TERMS OF SERVICE

FOR CONTENT AND SUBSCRIPTION SERVICES FOR FLASHFACE HOLDINGS LTD,
LATER REFERRED TO AS "BUDOGIRLS "


PART 3 CONSTITUTES SPECIFICALLY TERMS AND SERVICES FOR BUDOGIRLS STORE WWW.BUDOGIRLS-STORE.COM WHICH SELL PHYSICAL AS WELL AS DIGITAL GOODS AND SERVICES.

 


1. BUDOGIRLS CONTENT AND USER SUBMISSIONS

  1. The contents of the Budogirls Internet service ("the Service"), including all Sites, are intended for the personal, noncommercial use of its users. All materials published on the Sites (including, but not limited to articles, photographs, images, illustrations, product descriptions, audio clips and video clips (collectively, the "Content")) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by Flashface Holdings Ltd. or the party credited as the provider of such Content, software or other materials. You shall abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through the Service.


  2. The Service is protected by copyright as a collective work and/or compilation, pursuant to Cyprus, European and international copyright laws, international conventions and other copyright laws. Except as may otherwise be set forth in this Section 1 of these Terms of Service, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials, Sites or Service in whole or in part.


  3. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from the Rights and Permissions Department, or the copyright holder identified in the individual Content's proprietary rights notices. For the avoidance of doubt, including any Content (in whole or in part) on your personal website, when it is accessible to any other person, is not a personal use and is not permitted.



  4. You agree that any information, feedback, questions, comments and/or submissions to any of the Public Forums (as discussed below) or the like that you provide to us in connection with any Site or our Service ("Submissions") will be deemed to be provided to us on a non-confidential and non-proprietary basis and will become and remain our property. We shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. You also agree that we shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques. In addition, you hereby waive all moral rights you may have in any materials uploaded or sent to us by you.


  5. If you believe that the content of any Submission provided by you, or any Content appearing on a Site, has been used on a Site in a manner that constitutes copyright infringement, please provide our Copyright Agent with a written notice (email is sufficient) that includes the following information:

    • an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed
    • identification of the copyrighted work claimed to have been infringed
    • a description of where the material that you claim is infringing is located on the Site
    • your address, telephone number, and e-mail address
    • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
    • a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.


Our Copyright Agent for notice of claims of copyright infringement on this Site is:

 

Flashface Holdings Ltd.,
Office 204
Strovolos Center,
Strovolou Street 77,
2018 Nicosia,
Cyprus.


2. FORUMS AND DISCUSSIONS

  1. This Site makes available chat rooms, forums, message boards, and/or news groups to its users ("Public Forum(s)"). You shall not upload to, or distribute or otherwise publish through a Public Forum any content which is libelous, defamatory, obscene, pornographic, profane, sexually explicit, abusive or which otherwise violates any law, rule or regulation. Please use your best judgment and be respectful of other individuals using the Public Forums. You agree not to use vulgar, abusive or hateful language. Public Forums within the Site and the Services available therein are provided to give our users an interesting and stimulating forum in which they may express opinions and share ideas.  Budogirls does not endorse the opinions placed on these Public Forums. You acknowledge that any Submissions (e.g. Letter to the Editor, Review or Commentary) may be reproduced, published, transmitted and displayed by Budogirls in any manner, pursuant to Section 1.4, above.


  2. The Public Forums shall be used by you only in a noncommercial manner. You shall not, without the express approval of, Budogirls use the Public Forums to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services or to promote Web sites or online services that are competitive with Budogirls and the Service. You agree that you will not submit any ideas for stories, features, designs, scripts, merchandise or publication of any type.


  3. While we do not and cannot review every message posted by users in the Public Forums and are not responsible for the content of any of these messages, Budogirls reserves the right to delete, move or edit messages that we, in our sole discretion, deem are in violation of the law (including trademark and copyright law), or these Terms of Service, or are abusive, defamatory, obscene or otherwise unacceptable. You shall remain solely responsible for the content of your messages.

