As used herein, subscriber shall be referred to as "Subscriber" or "you" and heydouga.com as "heydouga.com" or "we." This Agreement will take effect and be applicable to you when a user ID and password is issued to you upon opening an account D2Pass pursuant to Section 3 hereof.
1. Agreement to View Adult Material
This website is designed and intended SOLELY for ADULTS - people who are at least 18 years old (or the legal age of majority in the jurisdiction in which you reside)-- who are interested in and wish to have access to visual images, verbal descriptions and audio sounds of a sexually oriented, frankly erotic nature. The materials which are available within this website may include graphic visual depictions and descriptions of nudity and sexual activity and should NOT be accessed by anyone who is younger than 18 years old (or the age of legal majority in the jurisdiction in which you reside) or who does not wish to be exposed to such materials. By purchasing a Membership you are making and agreeing to 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 legal majority in the jurisdiction in which I reside)." "I promise that I will not permit any person(s) under 18 years of age (or the age of legal majority in the jurisdiction in which I reside) to have access to any of the materials contained within this site." "I understand that when I gain access to this website, 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 average 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."
2. Compliance with Laws and Community Standards
You are familiar with and understand the standards and laws of the community in which you live regarding sexually oriented media. You represent that, based on your familiarity with these standards and laws of your community, by requesting and receiving any of the adult material on heydouga.com; you will not be violating any of these standards and/or laws. You understand that by accepting the terms of this Agreement, you will hold heydouga.com harmless from and against any responsibilities related to your requesting, receiving or possessing materials contained on its site.
- I)To purchase a Service on the website, you must create a D2Pass account. After providing all the required information, a user ID and password will be provided to you, which you will use to purchase any of the Services.
- II)You must download your purchased PPV Service during a specific time period provided at the time of the purchase. You will be charged the designated fee at the time of purchase, regardless of whether or not you actually download, view or otherwise access the purchased Service. Failure to download the purchased Service during the specific time period will result in the forfeiture of the payment and you will only be able to access the same PPV Service after paying a new fee. After downloading the purchased PPV Service, you will be able to view or otherwise access the material for an unlimited period of time. All sales are final. There will be no refunds, including partial refunds.
- III)The 30-day-membership plan is a subscription service which allows you unlimited right to view the purchased content/videos for 30 days. You will be billed a membership fee in accordance with the designated schedule for usage of the services in the Website, the list of which is available in the Website (the "Service" or "Services"). You understand your credit card will automatically be billed each month for the current membership fee until you complete cancellation process of your membership. All sales are final. There will be no refunds, including partial refunds. If one of your registered credit cards was declined for any reason, we will impose what we call the "Recurring System" which will allow us to automatically charge any purchase to the other credit cards in our records. If any of your registered credit card(s) are declined for any reason including but not limited to expiration, you have 30 days from the recurring charge to provide us with updated account information and or a new card if necessary. The company reserves the right to update credit card information utilizing third party services including but not limited to updating services provided by card associations or gateway providers. If you provide us with a new card, updated information and or updated information that we may have collected and are successfully charged within 30 days, your new membership period will be based on the original renewal date and not the date of the successful charge.
UNLESS YOU COMPLETE THE CANCELLATION PROCESS, YOU UNDERSTAND THAT YOUR MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY CREDIT CARD WE HAVE ON RECORD FOR YOU.
4. Right to Change Pricing, Content, this Agreement, Policies and Other Posted Information
You agree that heydouga.com has the right to change all pricing, website content, this Agreement, policies and other posted information at any time. Such changes will be effective 30 days after we posted on this website or as provided in Section 15 of this Agreement. Subscriber should periodically check this Agreement, pricing and policy provisions and other relevant provisions for changes. Your continued use of heydouga.com following the posting of any change(s) shall be deemed as your acceptance of such change(s).
5. Termination or Suspension of Service by heydouga.com
heydouga.com reserves the right, in its sole discretion, to terminate and/or suspend access to the Services to you or any person without prior notice and for any reason, including, without limitation, if heydouga.com believes that you have violated or acted inconsistently with the letter and spirit of this Agreement. You acknowledge and agree that heydouga.com shall not be liable to you or any third party for any termination or suspension of your access to this website.
