Terms of Service & Conditions of Access, Use of Membership
Before you are authorized to purchase a membership and access the protected materials provided (referred to here in as Service or Website), you are required to read and accept the following Terms of Service & Conditions of Access, Use of Membership (the Agreement). This Agreement is made and entered into between AXS Charge Ltd, ("the company"),
and you ("you" or "your"). FISTFLUSH.COM is a site of AXS Charge Ltd.
By joining, you are agreeing to these terms and conditions, and are agreeing to be legally bound by them. This agreement is subject to change at any time. Changes are effective when posted on this site without notice upon each subscriber.
PLEASE READ CAREFULLY AND UNDERSTAND EACH AND EVERY PROVISION CONTAINED IN THIS AGREEMENT PRIOR TO DETERMINING WHETHER YOU AGREE TO PROCEED INTO THIS WEBSITE.
1. Explicit Adult Content
1.1 You hereby swear and affirm under oath, warrant and represent that you are at least eighteen (18) years of age (21 in some jurisdictions) and have the legal capacity to enter into agreements of this nature. The company makes no representation or warranties that the content published on this site complies with the local laws of your jurisdiction. You are solely responsible for knowing and understanding your local laws concerning standards of content legality for purposes of obscenity laws. You further represent and warrant that you understand the nature of the content published on this site, namely, sexually explicit materials, and that you voluntarily and knowingly choose to view such material and that such material does not offend or vex your sensibilities. Should you be unable to affirmatively make the representations and warranties contained herein, do NOT subscribe to this Service.
2.1 Your membership purchases will discreetly appear as "WWW.AXSCHARGE.COM" or EPOCH.COM*AXSCHARGEL on your credit card. The name of the website or adult wording will not appear on your statement. Direct Debit, checking and alternative payment processors will appear as their company name on your statement.
All transactions are performed though AXS Charge Ltd, Cyprus. By entering your credit card information, you authorize the company to charge your credit card according to the terms of the membership.
3. Description of the service
3.1 The company will instantly provide you with a username and password in order to access the members only area of the website, in exchange for the membership fees.
3.2 The username and password are, and shall remain, the sole and exclusive property the website, and are issued to you in the form of a revocable license.
3.3 You have a strict obligation to keep the username and password confidential. Should you have reason to believe that either may have become compromised, you must immediately inform the website via http://support.perfectgonzo.com Note down your username and password in a safe place. The company reserves the right to terminate the membership at any time with or without cause.
3.4 Trial members have access to a limited amount of content and one FULL HD movie. There are no download limits in terms of the amount of downloads for monthly and three month memberships. There are no download speed limitations. Movies do not have DRM (Digital Rights Management) and can be played an unlimited number of times. Once you cancel your membership or your membership expires, you can still watch all the movies you have downloaded. The movies do not require an Internet connections to be viewed once downloaded to your computer. You can transfer the movies to an unlimited number of computers or devices that you own.
4. Membership pricing & terms
4.1 You are responsible for paying the periodic subscription fees according to the then-current billing terms. Charges are in USD or in your local currency (where available). Membership options and the terms of billing are clearly noted on the page where you enter your credit card or payment information.
A special offer of a limited three (3) day trial preview membership with limited access for two ninety-five (2.95), in your local currency for European & US customers, which will automatically renew to a monthly price of twenty nine ninety five (29.95), in your local currency for European & US customers, unless cancelled before the end of the trial period. The monthly membership (29.95), in your local currency for European & US customers, will renew, for your convenience, every 30 days, unless cancellation notice is received prior to renewal.
We may offer a free, no charge, trial for 7 days to preview the members area with limited access. There are no automatic recurring charges with the no obligation free trial. No cancelation of the trial is necessary. You may at any time during the 7 days chose to manually instantly upgrade your membership to a monthly full access membership for 29.95 in your local currency for European & US customers. The monthly membership will automatically renew every 30 days unless cancelled prior to renewal.
Regular monthly memberships are twenty-nine ninety-five (29.95) in your local currency for European & US customers, and will automatically renew every 30 days unless cancelled prior to renewal.
Three month memberships cost sixty nine ninety five (69.95) in your local currency for European & US customers, and will automatically renew every 90 days unless cancelled prior to renewal.