 

3. ADDITIONAL TERMS FOR WWW.BUDOGIRLS-STORE.com  

 

    1. By placing an order, you certify that you are able to pay for the item(s) in your order.
    2. By placing an order on the budogirls-store you agree to be bound by the conditions of sale included in the item's description (including, without limitation, payment method and acceptable ship-to address. If you place an order for an item on the Budogirls-store.com, you are certifying that you are at least 18 years old or the applicable age of majority in the jurisdiction in which you reside and have the legal right to purchase such item.
    3. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Budogirls-store and your purchase of items.
    4. You are responsible for the accuracy of any purchase placed.
    5. We may reject your order at our discretion and reserve the right to cancel any order or refuse service to anyone at any time. If we cancel your order after we have charged you for your order, we will refund your credit card the amount charged as soon as practical.
    6. Due to some country, state and county laws, we may not be able to ship certain merchandise to your address.
    7. We reserve the right to add and/or remove items on the Budogirls-store, for any reason, at any time.
    8. We reserve the right to limit quantities of items sold.
    9. You may not transfer or sell your User ID or account to another party.
    10. Unless otherwise stated, all prices are quoted in Euros.
    11. In addition to the shipping and handling charges we add at the time of checkout, you are solely responsible for any and all duties, taxes, tariffs and/or levies, which may be incurred in connection with the shipment of your ordered item(s), regardless of when such additional charges are assessed.
    12. We use our best efforts to ensure that the correct price is posted for each item in the Budogirls-store. If, however, an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item's correct price is higher than our stated price, we will, at our sole discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
    13. Products available from the Budogirls-store may be advertised on third party shopping websites. Budogirls-store is not responsible for any information on such shopping websites, or for any differences which may exist between information found on such third party sites and information on the Budogirls-store, including, but not limited to pricing information. In the event that a difference exists, information found on the Budogirls-store shall govern.
    14. All purchases from the Budogirls-store are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery of the items to the carrier.
    15. Attempts to stop payment on non-returnable items will be vigorously opposed by  Budogirls-store to the fullest extent of the law. In the event that any such action results in a judgment in our favor, we retain the right to recover, and you will be responsible for paying our reasonable attorneys' fees.
    16. Budogirls-store and its affiliates attempt to describe all of the products on the Budogirls-store as accurately as possible. However,  Budogirls-store does not warrant that product descriptions or other Content of this Site is accurate, complete, reliable, current or error-free. If a product offered on the Budogirls-store is not as described, your sole remedy is to return it in unused condition.
    17. You have changed your mind and wish to cancel the order and return the goods in their original unopened and undamaged packaging within 14 days of the date of our invoice. In this case, a handling charge / re-stocking fee of 30% will be applicable.  Shipping charges are not refundable.  Both the 30% and our original shipping charges will be deducted from your total refund. The responsibility for returning the goods to us is yours and any refund will not be given until the goods have been checked by us on receipt.
    18. If you believe your goods to be faulty and you wish to return them complete, undamaged and with their original packaging for a full refund this must be done within 14 days of the date of our invoice. The responsibility of returning the goods to us is yours.  A refund will not be given until the goods are confirmed to be faulty by budogirls staff or our partners.  Additionally, we will confirm that the goods are complete and in their original and undamaged packaging.  If the goods are not found to be faulty, all return delivery charges will be the responsibility of the customer. In all cases, we will do our utmost to complete the checks within 1 working day of receipt of the goods at our premises. We reserve the right to charge for the shipping charges incurred during the return of the goods to the customer.
    19. Where applicable, clothes must still have the original tags attached, and items such as CD's, DVD's, magazines, VHS tapes, cassette tapes and software must be unopened.
    20. Orders through proxy or anonymous servers are not allowed. All fake orders will be traced backed and dealt with accordingly.
    21. By viewing of the products offered at www.budogirls-store.com or by ordering any of them, you hereby guarantee to not hold budogirls-store, any of it’s employee’s, owners, partners or anyone acting on www.budogirls-store behalf’s liable for any invasion of privacy, violation of copyright or any damage whatsoever; you guarantee as well  to not start any legal process (civil or otherwise) against budogirls-store.com, any of it’s employee’s, owners, partners or anyone acting on www.budogirls-store behalf’s.
    22. You are not allowed to resell, reuse or republish any material bought or published  through www.budogirls-store.com. You are however allowed to keep personal copies on your own devices, but viewing are strictly limited to private areas; you are not allowed to show the material so that it get\´s accessible to the general public, such as in a theatre or on a bus or airplane.

