TERMS AND CONDITIONS
These Terms and Conditions (the "Terms and Conditions") constitute a legal agreement between You and Epoch EU Limited ("Epoch"),
which is the Payment Facilitator for DitasFanCl ("Merchant"). By attempting to complete this purchase (the "Purchase"),
You hereby agree to these Terms and Conditions..
The details of the Purchase are as follows:
US$9.99 for a 1 month membership to www.ditasarchives.com recurring at US$9.99 every 1 month.
YOU WARRANT THE FOLLOWING:
A) YOU ARE OVER 18 YEARS OLD, CAPABLE OF LAWFULLY ENTERING INTO THESE TERMS AND CONDITIONS, AND YOU ARE AWARE THAT THE MERCHANT PROVIDES ACCESS TO DEPICTIONS OF NUDITY AND EXPLICIT SEXUAL CONTENT (THE "MATERIALS") VIA ITS WEBSITE(S) (THE "SITE");
B) IT IS LEGAL FOR YOU TO ACCESS THE SITE AND VIEW THE MATERIALS WHERE YOU ARE LOCATED; AND
C) ALL INFORMATION YOU PROVIDE TO EPOCH RELATED TO THIS PURCHASE IS TRUE AND CORRECT.
1. Description of Services
2. Stored Credentials: By making this purchase you agree that Epoch will store your payment information. You may be presented the opportunity to make additional purchases or access a service that requires further payment. If your identity has been validated, Epoch may use the stored payment information to enable you to make further purchases without re-entering your payment information.
3. Electronic Communications: Epoch may communicate with You regarding the Epoch Service by means of electronic communication, including: (1) sending electronic mail to the e-mail address provided by You when You placed the order through the Epoch Service, or (2) by posting notices or communications on its website. You agree that Epoch may communicate with You electronically about the following: these Terms and Conditions (and revisions or amendments thereof), notices or disclosures regarding the Epoch Service, payment authorizations, and any other matter relating to your use of the Epoch Service. Electronic communications shall be deemed received by You when Epoch sends the electronic communication to the e-mail address You provided when You placed the order through the Epoch Service or as revised by You thereafter in accordance with these Terms and Conditions, or when Epoch posts the electronic communication on its website.
4. Service Fees: Epoch does not charge You a fee to use the Epoch Service. The financial institution that issues your Approved Payment Instrument may charge a fee in connection with the debiting or charging of the Approved Payment Instrument. You should review the terms and conditions governing your Approved Payment Instrument for more information about any such fees. Please note that the price You are charged may be calculated based on a currency conversion/exchange rate, which could cause the cost of subsequent charges to fluctuate compared to today's charge.
5. Responsibility for Taxes: The reporting and payment of any applicable taxes arising from the use of the Epoch Service is your responsibility. You hereby agree to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with payment transactions.
6. Endorsement: Epoch does not represent or endorse, and shall not be responsible for safety, quality, accuracy, reliability, integrity or legality of any goods and services offered by the Merchant, the truth or accuracy of any descriptions, or any advice, opinion, statement, data or other information (collectively "Content") displayed or distributed, purchased or paid through the Epoch Service. Epoch hereby disclaims any liability or responsibility for errors or omissions in any Materials or in the Epoch Service.
7. Disclaimer of Warranties by Epoch: THE EPOCH SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE EPOCH SERVICE, IS PROVIDED "AS IS", WITHOUT ANY WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, LEGAL, STATUTORY, CONTRACTUAL, EXTRA-CONTRACTUAL, OR IN TORT, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATIONS WITH ONE ANOTHER, OR AS RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS OR IN CONFORMITY WITH USAGE, EQUITY OR LAW, OR OTHERWISE, AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, EPOCH, AND ITS PARENT, SUBSIDIARIES AND OTHER AFFILIATES, AND ITS AND THEIR AGENTS, CO-BRANDERS OR OTHER PARTNERS (COLLECTIVELY, "EPOCH PARTIES"), MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR THE EPOCH SERVICE OR THE CONTENT, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE EPOCH SERVICE, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE EPOCH SERVICE. EACH EPOCH PARTY DISCLAIMS WITHOUT LIMITATION, ANY WARRANTY AND CONDITION OF ANY KIND WITH RESPECT TO THE EPOCH SERVICE, NONINFRINGEMENT, TITLE AND OWNERSHIP, QUALITY, WORKMANSHIP, CONFORMITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR OR GENERAL PURPOSE. THE EPOCH PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE EPOCH SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. THE EPOCH PARTIES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS OR THE EPOCH SERVICE.
