Terms of use

Terms and conditions for the use of Exclusiv.com

1. RECITALS

1.1. Exclusiv.com is a webservice that offers users to search, view and rate adult entertainment throughout the world.

1.2. Exclusiv.com is developed and operated by:

AH Media ApS
Absalonsgade 28 1. th
9000 Aalborg
Denmark
Company no. 33 05 58 70

(Individually referred to as the “Operator”)

1.3. The following Terms and Conditions shall be applicable to any use or action on Exclusiv.com. By accepting the Terms and Conditions set forth below, the users warrants to be at least 18 years old upon subscription and in any way capable of entering into legal obligations.

1.4. Upon subscription the User confirms to have read and understood the Terms and Conditions. The Subscriber accepts to be legally bound by the Terms and Conditions and disclaims any reservation to any of the Terms and Conditions.

2. SUPPORT

2.1. Any request for support regarding the subscribed services or inquiries shall be directed to:

AH Media ApS
Absalonsgade 28 1. th
9000 Aalborg
Denmark
Company no. 33 05 58 70

2.2. The request for support can be done by using any of the following references:

Support@exclusiv.com

AH Media ApS
Absalonsgade 28 1. th
9000 Aalborg
Denmark

3. SERVICES AND USERS

3.1. Exclusiv.com offers a wide selection of ratings and reviews of nightclubs, bars and entertainments within the adult industry. Furthermore, Exclusiv.com offers the option to set up a profile, either as a person, hereunder multiple people, or

as an entity. The range of services available is dependent on the type of membership chosen by the user cf. section 3.2 – 3.4.

3.2. Profile Members shall have full access to all services provided and offered by Exclusiv.com. This includes access to set up profiles, view, rate and apply comments on other active profiles, hereunder the option of viewing comments, pictures, videos and any other material uploaded by other Profile Members.

3.3. Profile Members not representing any sort of entity, club or non-personal profile shall have the option of suspending the profile for a maximum period of 6 months. The Users suspension of the profile shall also suspend the option to view, rate and comment on other Profile members.

3.4. User Members shall have access to view the set up profiles, provide comments and read comments made to the profiles in question. Furthermore, User Members has the option of rating the profiles found on Exclusiv.com.

3.5. Free Users shall have access to view profiles, ratings and reviews set up on Exclusiv.com. Free Users is restricted from viewing comments and pictures to the profiles. Free Users is additionally restricted from commenting on profiles found on Exclusiv.com

3.6. Each of the Users listed above shall collectively be referred to as “Users”.

4. TERM

4.1. Free Users shall have access to the services available unlimited and unrestricted in accordance with the Terms and Conditions for as long as the Services are available on Exclusiv.com.

4.2. User Members shall be entitled to a monthly subscription. The monthly subscription is 30 days, which will automatically be renewed upon expiration of the 30 days. Renewal of the monthly subscription shall be continuing until termination of this Agreement is carried out in writing by either the Operator or the User, if mutually agreed between the Operator and the User or if either of the parties is in breach of contract cf. section 14.

4.3. Profile Members shall have the option of 1, 3 or 6 months membership, whereas the subscribed term will automatically be renewed upon expiration in accordance with section 4.2.

4.4. Cancellation of the subscribed term can be done in writing up and until the last day prior to the renewal of the current term. The notice must be received by the Operator prior to the expiration of the current term.

4.5. Full benefit of the subscribed services is only accessible up and until the end of the final term. No refund is given for the remainder of the subscribed term in case of termination and/or cancellation.

5. PAYMENT

5.1. The Subscribers payment for the subscribed term is charged by:

AH Media ApS
Absalonsgade 28 1. th
9000 Aalborg
Denmark
Company no. 33 05 58 70

5.2. The monthly fee is [insert fee]. The fee for 3 months membership cf. section 4.3 is [insert fee]. The fee for 6 months membership cf. section 4.3 is [insert fee].

5.3. The User agrees that payment of the subscription fee for any term must be done with credit card. The following credit cards are recognized by the Operator as a payment method:

    5.4. The fee charged by the Operator shall be in EUROES. The fee charged will be for the membership to which the User has subscribed. Upon expiration of the initially purchased subscription, the fee charged will be in accordance with a monthly subscription and will be charged in accordance with the renewal of terms cf. section 4.