6. Cancellation of Service by Subscriber
If you desire to cancel your membership, please complete and submit the cancellation form located at Join Page. You must cancel your membership at least one day before your next billing cycle to avoid automatic recurring charges. Please note that your cancellation request will not be processed until we receive your completed cancellation form. When a request was made but was not completed properly (e.g. incomplete forms, sending errors, etc.), your cancellation request will not be processed.
7. Disclaimer of Warranties
You understand and agree that no warranty is made by heydouga.com regarding the Service, and heydouga.com hereby expressly disclaims: (1) any and all warranties as to the availability, accuracy or content of the Service available; and (2) any warranties of merchantability or fitness for a particular purpose. You further understand and agree that any liability of heydouga.com, its officers, directors, employees, agents or independent contractors, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in destruction, alteration, or use of (or unauthorized access to) records, whether for breach of contract, breach of warranty, negligence or other tortious behavior, shall be strictly limited to the amount paid to heydouga.com by or on behalf of the claimant for Service fees for the month in which the claimed injury or damage occurred. Under no circumstances will heydouga.com or its officers, directors, employees, agents or independent contractors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, the heydouga.com website.
8. Computer System Requirements
You are responsible for providing all personal computer and telecommunications equipment and Internet access necessary to gain access to the website and Services. In the event that you are not able to fully utilize the Service (i.e. due to difficulty downloading images etc.), and said failure is the result of poor performance of your computer system or Internet Service Provider, you shall not be entitled to any refunds of any amounts paid for the Service.
9. User ID and Password
Access to and use of the Service is through a combination of your user ID and password. Each Subscriber must keep his or her password strictly confidential and will not allow the use thereof to any other user. You will remain liable for any costs accrued as a result of any unauthorized use of your user ID and/or password if you fail to inform the website of such breach. For security reasons, heydouga.com will not release passwords for any reason. Unauthorized access to the Service is a breach of this Agreement and a violation of law.
10. Truthfulness of Information Provided
You hereby represent and warrant that any and all information provided in subscribing for the Service is complete, truthful and accurate. Subscribership may not be assigned or transferred to any other person or entity. You must promptly inform heydouga.com of the following: changes in the expiration date of any credit card used in connection with the Service; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. heydouga.com shall not be liable for any losses or damages incurred by you as a result of unauthorized use of the Service. Upon request, you will be given access to billing records that support charges for use of the Service.
11. Prohibited Actions
You shall not engage in the following actions, which are strictly prohibited: (1) any action that is designed to crack the anti-copy code of any data owned or held by heydouga.com, (2) the use of material on the Service for any use other than your private, personal use, (3) any action that causes or results in any losses or damages to heydouga.com or any third party, (4) any action that violates the standards and laws of the community in which you live regarding sexually-oriented media, (5) any action that obstructs the normal utilization of Internet connections to the public, and (6) any other action which is determined to be improper by heydouga.com.
12. Prohibition Against Copying
Except for public domain material and electronic messages, all material displayed on the Service is copyrighted and may not be copied, redistributed or downloaded, in whole or in part, without the prior written consent of heydouga.com, unless otherwise clearly stated in this Agreement.
13. Private Use
The material on the Service is for the private, non-commercial enjoyment of Subscribers only. Any other use is strictly prohibited.
Notices from heydouga.com to Subscribers may be given by means of e-mail, by general posting on heydouga.com which may include, but may not limited to, promotions, special offers, and other information about heydouga.com and/or any other website(s) or business(s) affiliated with heydouga.com. Furthermore, you hereby acknowledge and accept that by using heydouga.com's Services, you are subject to receiving such Notices from heydouga.com, and/or any other website(s) or business(s) affiliated with heydouga.com. Communications from You to the Company may be made by e-mail.
This Agreement contains the entire agreement between the Subscriber and heydouga.com regarding the use of the Service, and supersedes all prior written and oral understandings and writings, and may only be amended upon notice by heydouga.com to Subscribers. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its terminations. The Agreement shall be governed by the laws of the Cyprus.
Heydouga's Live Chat Services Terms and Conditions
PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY
OVERVIEW: Access to the live video chat interface of video chat rooms requires a set per minute fee, plus bonuses payable at the discretion of the user.
REFUND POLICY: heydouga.com or Heydouga's Live Chat Services do not provide cash refunds. All sales are final.