 


4. ACCESS AND AVAILABILITY OF SERVICES AND LINKS

  1. The Sites may contain links to other related World Wide Web Internet sites, resources and sponsors of Budogirls. Selection of an ad banner or link will redirect you off of a Budogirls Site to a third party Web site. Interactions that occur between you and the third party are strictly between you and such third party and are not the responsibility of Budogirls. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Budogirls does not assume any liability or responsibility for the actions, product, availability or content of these outside resources. You should direct any concerns regarding any external link to the site administrator or Webmaster of the third party Web site.



5. REPRESENTATIONS AND WARRANTIES

  1. You represent, warrant and covenant (a) that no materials of any kind submitted by you or  Budogirls, in accordance with the terms and conditions of this Agreement, will (i) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; or (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and (b) that you are at least 18 years old or the applicable age of majority in your jurisdiction and possess the legal authority to enter into this Agreement, as well as contracts for the purchase of the goods offered on the www.budogirls.com and www.budogirls-store.com


  2. You hereby indemnify, defend and hold Budogirls and its officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Service or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys' fees. You shall cooperate as fully as reasonably required in the defense of any claim. Budogirls reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of  Budogirls without Budogirls prior written approval.


  3. Budogirls neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through the Sites or the Service by any user, information provider or any other person or entity. THE SITES, THE SERVICE AND ANY MATERIALS PROVIDED BY BUDOGIRLS OR THIRD PARTIES THROUGH ANY OF THE SITES AND THE SERVICES ARE PROVIDED "AS IS." BUDOGIRLS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH ANY OF THE SITES OR THE SERVICE.  BUDOGIRLS DOES NOT GUARANTEE THAT YOUR ACCESS TO OR USE OF ANY OF THE SITES OR THE SERVICES AVAILABLE THEREON WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE AND MAKES NO WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE.

 

You hereby acknowledge that the use of any Site and the Services available thereon is at your sole risk.

 

6. LIMITATION OF LIABILITY

  1. NEITHER  BUDOGIRLS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES OR THE SERVICE SHALL BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, ANY OF THE SITES, THE SERVICES THEREON, OR ANY OF THE MATERIALS PROVIDED BY BUDOGIRLS OR THIRD PARTIES THROUGH ANY OF THE SITES OR THE SERVICES THEREON, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF BUDOGIRLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the extent permissible under applicable law.


  2. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BUDOGIRLS AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).


7. SYSTEM INTEGRITY

  1. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of any Site or any transaction conducted on such Site. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose share your password with any third parties or use your password for any unauthorized service.


 

8. TERMINATION or

  1. Budogirls may, in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or part of any of the Sites or Service for any or no reason, including, without limitation, breach of these Terms of Service or the repeated infringement of copyrights owned by third parties.


  2. Budogirls including, without limitation, its authorized agents and employees may terminate your use of any of the Sites without notice in the event that you breach any obligation in these Terms of Service, including but not limited to, (i) restricting, inhibiting or disrupting any Budogirls or (ii) attempting to alter or improperly access any feature or function of any of the Sites. Your access may also be subject to termination if you post or transmit any illegal content; harass or threaten any user of any Site or any Budogirls employee; post content (including, but not limited to, the creation of a username) that is offensive or otherwise disruptive of Site activities; post unsolicited advertising; or improperly impersonate a Budogirls employee or other individual.

 

9. MISCELLANEOUS

  1. Budogirls does not refund payments made for access-codes or subscription services. The service is considered as used and delivered once this sale is processed.  Budogirls and its partners do not accept chargeback’s in any cases. First class anti fraud services is in place as well as address verification and high end encryption solutions to keep your credit card and personal information safe. If chargeback’s occur will we investigate heavily and check what computer was used while buying the service and what computer was used to download/access the multimedia material; we will also check with the bank that made the chargeback. Improper use of the chargeback instrument will be fought in court and if we win will we transfer our attorneys most reasonable costs over to you. Under section 9.4 can you read more carefully what steps are taken to fight chargebacks.


