Membership Terms and Conditions

The Terms and Conditions given below govern your membership at Website VOGOV (VOGOV.com). You must read and agree to these Terms and Conditions before you can become a member of VOGOV. Please make sure you have read the Terms and Conditions carefully prior to signing up. By continuing further you affirm and warrant that you are currently over the age of eighteen years and are capable of lawfully entering into this agreement.

You hereby affirm that you have read this entire agreement and agree to all its terms and conditions by authorizing the use of your credit card for payment of charges and fees for your obtaining a subscription to VOGOV.

By joining VOGOV you indicate that you have read the membership Agreement in its entirety, understand its terms, consent to all the terms and conditions set forth in the membership Agreement, represent and warrant that you are currently over the age of 18 years and understand that materials presented at VOGOV include nudity, visual and audio presentations of sexual situations and adult language.

If you do not agree to all of the terms and conditions set forth in this Agreement, are not over 18 years of age, or are in an unauthorized downloading location, do not join and please leave now.

Parties and Changes

For good and valuable consideration, the sufficiency of which is acknowledged by you and the Company, you hereby agree to become a subscriber to VOGOV and agree to be bound by all the Terms and Conditions set forth in this agreement (the Agreement). The parties to this agreement are you, the subscriber, and VOGOV. Subject to the terms and conditions set forth in the Agreement, the Company agrees to provide to you all the privileges of subscription to VOGOV available to a subscriber in good standing. This Agreement is subject to change by Company at any time, and changes are effective upon and/or without notice to the subscriber by e-mail, posting at VOGOV and/or via a hyperlink to VOGOV.

Legal Age

All materials, including messages and other communications contained at VOGOV are intended for distribution exclusively to consenting adults in locations and jurisdictions where materials, messages and other communications contained at VOGOV do not violate any community standards and/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 (or other age, as per your community laws and standards) may directly or indirectly view or possess any of the contents of VOGOV or place any orders for any goods or services advertised at VOGOV. You hereby acknowledge your understanding of the fact that materials presented at and/or downloadable from VOGOV include explicit visual, audio, and/or textual depictions of nudity and heterosexual, bi-sexual, and/or transsexual situations of an explicitly sexual nature, and that you are familiar with materials of this kind and not offended by such materials.

Intellectual Property Rights

You acknowledge and agree that all materials contained at VOGOV are proprietary and constitute valuable intellectual property. You acknowledge and agree that as such, you may only access, view, download, receive and otherwise use the materials available at VOGOV only as authorized by the Company. You agree 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. You hereby acknowledge and agree that no materials from any parts of VOGOV are authorized, and no materials are intended, by the Company to be accessed, viewed, downloaded or used by, or transmitted, broadcast or otherwise disseminated to any person or entity located in any and all areas prohibited by law. You agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of materials from VOGOV 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 VOGOV's and potentially other parties intellectual property rights and other rights and shall further constitute a violation of VOGOV trademark and other rights, including, but not limited to, rights of privacy.

Except for public domain material or material otherwise licensed to Company for electronic dissemination, all materials displayed at or otherwise available through VOGOV 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 VOGOV, and all materials and other matter used directly or indirectly in, at, by, through and/or with VOGOV 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 VOGOV shall at all times remain in Company's possession, its parent(s), subsidiary(ies), licensee(s) and assign(s). All intellectual property and other rights to any 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 subscriber 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.

Liabilities

You agree to be personally liable and fully indemnify VOGOV for any and all damages directly, indirectly and/or consequentially resulting from your attempted or actual unauthorized downloading or other duplication of materials from VOGOV 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 VOGOV including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).

Any liability of the 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, tortuous 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 subscriber to the Company for the preceding month. 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.

The Company is not liable for damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any materials, data, advertisement or any other communication at or through VOGOV.

No warranty is made by the Company regarding any information, services, materials or products provided through or in connection with the VOGOV, and the 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.

Fees and Charges

Some or all of the following fees and charges may be incurred:

Subscription fees. The subscriber is responsible for paying periodic subscription fees according to the then-current billing terms. You must be 18 years of age or older to be able to legally subscribe to VOGOV. For your convenience and satisfaction, all memberships will automatically renew upon expiration unless your subscription is cancelled at least 24 hours prior to expiration. The cost of renewal will not exceed monthly membership costs at time of initial subscription. Cost of renewal will not be affected by any increase in VOGOV subscription rates unless and until you are not informed about that and until and unless you accept such changes. All membership cancellations take place in the member area.

Other fees and/or charges for goods and services ordered at, through and/or from VOGOV and its licensees.

