 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 MALEDIGITAL. I understand that when I gain access to MALEDIGITAL 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 MALEDIGITAL; and will not find such material to appeal to a prurient interest or to be patently offensive."
- 2.1 MALEDIGITAL 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 by the Corporation within MALEDIGITAL 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 MALEDIGITAL and/or purchasing a Membership from the Corporation of any kind You are making the following statements:
3. IMPORTANT NOTICES REGARDING MEMBERSHIPS
- 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.
- 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 Quebec Memberships. There is no territory restriction for the usage of a Membership purchased from within the Province of Quebec.
- 4.1 For all Memberships described in this section, Users may cancel their Membership at any time by contacting the Corporation's customer service 24 hours a day or logging into their account details via the descriptor website indicated on their receipt or 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 MALEDIGITAL.
- 4.2 All Memberships: MALEDIGITAL may offer various types of Memberships of different durations (ex: trial, 3-month, monthly etc). Each Membership offered will have its own rate as indicated during the join process and will rebill at the price and at the frequency indicated in the receipt sent to the User's email address. The Corporation reserves the right to change the price of the rebill amount. At any time, should You have any questions about the rebill price or date of Your membership please contact customer service immediately.
- 4.3 Memberships may be canceled by completing a form located at http://www.buddy-support.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.
- 5.1 Membership fees are non-refundable once the Login details have been used on MALEDIGITAL.
- 5.2 No refund or partial refunds will be issued for any unused Memberships.
- 5.3 If the User is unable to access MALEDIGITAL due to technical problems not related to MALEDIGITAL, the Membership fee shall not be refunded.
- 5.4 In the event a refund is issued, ALL refunds will be made by the Corporation who will credit 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 the Corporation's customer service.
- 5.5 For all billing inquiries you may also visit Chargepay.net.
- 6.1 Memberships to MALEDIGITAL are provided for personal, non-commercial use by the Corporation to Users. 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 MALEDIGITAL for personal, non-commercial use only. Commercial use of MALEDIGITAL or any material located on it is strictly prohibited. In addition, Users may not modify any of the material found on MALEDIGITAL; 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 MALEDIGITAL to another person.
- 6.2 Access to and use of the MALEDIGITAL is through Login. Each User is responsible for keeping their Login information confidential. MALEDIGITAL will not release Login information for any reason to anyone other than the User except as may be specifically required by law or court order. Unauthorized access to the MALEDIGITAL is a breach of this Agreement.
- 6.3 All rights are reserved by the Corporation located at 3300 Boulevard Cote Vertu, Suite 406, Montreal, QC, H4R 2B7, Canada. All intellectual property and other rights in and to the content and the Services found on MALEDIGITAL shall at all times remain the property of the Corporation, its parent(s), subsidiary(ies), licensee(s) and assign(s).
- 6.4 The Corporation reserves the right to terminate this license at any time if the User breaches the terms of this Agreement.
7. TERMINATION/CANCELLATION OF MEMBERSHIP
- 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 the Corporation's customer service department of any apparent breach of security, such as loss, theft, unauthorized disclosure or use of a Login. Until the Corporation is notified of such breach in security, the User will be liable for any unauthorized use of the Services.
- 7.2 Users may terminate their Membership at any time and without cause by providing customer service notice to cancel the Membership. Users are liable for all charges incurred on the Membership until notification of termination is received by the Corporation'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 or debit card charged.
- 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.
- 8.1 Bookmarking to a page on MALEDIGITAL 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.
- 9.1 The materials and Services on MALEDIGITAL 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 MALEDIGITAL. Any of the information offered on MALEDIGITAL may change at any time without notice.
- 9.2 MALEDIGITAL makes no representation as to any of the information found within its pages. In no event shall the Corporation be liable for any damages whatsoever arising out of the use or inability to use the Services or information available on MALEDIGITAL, even if the Corporation have been advised of such damages.
- 9.3 Users are responsible for providing all personal computer and communications equipment necessary to gain access to MALEDIGITAL. Users are also responsible for providing adequate contact details when subscribing to MALEDIGITAL.
- 9.4 All material on MALEDIGITAL is copyrighted and protected by law. MALEDIGITAL'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.
- 9.5 If MALEDIGITAL 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 MALEDIGITAL. 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 MALEDIGITAL.
- 9.6 Users agree not to engage in advertising to or solicitation of other Users to buy or sell any products or services through MALEDIGITAL. Users are responsible for the information they send or display through MALEDIGITAL 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 MALEDIGITAL 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 MALEDIGITAL can and may be read by the operators of MALEDIGITAL, whether or not they are the intended recipient(s).
10. GENERAL PROVISIONS
- 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.
- 10.2 Notices. Notices by the Corporation or MALEDIGITAL to Users may be given by means of electronic messages, by a general posting on MALEDIGITAL, by conventional mail or by telephone. All questions or complaints regarding MALEDIGITAL must be directed to the Corporation's customer service department.
- 10.3 Contact Information. The Corporation's customer service department may be reached by email at email@example.com, by telephone at 1-877-711-7334 or by online chat. If you have any questions or inquiries regarding a purchase via your Approved Facility please contact Chargepay B.V. at charpgepay.net.
- 10.4 The Corporation elects that this Agreement shall be governed by Canadian law.
- 10.5 Corporation VAT number EU528002202