FULL TERMS & CONDITIONS:
TERMS OF SERVICE AGREEMENT AND OPERATING RULES
- B. heydouga.com may change the TOS at any time, subject to timely notice which will be posted in the website's homepage. You agree to review the TOS periodically to be aware of such changes. If any change is unacceptable to you, you may terminate your membership as provided in "Cancellation" below, or in Section 2 (E) or 8 below. Your continued use of heydouga.com following the Effective Date of any such change to the TOS constitutes acceptance of all such changes.
- C. AGREEMENT TO VIEW ADULT MATERIAL - (i) This Website ("Website") is designed and intended SOLELY for ADULTS - people who are at least 18 years old (or the legal age of majority in the jurisdiction in which you reside)-- who are interested in and wish to have access to visual images, verbal descriptions and audio sounds of a sexually oriented, frankly erotic nature. The materials which are available within this Website may include graphic visual depictions and descriptions of nudity and sexual activity and should NOT be accessed by anyone who is younger than 18 years old (or the age of legal majority in the jurisdiction in which you reside) or who does not wish to be exposed to such materials. By purchasing a Membership, you are making and agreeing to 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 legal majority in the jurisdiction in which I reside)." "I promise that I will not permit any person(s) under 18 years of age (or the age of legal majority in the jurisdiction in which I or such person reside) to have access to any of the materials contained within this site." "I understand that when I gain access to this Website, 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 average 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."
YOUR ACCOUNT INFORMATION
- A. You certify that YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD (or age of legal majority in the jurisdiction in which you reside). You acknowledge that you provided heydouga.com, through your registration with D2Pass, with accurate, complete, and current registration information. Failure to do this shall constitute a breach of this agreement and unauthorized access to heydouga.com. Unauthorized access to heydouga.com could result in immediate termination of your account and may subject you to civil and criminal liability. Unless you have prior written authorization from heydougadouga.com, you may not register for additional accounts after such termination.
- B. Prior to availing services at Heydouga, you will be prompted to create a screen name/chat handle. Please follow the instructions provided to you at such time. You may not select or use a screen name registered to another person, a name in violation of a third party's property rights, or a screen name that heydouga.com deems offensive or otherwise inappropriate. heydouga.com owns all screen names and licenses them to you. Additionally, you may not use your screen name in violation of the TOS or in ways heydouga.com deems inappropriate (e.g., sending or causing to be sent mass e-mail solicitations). heydouga.com reserves the right to delete any such screen name.
- C. You are entirely liable for all activities conducted through your account. A Member may not permit another individual to use such Member's account at any time.
- D. Heydouga reserves the right to ban any users from availing of the Chat Service. Banned users may not access heydouga.com without heydouga.com's prior express written (including e-mail) permission. Eligible members may not allow a banned user or their agent to use their account.
- E. CANCELLATION - Members seeking to cancel their account with Heydouga can do so by clicking here.
CHARGES AND BILLING PRACTICES
- A. If you avail of the live video chat services ("Chat Services"), you will be charged per minute of use (please refer the latest point purchase list at Website). Members will need to purchase points to start the Chat Services. Such points are used to Chat Services and to purchase video session. Any remaining points available will be available on display for the Members before accessing to the Video chat room. In some cases, a Member may be permitted to register more than one credit card. Please note that if you register 2 or more credit cards and purchase points during a video chat session, the credit card which you last used will be the one that is automatically billed. Charges on your credit card will come from and billed by "DTI Services," which shall likewise manage and secure your credit card informations. DTI Services shall hold the security of such information under the strictest standards.
- B. If heydouga.com does not receive payment from the credit card issuer or its agents for your usage of the Chat Services, you agree to pay all amounts due upon demand by heydouga.com. Each time you use heydouga.com, you agree and reaffirm that DXLIVE is authorized to charge your designated card. Your card issuer agreement governs your use of your designated card in connection with heydouga.com, and you must refer to that agreement and not this TOS with respect to your rights and liabilities as a cardholder. You agree that heydouga.com may, at its option, accumulate charges incurred during your billing cycle and submit them as one or more aggregate charges during or at the end of each cycle. This means that accumulated charges may appear on the statement you receive from your bank or card issuer. Further, you agree that heydouga.com may delay obtaining authorization from your card issuer until submission of the accumulated charges. You acknowledge that if you want to see the components of accumulated charges you may do so by emailing here.