Six month membership cost ninty nine ninty five (99.95) in your local currency for European & US customers, that will have no recurring charges and is valid for 183 days.
No cancellation is necessary.
We may from time to time offer a special yearly membership that costs ninty five eighty eight (95.88) in your local currency for European & US customers, that will have no recurring charges and is valid for 365 days.
No cancellation is necessary.
We may from time to time offer special discounts to monthly, three month, six month and yearly memberships.
The terms of the discounts are available at the time of the offer.
4.2 The maximum Term of this agreement is 120 months. Unless and until this agreement is cancelled in accordance with the terms hereof, you authorize the company to charge your credit card to pay for the ongoing cost of membership.
You hereby further authorize the company to charge your credit card for any and all purchases of products, services and entertainment provided by the site. You are only allowed to have one membership per website at a time.
Cancellation requests should be done BEFORE THE END OF THE BILLING TERM through the billing support site at: http://support.perfectgonzo.com or on the self-service website of the billing company.
5. Debiting time of the cardholder
5.1 You will be debited instantaneously at the time of purchasing the membership. Charges are in USD or in your local currency (where available). You may request a copy of the account of charges made for the use of the website. You forego this right if such request is not made. Requests must be made directly to the billing support site at http://support.perfectgonzo.com
6. On time execution of orders
6.1 All orders are filled immediately and instant access is given to the website.
7. On time reaction to subscribers' questions
7.1 The website will do all in its power to answer questions and inquires within 24 hours.
You may contact the website with NON BILLING RELATED QUESTIONS by submitting a ticket at http://support.perfectgonzo.com
8. Accurate information on file
8.1 If the address or any other information pertaining to your credit card is changed for any reason, including changes in the home or billing address, changes in the card expiration date, or if your credit card is lost or stolen, you must immediately inform the website via e-mail. Your failure to do so is a material breach of this Agreement, and, in the event of your failure to notify the website, the company disclaims any and all responsibility for charges posted to a lost or stolen credit card.
9. Cancellation of Membership
9.1 At any time, and without cause, subscription to the Service may be terminated at by the company, the website, or the subscriber upon notification by electronic mail, or by telephone. When you request the termination, further charges for that particular subscription are cancelled. Access will remain for the period paid, regardless of when you cancelled your membership. You are liable for charges incurred by yourself until termination of service. Cancellation requests should be done BEFORE THE END OF THE BILLING TERM through the billing support site at: http://support.perfectgonzo.com
10.1 Should a refund be issued, all refunds will be credited to the credit card, debit card, or checking account used in the original transaction solely. Refunds will not be issued by cash, check, or to another credit card. Please allow 3 to 5 business days for the refund to appear on the account.
11.1 If you request a cancellation or a refund from your bank or card issuer due to unauthorized or fraudulent use, the company can at its discretion prevent further unauthorized use, by blocking your account and card from use at all websites. The occurrence of a changeback will result in immediate termination of this agreement. The company will purse chargebacks perceived as friendly fraud to the full extent of the law. You are liable for payment, as well as processing and legal fees if you claim a charge you made was not made by you.
12. Fraud warning
12.1 Payment for the services provided to you at and/or through the website may be made by automatic credit card or debit card debit and you hereby authorize the company 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 the website, or as unauthorized any charge by the website, for any goods or services, including subscription, for which you do not have good reason to believe is, in fact, lost, stolen or unauthorized. You hereby agree that any such fraudulent reporting of a lost or stolen credit card used to obtain goods or services from the website, or any fraudulent reporting of an unauthorized charge to the website 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 the website remains outstanding at the time of such fraudulent reporting, you shall be liable to the company 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.
13. Transfer of memberships
13.1 Memberships are non-transferable. You may not release your username and password to any other person. Membership information is strictly confidential. If such unauthorized transfer occurs, the company reserves the right to immediately suspend or terminate this Agreement.
14. Content download license
14.1 After you have become a member to the website, you are hereby authorized a single license to download, copy, or print material found on the site. This license shall be granted for sole use via one computer. All memberships are provided for personal use and shall not be used for any commercial purposes or by any commercial entities. Commercial use of either the website or any material found within is strictly prohibited. No material within the site may be transferred to any other person or entity, whether commercial or non-commercial. In addition, materials may not be modified, or altered. Materials may not be displayed publicly, or used for any rental, sale, or display. Materials shall extend to copyright, trademarks, or other proprietary notices there from. The company and the website reserve the right to terminate this license at any time if the terms of this agreement are breached. In the case that the terms are breached, you will be required to immediately destroy any information or material printed, downloaded or otherwise copied from the site.
