Last Updated August 01, 2021
PLEASE READ THE FOLLOWING TERMS OF USE ("TERMS") CAREFULLY. By purchasing a Membership or using the site and its services, you become a User and thus agree to be legally bound by these Terms and Conditions (the "Agreement") between you and MediaSolutions Canarias ("Company," "we," "us" or "our"). Company will refer to you in this Agreement as "you", "your" or "User". This agreement is subject to change at any time, and changes are effective when posted on this site without notice upon each subscriber.
We indicate at the top of the page when these Terms were last updated.
By accessing, viewing or using any Services, you represent and warrant that you are at least 18 years of age or the age of majority and legal consent in the jurisdiction in which you live or reside, and you agree to be bound by and subject to these Terms. If you do not agree to these Terms, you should not check or click on, or otherwise agree to, these Terms, and you should immediately leave. this page and not access or use the Website or any other Services. Upon our request, you agree to sign a non-electronic version of these Terms.
DEFINITIONS
"Website" shall be the Internet site for which you are purchasing a username and password (login) in order to access that site and its materials.
"Member or Membership" shall mean the subscriber or user of a valid username and password for the site and its services during the term of membership.
"Login" shall mean the combination of the unique username and password sold or provided by the Company to the User and used to access the site for a period of time.
"Subscriber" shall mean the End-user, Consumer, of the services of the site and holder of a valid user name and password (login) for the site.
"Payment Method" shall mean the method of payment which You use to purchase Your Membership including credit card, debit card, money order, online check or paypal.
"Services" shall be the limited, non-transferrable license to stream or download images and video or other content from the site and overall navigation through the site.
"Bookmarking" shall mean the act of placing a Web page (URL) into a temporary file on the Subscribers browser so that the Subscriber may return to that page at a future date directly, without passing through any preceding pages.
APPROVAL OF ADULT MATERIAL - USE OF SERVICES
Website is designed and intended solely for adults who 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 Company within Portal may include graphic visual depictions and descriptions of nudity and sexual activity and is prohibited to be accessed by anyone under legal age in their respective country or by those who do not wish to be exposed to such material.
You understand that by accessing or using the Services, you may encounter content that may be deemed mature, offensive, indecent or objectionable, which content may or may not be identified as having explicit language or adult themes, and which in certain circumstances may be due to your interactions with other users or members in the course of accessing or using the Services.
By purchasing a Membership 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 21 years old where 18 isn`t the legal age of majority such as (21 in AL, MS, NE, and WY." "I promise that I will not permit any person(s) under 18 years of ageor 21 years old where 18 isn`t the legal age of majority such as(21 in AL, MS, NE, and WY to have access to any of the materials contained within this site." "I understand that when I gain access to this site, I will be exposed to visual images, verbal descriptions and audio sounds of a sexually oriented, 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 adults in my community. I am familiar with the standards in my community regarding the acceptance of such sexually oriented materials, 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 materials by willing adults in circumstances such as this which offer reasonable insulation from the materials for minors and unwilling adults, and will not find such materials to appeal to a prurient interest or to be patently offensive."
TERRITORY
Each Membership is for use within a limited territory which excludes all jurisdictions where the Content is illegal. It's not possible to use of your Membership on the territory of Quebec or Canada if you didn't purchase this Membership in Quebec or Canada. If we detect that a Membership was purchased by a person not located in Quebec or Canada, but that Membership is being used in Quebec or Canada, we will automatically block your access and we will void the Membership, because of a breach of this Agreement.
MEMBERSHIP
In order to benefit from the Website and its Services, you will be required to create an account with us ("Account"). Subscribers to the Site are hereby authorized a single access rights to access the service or material located at this website. This access rights shall be granted for sole use to one Subscriber. You agree not to use another person's account without permission. You are responsible for maintaining the confidentiality of, and restricting access to, your Account and password. Each Subscriber must keep his or her login strictly confidential. For security reasons, SegPay, EPOCH or CCBill and the Website will not release passwords for any reason, to anyone other than the Subscriber.