- C. If Heydouga does not receive the full amount of your DXLIVE account balance within thirty (30) days of the invoice date, an additional 10% (or the highest amount allowed by law, whichever is lower) per month late charge may be added to your bill and immediately become due and payable. Member shall be liable for all attorney and collection fees arising from heydouga.com's efforts to collect any unpaid balance of your account(s). You agree to be billed for and to pay any outstanding balance in the event of cancellation or termination of your heydouga.com account. Unless you notify heydouga.com of any discrepancies within thirty (30) days after they first appear on your account statement, they will be deemed acceptable by you for all purposes, including resolution of inquiries made by your card issuer. You release heydouga.com from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to heydouga.com within thirty (30) days of its publication.
- D. HEYDOUGA.COM RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR ONLINE AREAS, CONTENT, OR SERVICES PROVIDED BY HEYDOUGA.COM, ITS AFFILIATES OR ICPS (AS DEFINED BELOW). HEYDOUGA.COM MAY ALSO ELECT, AT ITS DISCRETION, TO SUPPLEMENT SUCH NOTICE OF BILLING CHARGES THROUGH POP-UPS OR E-MAIL, TO THE ACCOUNT HOLDER. If any such change is unacceptable to you, you may terminate your membership as provided in Section 8 below. Your continued use of DXLIVE following the effective date shall constitute your acceptance of such changes.
- E. You are responsible for all charges associated with connecting to Heydouga's internel live chat services. You agree that any charges incurred to access the Internet, including but not necessarily limited to access fees billed by your Internet Service Providers are entirely your responsibility. Depending on your particular location and chosen Internet Service Provider, you may be subject to long distance charges and/or other communication surcharges, which are your responsibility. You acknowledge that if you want to see the detailed components of accumulated charges, you may do so by sending an email to here.
- F. heydouga.com sets an expiration date on points purchased. Points purchased by heydouga.com Members shall expire under the following circumstances: Using a Member's recorded log-in for the last video chat session which said Member had engaged as the starting point, if said Member does not expend at least 0.1 point within a period of 24 months or 2 years, then all points remaining in such Member's account, as well as any bonus mileage points, shall be void and unusable beyond the 24 month or 2 year period.
RIGHTS AND RESPONSIBILITIES
- A. CONTENT - You acknowledge that: (i) heydouga.com contains information, communications, software, photos, videos, graphics, music, sounds, and other material and services (collectively "Content"); (ii) Such Content is provided under license by ICPs, other Members, heydouga.com and its affiliates; and (iii) At minimum, heydouga.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. Each Member and any user of Members account must evaluate, and bear the risk associated with any reliance on the accuracy, completeness or usefulness of any Content. heydouga.com does not pre-screen Content as a matter of policy: however heydouga.com, its affiliates, and ICPs shall have the right, but not the responsibility, to remove Content that they deem harmful, offensive or otherwise in violation of the TOS. Accordingly, you acknowledge that neither heydouga.com, its affiliates, nor any ICP shall assume or have any liability for any action or inaction by heydouga.com or its affiliates, or any ICP, with respect to Content, or Content changes within heydouga.com.
- B. PROPRIETARY RIGHTS - You acknowledge the following: (i) heydouga.com permits access to Content that is protected by copyrights, trademarks, and other intellectual and proprietary rights ("Rights"); (ii) These Rights are valid and protected in all media and technologies existing now or later developed; and (iii) Except as explicitly provided otherwise, the TOS, applicable copyright and other laws govern your use of Content (see the Rules, Section D, for details). You agree that you may upload to the software files, message boards, or otherwise transmit on or through heydouga.com only Content that (1) is not subject to any Rights, or (2) any holder of Rights has given express authorization for distribution on heydouga.com. You represent that if you upload any files, you have the legal authorization to do so. You agree that heydouga.com may employ virus-checking technology to protect its system and its members from viruses. By submitting Content to any "public area" of heydouga.com (e.g., message boards, forums, the Member Directory, and MailBox), you grant heydouga.com and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any rights that may exist in such Content. You also warrant that the holder of any Rights, including moral rights in such Content, has completely and effectively waived all such Rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any Member and authorized user to access, display, view, store and reproduce the Content for personal use. Subject to the foregoing, the owner of Content placed on heydouga.com retains any and all Rights that may exist in such Content.