  2. These Terms of Service have been made in and shall be construed and enforced in accordance with Cyprus law without regard to any conflict of law provisions. Budogirls makes no representation that the Content on the Sites is appropriate for access outside of the republic of Cyprus. Those who choose to access the Sites from outside the republic of Cyprus do so on their own initiative and are responsible for compliance with local laws. You agree that any action to enforce this Agreement shall be brought in the courts of Cyprus.

    Official correspondence must be sent via postal mail to:
    Flashface Holdings Ltd.,
    Office 204
    Strovolos Center,
    Strovolou Street 77,
    2018 Nicosia,
    Cyprus.

  3. These Terms of Service, the Privacy Statement and any other terms referenced in this Agreement constitute the entire agreement between you and Budogirls with respect to your access and use of the Sites and Services and super cede all prior or contemporaneous agreements (whether oral, written or electronic) between you and Budogirls with respect to the Sites or Services. If any of the provisions of this Agreement are determined to be invalid or unenforceable, then each invalid or enforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties and the remaining provisions shall remain in full force and effect.  Budogirls may assign these Terms of Service (I) to any of its affiliates, (ii) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of Budogirls or (iii) in connection with the sale of any of the Sites or the business unit associated with the Sites.


  4. Our billing company has strict fraud prevention systems in place.
    We can sometimes intervene on your behalf with our billing company and they can sometimes intervene with the bank on your behalf. But the bank has the final say. Most of our surfers are honest and part of our scene, so this will not apply to almost anyone surfing this site, but it is always good for people to be aware of policies. Our billing company asks that you "please note that trying to deny a valid charge through your bank or credit card company is fraudulent and is illegal".    When we receive such disputes, this is our standard dispute policy: 1. If you try to dispute or deny a valid charge, your credit card or checking account along with your name and address will immediately be added to a negative database. The negative database is shared by thousands of merchants on the internet, both large and small, and you will not be able to purchase goods or services from said merchants in the future. 2. If you try to dispute or deny a valid charge, you will be sent an invoice for the disputed amount by regular postal mail. Copies will also be sent to your bank and credit card company. The invoice will include the following information: The name of the site you paid to access, your IP address when you signed up, the day and time of your signup, original charge amount plus a $25 fee for dispute processing. 3. If you do not pay the invoice within 30 days, a second invoice will be sent. The second invoice will include the following information: Access logs detailing when you accessed the site in question and what ISP you used to do so. Examples of any files and/or pictures and/or video captures of any information you downloaded from the site after gaining your username and password. An additional fee of $25 will be added to the earlier amount, adding to a grand total of $50 fee for dispute processing plus original charge amount. 4.If the second invoice is not paid within 30 days, your file will be forwarded to one of the 17 collection agencies that we work with on all five continents. To avoid any of the above, we encourage you to SUPPORT us first for any problems with your membership purchase. We have an excellent track record in resolving any problems to see that you are fully satisfied with your purchase." Our billing folks are really very nice. Their strictness keeps prices down for you.


  5. You may not share your password with others.
    If too many people log into your account with your password, our robot will shut off your username automatically. For technical reasons we don't really follow, our robot also shuts off any account attempting to surf with safeweb or related services. You will not be able to access the whole of this site using such a service.     If it appears that you were a victim of hacking or related activities, you will be given the opportunity of course to choose a new password. If it appears that you are responsible for abuse of your account, your username may be terminated without refund and your name, credit card information, and other identifying particulars may be placed in a negative database shared by thousands of web sites. This is to prevent people who are bad risks from making online purchases. Keeping people like that out keeps costs down and gets better service for the rest of us. Password sharing strains our server and makes downloads slower for everyone and it costs money which goes to website hosting rather than the creation of more art. The username/password combination used to log into the site must never be shared with anyone else. Systems are in place to detect fraud, and if it is determined that a member has been sharing their details, their subscription will be cancelled, they will forfeit any payments they have made, and will lose access to the member section with immediate effect.