In the case you are aware of any breach of security, unauthroized use or violation of your account, you agree to contact us through our support contacts immediately. You agree to indemnify us and hold us harmless for any such unauthorized use.
BILLING
All charges will discreetly appear as "MEDIASOLUT ES", "CCBill.com *MediaSolutio" or "SegpayEU.com* mediasolutio" on your credit card statement depending on the processor.
PAYMENT / SUBSCRIPTION FEES
The Sites may have periodic subscription fees at the time of the initial enrolment for subscription. The member is responsible for such fees according to the terms and conditions of such Site.
These Subscription Fees are provided to you upon registration and may change from time to time. Unless otherwise indicated, Subscriptions Fees cover an initial period, for which there is a one-time charge, followed by recurring periodic charges for subsequent periods as agreed to by you upon registration. You acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Until prior notice of willing to terminate a recurring subscription and a written confirmation by us, we may submit periodic charges through our billing processor's without further authorization from you.
Certain Services may require you to make one-time payments or prepay certain amounts for credits or tokens Those may not be redeemed for cash and may not be returned or forfeited for a cash refund, except as may be required by applicable law. In addition, credits or tokens and unused balances are not transferable.
RECURRING BILLING
The Website subscription fees may be automatically renewed at or after the end of the original term selected, for a similar period of time and for a similar or lower amount, unless notice of cancellation is received from the Subscriber. Unless and until this agreement is cancelled in accordance with the terms hereof, Subscriber hereby authorizes SegPay, CCBill or Epoch or Company to charge subscriber's chosen payment method to pay for the ongoing cost of membership. Subscriber hereby further authorizes SegPay, CCBill or Epoch or Company to charge subscriber's chosen payment method for any and all additional purchases of materials provided on the Website.
CANCELLATION
At any time, and without cause, subscription to the service may be terminated by either: SegPay, Epoch, CCBill, Company, the Website, or the Subscriber upon notification of the other by electronic or conventional mail.
If a Membership is canceled before the renewal date the User will still have access for the remainder of the period already paid.
Subscribers are liable for charges incurred until the date of the termination. Subscribers may cancel at any time by going to our billing processor`s support sites (SegPay, Epoch or CCBill) or by contacting our support department through our contact form.
We reserve the right to terminate or restrict your access to or use of the Services, without notice or liability, for any or no reason whatsoever. In addition, we may terminate your Account and any membership and/or subscription with us by sending notice to you at the email address you provided in your application for membership. Upon termination of these Terms, you will not be entitled to any refund of any unused Subscription Fees or other prepaid amounts. We are not required, and may be prohibited, from disclosing to you the reason for termination of your Account, membership or subscription.
REFUNDS
Fees are non-refundable once the Login details have been used on the Website. Non-use of a Membership or inability of User to access the Portal through no fault of Company shall not be grounds for a refund of Fees.
In the event a refund is issued, the decision to refund a charge does not imply the obligation to issue additional future refunds. Refunds for purchases or recurring charges may be requested by contacting Website or Payment Processor's customer support. All refunds will be credited solely to the payment method used in the original transaction.
PRIVACY POLICY
We are committed to protecting the privacy of the personal information you provide to us through the Website. Please read the privacy policy for information on what information is gathered from the User and how it may be used by the Company and Website operator. We do not knowingly collect personal information from persons under the age of 18.
INDIVIDUAL SCENE PURCHASES
Website may offer the ability to purchase individual scenes and/or picture galleries. Each scene will have its fee clearly indicated and will not rebill. Users are liable for fees for scene purchases together with all applicable taxes to be payable to the Company. User will have a lifetime access to all individual scenes purchased regardless of their type of Membership.
LIMITED TRIAL
Subscribers who opt for a limited trial subscription are entitled to a limited access to the members section of the site for a period determined by the offering. Limitations may include but are not limited to; access to some movie parts and sections of the site.
THIRD PARTIES, SPONSORS
The Website may provide links to sponsor, advertiser, or other third party websites that are not owned or controlled by the Company. Inclusion of, linking to, or permitting the use or installation of any third party site, applications, software, content or advertising does not imply approval or endorsement thereof by the Company.