- C. CONDUCT AND COMMUNICATION - You acknowledge that heydouga.com may contain
material that may be inappropriate for minors. You recognize that communication
over heydouga.com often occurs in real time or is posted on one of heydouga.com
's message boards or chatrooms. You acknowledge that heydouga.com cannot, and
does not intend to, screen communication in advance for accuracy or conformance
to the TOS or any laws. However, heydouga.com may elect, at its sole discretion,
to monitor some, all, or none of heydouga.com's public areas for adherence to
the TOS. Accordingly, you acknowledge that neither heydouga.com, its affiliates,
nor any ICP shall assume or have any liability for any action or inaction by
heydouga.com, its affiliates, or any ICP with respect to Content on
heydouga.com. Any conduct by a Member that in heydouga.com 's sole discretion
restricts or inhibits any other Member, person or entity from using or enjoying
heydouga.com or another service shall entitle heydouga.com to immediately
terminate membership without notice. You agree to use heydouga.com only for
lawful purposes. You may not use, or allow others to use, your heydouga.com
account, either directly or indirectly, to:
- (1) post, transmit, or promote any unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, hateful, racially, ethnically or otherwise objectionable Content;
- (2) harass, threaten, embarrass, or cause distress, unwanted attention or discomfort upon another Member or user of heydouga.com or other person or entity;
- (3) post, transmit, promote, link, or facilitate the distribution of content that may generally be considered obscene, including, but not necessarily limited to, bestiality, urination/defecation, fisting, incest, extreme sado-masochism or bondage presented in a sexual context, or any presentation of minors engaged in intimate physical contact or sexual situations, acted or depicted.
- (4) disrupt the normal flow of dialogue in a chatroom or on a message board or otherwise act in a manner that negatively affects other Members, users, individuals or entities, such as causing the screen to "scroll" faster than other Members or users are able to type to it or any action to a similar disruptive effect;
- (5) impersonate any person or entity, including, but not limited to, a heydouga.com official, an ICP, forum leader, guide or host, or communicate under a false name or a name that you are not entitled or authorized to use, or impersonate a minor;
- (6) post or transmit, or cause to be posted or transmitted, chain letters or pyramid schemes;
- (7) post or transmit, or cause to be posted or transmitted, any unsolicited advertising, promotional materials, or other forms of solicitation to other Members, individuals or entities (although Contributors may use the heydouga.com E-mail System to advertise current or upcoming sessions to their previous viewers who have not requested to be removed from their mailing lists), or collect or harvest screen names of other Members, without permission;
- (8) post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private financial information from any Member;
- (9) intentionally or unintentionally violate any applicable local, state, national, international or foreign law, including, but not limited to, any rules or regulations having the force of law. heydouga.com reserves the right to protect its Members and heydouga.com from offensive e-mail communication, including, but not limited to, the right to block mass e-mail solicitations, or "junk e-mail." You also agree and accept that, as new products or services become available on or through heydouga.com, your use of these products is subject to the TOS. In addition to Content and services provided by ICPs, heydouga.com, and its affiliates, others may offer Content, software or other services to Members with their own terms and conditions relating to your use. Failure to abide by these terms and conditions may result in termination of membership. Furthermore, other such networks, including Internet areas, may subject Members to their own usage policies.
- D. MEMBER - Chathost Disputes. Disputes between Member and Chathost regarding the Chathost's video, oral, or written content shall be resolved between Chathost and the Member. heydouga.com shall not be liable for problems or damages resulting from or arising out of such disputes. heydouga.com is under no obligation whatsoever to resolve such conflicts.
- E. CHANGES IN SERVICE - heydouga.com has the right to change or add to the Services, or to suspend or terminate all or part of the Services, without prior notice. heydouga.com shall not be liable for any damages caused by such changes.
- F. INTERRUPTIONS IN SERVICE - heydouga.com may shut down its website without prior notice in the event of unexpected problems with servers or communications lines, disasters, or other unforeseen interruptions. heydouga.com may also shut down its website to perform server maintenance. heydouga.com provides no guarantees whatsoever regarding the reliability, stability, usability etc. with respect to the deliver or performance of the Services. heydouga.com shall not be liable for indirect, direct and/or consequential damages resulting from changes, interruptions, or cancellation of the Services, or from the loss of damage to, disclosure of, and/or misuse of data.
heydouga.com grants to you a non-exclusive, limited license to use heydouga.com software to transmit your personal video signal to heydouga.com from authorized locations in accordance with this agreement. This license is subject to the restriction that, except where expressly permitted by law, you may not translate, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works from, heydouga.com software. You may not modify heydouga.com software or use it in any way not expressly authorized in these Rules. You agree and accept that heydouga.com's introduction of various technologies may not be consistent across all platforms (e.g. Macintosh).