Payment for the services provided to you at and/or through VOGOV may be made by automatic credit card or check debit and you hereby authorize the Company and its agents to transact such payments on your behalf. You agree not to report as lost or stolen any credit card which you have used in conjunction with payment to VOGOV, or report any charge by VOGOV as unauthorized, including charges for any goods or services, including subscription, for which you do not have good reason to believe that the credit card was in fact lost, stolen or used without authorization. You hereby agree that any such fraudulent reporting of a lost or stolen credit card used to obtain goods or services from VOGOV or any fraudulent reporting of an unauthorized charge to VOGOV 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 VOGOV remains outstanding at the time of such fraudulent reporting, you shall be liable to VOGOV 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.

Subscriptions

We will provide one access right to access the Site and its materials for which you as a Subscriber is purchasing a membership.

Subscription Fees. Certain Services are subject to subscription fees ("Subscription Fees"). 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. We may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice (confirmed in writing at our request) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges applied before we can reasonably act.

Refunds for purchases or recurring charges may be requested by contacting customer support. Refunds or credits will not be issued for partially used Memberships. We reserve the right to grant a refund or a credit applicable to purchases to the Site at its discretion. The decision to refund a charge does not imply the obligation to issue additional future refunds. We will not issue refunds by cash, check, or to another payment mechanism. At any time, and without cause, subscription to the service may be terminated, the Site, or the Subscriber upon notification of the other by electronic or conventional mail. Subscribers are liable for charges incurred until the date of the termination. Subscribers may cancel at any time by contacting the authorized payment processor, which concluded the sale of subscription, or using website form to contact us.

Foreign Transaction Fees. We may use credit card processors or banks outside the United States to process your transactions. In some instances, your bank or credit card issuer may charge you a foreign transaction or similar fee or charge. Before purchasing any Services, please check with your bank or credit card issuer for more information about its policies regarding foreign transaction and similar fees and charges.

Taxes: Value-Added Tax (VAT), Sales Tax or other excise tax may be included in, or added to, your purchase depending on your country, state, territory, city, or on other applicable local regulations. Tax rates may vary accordingly.

In circumstances where any national or state law or any other jurisdiction implements a regulation that requires the age verification of Users, the Company may require the User to confirm their legal age. Such confirmation may be carried out with the assistance of third parties who provide verification services. By proceeding with such verification, the Member authorizes the Company to transfer their personal data to the third party for the purposes of confirming their legal age.

Accessing the Materials

Subscribers are responsible for providing all personal computer and communications equipment necessary to gain access to VOGOV. Access to and use of VOGOV is through the use of a password. Each subscriber must keep his/her password strictly confidential. For security reasons, VOGOV will not release passwords by request. Unauthorized access to VOGOV is a breach of this Agreement and a violation of applicable law(s).

Please note AOL users are known to sometimes experience problems accessing the site. Please contact your Internet Service Provider for more information. Use Firefox or Internet Explorer to be able to fully access the site.

Licenses

Subject to the terms and conditions set forth herein, VOGOV hereby grants you a limited, non-exclusive and non-transferrable license to use graphic files, audio files, video files, text, hyperlinks, interlinks, search engines, and other software associated with authorized subscriber use of VOGOV which the Company provides (materials) during the period in which you are a current subscriber in good standing. You may use the materials only in accordance with the terms and conditions of your membership, only on one computer at a time and, if downloadable copies of the materials are made available by VOGOV, you may make only a single copy of such materials for your personal use. 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 the Company. Prohibited use, includes, 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 or labels on the materials; and (6) making any other use of the materials. This license does not grant you any rights to any software enhancements or updates of any kind. Company reserves the rights to terminate any free offers of any kind if needed without prior notification.

Disclaimer of Warranties

You agree that materials and all other services provided to you by the Company are provided on an as is basis, without warranties of any kind, including, without limitation, 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 the Company is your liability. Should the materials or any other service provided by the Company prove defective and/or cause any damage to your computer or inconvenience to you, you, and not the Company, assume the entire cost and all damages which may result from any and all such defects. 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. Under no circumstances and under no cause of action or legal theory, shall the Company, its suppliers, licensees, resellers, or other subscribers, or their suppliers, licensees, resellers or subscribers 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 VOGOV.

Advertisements

The Company does not screen or endorse advertisements or communications submitted to VOGOV by third party licensees, advertisers, or subscribers for electronic dissemination through VOGOV. Subscribers are therefore advised to use their own judgment to evaluate all advertisements and other communications available at or through the use of VOGOV prior to purchasing goods and/or services described at VOGOV or otherwise responding to any communication at VOGOV.