Your communications or dealings with, or participation in promotions of, sponsors, advertisers, or other third parties found through the Site, are solely between you and such third parties.
Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third parties. By accessing or using the Site, you agree to release Company from any and all liability arising from your use of any third-party website, content, service, or software accessed through the Website.
COMPLAINTS
If you would like to file a complaint, please contact our company via email support@mediacanarias.net, or use our form which can be accessed through the footer link named "Content Removal".
All complaints will be reviewed and addressed within 7 business days via email reply to your complaint.
We will, in accordance with the Terms and conditions decide the validity of the complaint. After the decision has been made, the user may appeal the decision within 48 hours.
When the final decision is made, according to the decision itself, any infringing, illegal, abusive or otherwise inappropriate content will be removed.
If there should be a disagreement regarding an appeal, we will allow the disagreement to be resolved by a neutral body.
You further represent and warrant to us, under penalty of perjury, as follows:
USER CONDUCT You may not post, send, submit, publish or transmit, in connection with the Site, any material that:
USER COMMUNICATION
Subscriber's expressly and specifically acknowledges and agrees that his email address or other means of communicating with subscriber may be used to send him offers, information or any other commercially oriented emails or other means of communications.
Some offers may be presented to the subscriber via email campaigns or other means of communications with the option to express the subscriber's preference by either clicking or entering "accept" (alternatively "yes") or "decline" (alternatively "no"). By selecting or clicking the "accept" or "yes", the subscriber indicates that the subscriber "OPTS-IN" to that offer and thereby agrees and assents that the subscriber's personal information, including its email address and data may be used for that matter or disclosed to third-parties."
GENERAL PROVISIONS
Indemnification. You shall indemnify and hold Company harmless from and against any and all claims arising from or related to your use of the Portal or your breach of the terms of this Agreement.
Choice of Law. These Terms shall be governed by the laws of Spain, without regard to its conflict of laws rules or principles. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this Agreement shall be in an appropriate court located in Spain.
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.
Notices. Notices by the site to subscribers may be given by means of electronic messages through the site, by a general posting on the site, or by conventional mail. Notices by subscribers may be given by electronic messages, conventional mail, telephone or fax unless otherwise specified in the Agreement.
Questions and Contact Information: All questions regarding these terms and conditions must be directed to: support[at]mediacanarias.net
Survival. The following Sections hereof shall survive termination of this Agreement: "Definitions, "Approval of adult material - Use of services", Cancellation", "Disclaimers" and "General Provisions".
Electronic Communications. By using the Services, you consent to receiving electronic communications, e.g., email, from us or our subsidiaries and affiliated entities. These communications will include notices about your Account and information concerning or related to the Services. These communications are part of your relationship with us and you receive them as part of your membership. You agree that any notice, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including but not limited to, any requirements that such communications be in writing.
Assignment. Company reserves the right to assign any or all of its rights or obligations under this Agreement to a third party without prior notice or consent from User.
Agreement Binding. This Agreement shall be binding upon the parties and their successors and permitted assigns.
DISCLAIMER
The materials on the site are provided "as is" without any express or implied warranty of any kind including warranties of merchantability, non-infringement of intellectual property or fitness for a particular purpose.
Company DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Company DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND Company MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME.
Company MAKES NO WARRANTIES THAT SUBSCRIBER USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT
Any of the information offered on the site may change at any time without notice.
SegPay, EPOCH or CCBill and the Website make no representation as to any of the information found at the Website. In no event shall SegPay, EPOCH or CCBill or the site be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use or inability to use the material or information available on the Website, even if SegPay, EPOCH or CCBill and the Website has been advised of such damages.
All materials on the Website are copyrighted and are protected under treaty provisions and worldwide copyright laws. The Website's materials may not be reproduced, copied, edited, published, transmitted or uploaded in any way without written permission. Except as expressly stated in the limited license provision of these Terms and Conditions, purchase of a Membership does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information.
Subscribers are responsible for providing all personal computer and communications equipment necessary to gain access to the site.