MEMBER EXPRESSLY AGREES THAT THE USE OF HEYDOUGA.COM AND HEYDOUGA.COM SOFTWARE ARE AT MEMBERS' SOLE RISK. HEYDOUGA.COM, HEYDOUGA.COM SOFTWARE, AND HEYDOUGA.COM PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR PERSONAL USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. HEYDOUGA.COM PROVIDES THE HEYDOUGA.COM SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT MEMBERS WILL BE ABLE TO ACCESS THE SERVICE AT A TIME OR LOCATION OF THEIR CHOOSING, OR THAT IT WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR FOR PARTICULAR PRODUCTS. HEYDOUGA.COM'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF HEYDOUGA.COM, HEYDOUGA.COM SOFTWARE, AND THE INTERNET SHALL BE THE REPLACEMENT OF ANY HEYDOUGA.COM SOFTWARE FOUND TO BE DEFECTIVE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, HEYDOUGA.COM'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. HEYDOUGA.COM DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH HEYDOUGA.COM, EXCEPT AS EXPRESSLY PROVIDED ELSEWHERE, AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Upon heydouga.com's request, Member agrees to defend, indemnify and hold harmless heydouga.com, its affiliated companies, its employees, contractors, officers, directors, telecommunications providers, ICPs from all liabilities, claims and expenses, including attorneys fees, that arise from breach of the TOS by use of, or in connection with, the transmission of any Content on heydouga.com or the Internet by or through Members accounts. heydouga.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Member hereunder. In such event, Member shall have no further obligation to provide indemnification for such matter.
You understand and agree that no warranty is made by heydouga.com regarding the service, and heydouga.com hereby expressly disclaims: (1) any and all warranties as to the availability and accuracy of the contents in the website as well as those available through the website and/or Service provided therein; and (2) any warranties of merchantability or fitness for a particular purpose of any product available for purchase in the website.
The website's customer service, including but not limited to: responding to billing inquiries; investigations of unauthorized charges; and password setting/re-setting is provided by a third party, Allbright Information Services, Inc. Accordingly, heydouga.com is not responsible, or in any way liable to users, for the actions or inactions of this third party service provider.
In the event that your account is terminated or canceled, no refund, including any membership fees, will be granted; no online time or other credits will be credited to you or can be converted to cash or other form of reimbursement. Active heydouga.com Members may not allow former Members or other agents whose memberships have been terminated to use their accounts. Any delinquent or unpaid accounts or accounts with unresolved issues with the Customer Service Department or other heydouga.com departments must be concluded before you may re-register with heydouga.com. Members using multiple accounts without prior express written permission from heydouga.com shall have their membership terminated.
- A. To the extent any conflict between this agreement and the Rules exists, this agreement shall take precedence. If any part of the TOS is held invalid or unenforceable, that portion shall be construed consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions remain in full force and effect. The laws of the Cyprus govern the TOS and your membership. As noted above, Member conduct may be subject to other local, state, and national laws. Member expressly agrees that exclusive jurisdiction for any claim or dispute resides in the courts of Cyprus. Member further agrees and expressly consents to the exercise of personal jurisdiction in Cyprus in connection with any dispute or claim involving heydouga.com.
- B. You agree to abide by Cyprus. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or software subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to heydouga.com any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this agreement.
DTI Services Inc. Address: 601 South Figueroa Street #4300, Los Angeles, CA 90017
DEFINITIONS AND REFERENCES
- "TOS" = The Terms of Service and the Rules of Use, collectively
- "Member" or "you" = A registered subscriber or authorized user of heydouga.com
- "Effective Date" = Thirty (30) days after the date of the last TOS change as posted in the Terms of Service area
- "Content" = Information, communications, software, photos, video, graphics, music, sounds and other material and services, collectively
- "ICPs" = Independent Providers of Content, typically, Video Chathosts
- "Rights" = Copyrights, trademarks, and other intellectual and proprietary rights
- "Public Areas" = Areas on heydouga.com that are freely open to all Members, including, but not limited to, public chat rooms, online forums, message boards, and software libraries
- "Individual Information" = Any information, data or records that relate to your heydouga.com membership or use of heydouga.com and identifies you or your individual Member account