    5.5. Any exchange rate or fee and/or expense incurred due to currency exchange shall solely be paid by the User.

    5.6. Any inquiries regarding payment and fees shall be solved in an amicable way. The Subscriber is referred to section 2 for support regarding payment inquiries.

    5.7. If VISA of Master Card is chosen as the method of payment, the Subscriber shall have the option to make use of chargeback by contacting its own financial institution. This option is available if the Operator recognizes that an unduly fee has been charged.

    5.8. The Operator reserves the right to alter any fee presented on Exclusiv.com. Any alteration of the fees charged by the Operator shall be notified to the User in writing within reasonable time prior to the actual change.

    6. REVOCATION

    6.1. The User has a right of revocation from the subscription. The right shall be exercised in writing and must be carried out within 14 days from the day of subscription. If the Users revocation is within due time, the User shall have full refund for the subscribed term.

    6.2. The option of revocation is not accessible if any of the services provided has been conducted and/or initiated prior to the request for revocation by the User.

    6.3. The right to revocation shall be exercised by contacting support cf. section 2.

    7. VIDEO AND AUDIO

    7.1. Any video and/or audio material made available by a User shall only display the holder of the profile in question. No available material shall display any third party, which is not specifically the holder of the profile in question. The Operator reserves the right to remove any material which infringes section 7.1.

    7.2. It is strictly prohibited to display any material of offensive nature, hereunder but not limited to, paedophilia, abuse of animals or people, violence, racism, religious fanaticism. Any infringement hereof will result in instant termination of the User.

    7.3. Use if video and/or audio material to display the User in question, shall at all times be updated, true and accurate regarding the identification of the User in question.

    7.4. Images uploaded to Exclusiv.com are the property of the individual company or user. Exclusiv.com is not responsible for the content of the images uploaded to the site, nor are we accountable for any copyright infringements the individual company or person may cause. However Exclusiv.com reserves the right to remove any images that infringe on our terms of service, individual copyrights and established laws.

    7.5. By uploading images to Exclusiv.com you agree that you are the copyright holder and any infringements can cause removal of the images in question. In case of repeated infringement we reserve the right to terminate the account in question.

    7.6. Any use of video and audio material shall be in accordance with section 10.

    8. PERSONAL DATA

    8.1. Any data and personal information provided during the registration or the use of Exclusiv.com will be treated in accordance with the Danish Personal data protection act. Thus, data and personal information is only available to trusted employees of the Operator. Any use which involves third parties or distribution to any third party requires the prior written consent of the User.

    8.2. When you use the service of Exclusiv.com you have a legal right to know what information are stored, according to the Danish Personal Data protection act. Any enquiries regarding this should be addressed to Exclusiv.com on Support@exclusiv.com.

    8.3. Exclusiv.com sends cookies when you use the services or the website in general. Accepting cookies used on Exclusiv.com does not provide the Operator with access to your personal information. However, use of cookies may be used to identify the Users computer.

    9. CONDITIONS

    9.1. During the use of Exclusiv.com, no User shall refer, link or in any other way direct internet traffic to any third party outside Exclusiv.com. However, each of the Profile Users shall have the option of showcasing links to personal pages directly related to the profile in question.

    9.2. No commercials, advertisements or other announcements shall be presented by any User on Exclusiv.com without the prior written consent of the Operator.

    9.3. Communication, correspondence and any other sort of statements made by Users on Exclusiv.com shall be in a proper and non-offensive language and at all times in accordance with good internet etiquette.

    9.4. Entering Exclusiv.com fro a mobile device using Exclusiv.com as an app may result in the occurrence of advertisements or commercials.

    10. WARRANTIES

    10.1. The User warrants not to store, submit, upload and/or display any material, file or other content which infringes any intellectual property rights and/or make available any content which is illegal and/or non-compliant with the laws of the country in which the Subscriber takes residence.

    10.2. The User warrants that the unique username and password provided by the Operator shall be kept confidential and shall be used only by the User.

    10.3. The User warrants that any and all information provided to the Operator is true and correct and identifies the person subscribed.