14.2 There are no download limits in terms of the amount of downloads for monthly and three month memberships. There are no download speed limitations. Movies do not have DRM (Digital Rights Management) and can be played an unlimited number of times. Once you cancel your membership or your membership expires, you can still watch all the movies you have downloaded. The movies do not require an Internet connections to be viewed once downloaded to your computer. You can transfer the movies to an unlimited number of computers or devices that you own.
15. Changes to website
15.1 The website reserves the right to alter or delete material from the site at any time without notification.
16.1 The website does not guarantee or warrant the compatibility of your equipment, computer or software, including but not limited to, the type of computer, computer configuration, browser software, other software, Internet account, TCP/IP, Winsock or online service. The website is not responsible for any interruption in service or inability to access the website due to technical difficulties or failure of the Internet, World Wide Web, phone lines, switching or any other causes beyond its control.
17. Advertising warning
17.1 The website does not screen or endorse advertisements or communications submitted to it by third-party licensees, advertisers, or visitors for electronic dissemination through the website. You are advised to use your own judgment to evaluate all advertisements and other communications available at or through the use of the website prior to purchasing goods and/or services described therein or otherwise responding to any communication at the website.
18.1 You agree to indemnify and hold harmless the company and the website from and against any claims, losses, liabilities, actions, suits or other expenses (including reasonable attorney's fees) arising out of a breach by you of any of your covenants, representations or warranties contained herein. You representations and warranties include:
- you are at least 18 years of age (or the legal age in your jurisdiction);
- you understand that the Service includes graphic depictions of sexually explicit materials and you freely and voluntarily choose to gain access to and view these materials;
- you have never informed law enforcement, the U.S. Postal Service or other governmental agency that you do not desire to obtain or receive sexually explicit materials;
- your personal and credit card information, provided to the company in connection with your trial and/or membership subscription is true and accurate in all respects and you will promptly notify the company of any changes in that information;
- you will not permit any other person or entity to have access to your password or ID and you will at no time authorize, permit or assist any other person, including but not limited to persons who are minors, access to the Service.
19. No warranties
19.1 THE SERVICE IS PROVIDED ON AN AS IS BASIS. THE COMPANY GRANTS NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OTHER THAN THOSE WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY, EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS PARAGRAPH. THE COMPANY IS NOT RESPONSIBLE TO YOU FOR ANY DELAY IN TRANSMISSION OF CONTENT OR WEBSITE DOWNTIME. You are responsible for having and maintaining the personal computer equipment and Internet access necessary to make use of the Service.
20.1 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 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.
21. Limitation of Liability
21.1 IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON FOR LOSS OF BUSINESS OR PROFITS OR FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE OR THE CONTENTS THEREOF, EVEN IF THE COMPANY WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY OTHER CLAIM BY YOU OR BY ANY OTHER PERSON. YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF A BREACH OF THIS AGREEMENT BY COMPANY IS A REFUND OF NO MORE THAN ONE MONTH'S MEMBERSHIP FEE. The company is not liable for damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any materials, data, advertisement or other communication at or through the website.
22.1 We recommend to print out all transaction data and the Terms of Service and Conditions of the Membership and to keep them at an easily accessible place.
23. Must agree
23.1 You acknowledge, represent and warrant that you have read these terms and conditions and agree to be bound by them as part of and in consideration of the membership.
QUESTIONS & CUSTOMER SERVICE
All communication in regards to the website, access, content, questions should be made through the customer service site - http://support.perfectgonzo.com -
THIS IS NOT AN EMAIL ADDRESS - you should use a web browser such as "Internet Explorer" to access this page and click CONTACT US!
Billing support and cancellation requests should be done through the billing support website: http://support.perfectgonzo.com
This Agreement is governed by the laws of Cyprus for contracts made and wholly performed in such country.
The Agreement shall be governed pursuant to the laws of the Cyprus.
If you have questions or comments please contact us.
This agreement had been updated on:
September 1, 2013