Trademarks

VOGOV is a service mark of TMW Media LLC, incorporated. All applicable rights are reserved.

Limitation of Use

All materials included at VOGOV are for the private use by subscribers only. No other use is intended by the Company, and any other use excluding fair and legal use outlined in the present Agreement is strictly prohibited.

Member Communication

If the Company should at any time provide any service which enables subscribers to communicate with or otherwise share information with other subscribers or persons providing any kind or service to subscribers, you agree not to submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, or illegal material while connected to or otherwise directly or indirectly using VOGOV or other services provided to you by the Company. 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 shall constitute a material breach of this Agreement entitling Company to immediately terminate all rights to access VOGOV. You are solely responsible for all information you submit, publish, display, disseminate or otherwise communicate through VOGOV even if a claim should arise after termination of service. 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 subscribers who are authorized to access VOGOV 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 the Company directly or through VOGOV can be read by the operators and/or other agents of the Company, whether or not they are the intended recipient(s).

Members agree not to engage in advertising to, or solicitation of other Members to buy or sell any products or services through VOGOV without prior written consent. Members are responsible for information they send or display even if a claim should arise after termination of service.

There are no facilities provided by VOGOV for sending or receiving private or confidential electronic communications. All messages shall be deemed readily accessible to the public. Do not use VOGOV for any communication for which the sender intends only the sender and the intended recipient(s) to read.

DMCA

We strive to comply with the Digital Millennium Copyright Act of 1998, as amended ("DMCA"), at all times and maintain a repeat offender policy which may result in the termination of your right to use the Services if you violate such policy. If you believe that your work has been copied, posted or otherwise made available through the Services in a way that constitutes copyright infringement, please notify our DMCA Copyright Agent of your complaint, as set forth in the DMCA.

Please consult the DMCA to confirm these requirements. You must provide our DMCA Copyright Agent with the following information in writing, to the extent required by the DMCA:

1. an electronic or physical signature of the person authorized to act on behalf of the copyright owner that is allegedly infringed;
2. a description of the copyrighted work that you claim has been infringed (or, if multiple copyrighted works on a site are covered by a single complaint, a representative list of the allegedly infringing works on the site);
3. identification of the material that is claimed to be infringing and to be removed, and information reasonably sufficient to permit us to locate the material;
4. information reasonably sufficient to permit us to contact you, such as your address, telephone number and e-mail address;
5. a written statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your notice and complaint is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Please be aware that the foregoing information in your complaint may be forwarded to the person who provided the allegedly infringing content. The foregoing information must be submitted to Subsidiary's DMCA Copyright Agent as follows.

Our designated Copyright Agent to receive DMCA Notices is:

Protek Media, S.C.
Partida Cap Blanch 43, Local 14, 03590 Alicante, Spain

Email for incoming DMCA notices: [email protected]

Pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

If you believe that your material has been mistakenly removed or disabled pursuant to this Section 17, you may submit a counter notice by notifying our DMCA Copyright Agent at the address provided above.

Pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

FRAUD MITIGATION POLICY - Billing Errors

The Company will correct any mistakes in a charge and add or credit them against your future payments. If you become aware of any errors in a charge, please notify the Company promptly at [email protected]. If an error occurs in the billing bank, gateway, processor, or intermediate processor and a transaction is lost, the Company has up to 30 days to work with the billing bank, gateway, processor, or intermediate processor to locate this transaction and solve this issue, including providing credit to your payment method or refunding the transaction. You waive any error unless you notify the Company of the error within three months after you receive the bill in which the error first appears. You hereby release the Company from any liability for any error that you do not report to the Company within three months after you receive the bill in which the error first appeared.

Refund Policy

There is a possibility to get a refund in case you are not satisfied with our service and want your money back. What you have to do is to contact our customer service department through customer support site and apply for a refund. You will also have to explain the reason for your dissatisfaction. Be aware, your request for a refund will be refused if you have already downloaded a large amount of content or if it was your initial payment for your trial membership.

Notices

Notices from VOGOV to subscribers may be given by means of e-mail, by posting on VOGOV, or by regular mail. Communications from you to the Company may be made by e-mail, conventional mail or telephone. All questions, complaints, or notices to VOGOV should be sent via the web site online form.

VOGOV members agree upon joining to have their email address added to the member newsletter mailing list, and may possibly receive special offers from us. This information will not be shared with, or sold any other entity. A strict policy against all types of unsolicited email is applied.