    10.4. The User warrants to hold harmless the Operator for any and all loss, damage and/or costs and expenses directly or indirectly caused by the User due to breach of these Terms and Conditions.

    11. LIABILITY

    11.1. The User shall be fully liable for any and all materials, files, statements, audio or any other content uploaded on Exclusiv.com which is non-compliant with the Terms and Conditions.

    11.2. The User shall be liable for any and material presented, provided or in any other way made available on Exclusiv.com that it shall at all times be compliant with the laws of the country in which the subscriber takes residence.

    11.3. Any legal actions, proceedings, claim or prosecution initiated towards the User due to infringement and/or violation of the Terms and Conditions or the laws of the country in which the User takes residence, shall not affect the Operator and the User shall solely be liable hereof.

    12. LIMITATION OF LIABILITY

    12.1. The Operator is not liable for the content of the information found and/or provided on Exclusiv.com, hereunder but not limited to any consequential, incidental, direct or indirect, disease, financial loss and/or claim suffered by the Users.

    12.2. The Operator shall not be liable for any content, file or material uploaded or in any other way made available by the User which in any way infringes third party rights or any law or regulation.

    12.3. The Operator bears no liability for the content of links, commercials, advertisements or references to other homepages, hereunder links, commercials, advertisements or references provided by affiliates.

    13. INTELLECTUAL PROPERTY RIGHTS

    13.1. Any content provided or presented on Exclusiv.com is the intellectual property rights of the Operator or intellectual property rights licensed to the Operator and may not in any way be used by the User unless otherwise stated in these Terms

    and Conditions.

    13.2. During the term of the agreement, Profile members shall have an exclusive right to post, highlight or in any other way showcase the Exclusiv.com logo on the official website for the Profile member. Furthermore, the Profile member shall have the right to showcase the Exclusiv.com logo to the public at the Profile members store, club or similar.

    13.3. The right set forth in sections 13.1 and 13.2 shall terminate if the agreement between the Profile member and Exclusiv.com is cancelled, terminated or in any other way is ended.

    14. BREACH

    14.1. Any breach of the Terms and Conditions shall allow the operator to cancel, terminate or suspend the User without prior notice. No payment shall be refunded in case of a User’s breach of these Terms and Conditions.

    14.2. Sections 13 shall survive any termination of this agreement.

    15. E-MAIL

    15.1. By subscribing as a User to Exclusiv.com the User explicitly accept to receive newsletters and offers to the e-mail provided. The User may cancel the newsletter service by contacting the support cf. section 2.

    16. FORCE MAJEURE

    16.1. Any party shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond reasonable control, including but not limited to war, strikes, labor disputes, government orders or any other force majeure event.

    17. ASSIGNEMENT

    17.1 The User shall not have the option without written approval to assign any rights conferred as a User to any third Party. Neither shall any User refer, link or advertise for any third party, hereunder but not limited to any other Users of Exclusiv.com.

    18. GOVERNING LAW AND DISPUTE RESOLUTION

    18.1. Any dispute arisen out of or in connection with the use of Exclusiv.com between any User member, Profile member and any other third party using the services provided by the Operator shall be governed by the laws of Denmark, without giving effect to any choice of law or conflict of law provisions. Any dispute arisen out of or in connection with this Agreement shall  be settled at the court of Aalborg, Denmark.

    18.2. If any section of these Terms and Conditions is held invalid or unenforceable, such invalidity or unenforceability shall not affect the remainder of the Terms and Conditions.

    19. MISCELLANEOUS

    19.1. The Terms and Conditions may be modified or amended by the Operator. Such revisions shall be effective immediately. However, for existing members, such revision shall, unless otherwise stated, be effective 30 days after posting.

    19.2. The Operator reserves the right to outsource any obligation, right and administer handling to any third party by the choosing of the Operator.

    19.3. These Terms and Conditions are provided to the User as part of the letter received from the Operator upon subscription.

    19.4. Users of Exclusiv.com explicitly recognizes and accepts that any and all information, photos, videos and information of any sort on Exclusiv.com shall be considered as guidelines.

    copyright AH-media ApS 2016
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