8. Indemnity: You agree to indemnify, defend and hold harmless Epoch, and its parent, subsidiaries and other affiliates, and its and their directors, officers, owners, members, managers, agents, co-branders or other partners, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties (collectively "Indemnified Parties") from and against any and all claims, demands, causes of action, debt or liability, including without limitation legal fees and costs incurred by the Indemnified Parties arising out of, related to, or which may arise from: (i) your use of the Epoch Service; (ii) any breach or non-compliance by You of any term of these Terms and Conditions or any of Epoch's policies; (iii) any dispute or litigation caused by your actions or omissions; or (iv) your negligence or violation or alleged violation of any law or rights of a third party.
9. Limitation of Liability: IN NO EVENT SHALL ANY EPOCH PARTY BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY, DAMAGES OR LOSSES, OR FOR ANY DAMAGES OR LOSSES FOR OR IN RELATION TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY EPOCH SERVICE, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR BY WAY OF THE EPOCH SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF EPOCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL THE EPOCH'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE PAYMENT EPOCH HAS ACTUALLY RECEIVED AND RETAINED FROM YOUR VALID PAYMENT TRANSACTIONS DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. Each party acknowledges that the other party has entered into these Terms and Conditions relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. In addition to and without limiting any of the foregoing, no Epoch Party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.
10. Merchant's Separate Terms and Conditions: You and the Merchant may agree to separate terms and conditions that are an integral part of the Merchant's offering to You ("Merchant's Terms and Conditions"). In the case that there is a conflict between these Terms and Conditions and the Merchant's Terms and Conditions, you agree that these Terms and Conditions supersede any contrary terms in the Merchant's Terms and Conditions.
11. Agreement to Arbitrate:
1.1. Epoch's Services: Epoch is a payment facilitator that facilitates the processing of transactions on behalf of the Merchant through the appropriate payment scheme or participating bank, as applicable (the "Epoch Service"). Epoch will provide payment processing services, billing support customer service and related services. Epoch does not own or control the Site, and it is not a publisher or editor of the Materials on the Site. You acknowledge and agree that your Purchase is between you and the Merchant, and Epoch is not a party to your Purchase of Merchant's goods or services.
1.3. Service Limitations
1.3.1. Epoch reserves the right to change, suspend and discontinue any aspect of the Epoch Service at any time, including hours of operation or availability of the Epoch Service or any Epoch Service feature, without notice and without liability. Epoch may decline to process any payment transaction without prior notice to You or Merchant.
1.3.2. Epoch may limit, suspend or terminate your use of the Epoch Service at any time and in its sole and absolute discretion. Suspension/termination will not affect your rights and obligations pursuant to these Terms and Conditions arising before or after such suspension/termination. Upon suspension/termination you remain liable for all payment transactions and for any other obligations you may have incurred.
1.4. Terminating Subscriptions: If You wish to terminate a subscription You must provide Epoch notice through one of the methods it makes available for billing support on its website, https://epoch.com. You remain liable for all payment transactions and any other obligations you may have incurred before the subscription was terminated.
1.5. Refunds: If You believe your Approved Payment Instrument has been used without your authorization, You may contact Epoch via any of the methods it makes available for billing support on its website, https://epoch.com. Epoch issues refunds on a case-by-case basis pursuant to its determination of the best course of action in each case.
12. One Year Limitations Period. You agree that any claim against Epoch must be brought within one year of the date on which you first become aware, or reasonably should have become aware, of facts giving rise to such claim. You agree that this one-year limitations period is reasonable and that if you fail to provide notice of intent to initiate an informal dispute resolution conference within such time, your claim will be forever barred and may not be pursued against Epoch, either in arbitration or in a court.
13. Governing Law
You agree that any and all claims arising from or relating to these Terms and Conditions and/or any service provided by Epoch to You shall be subject to binding arbitration under the Federal Arbitration Act ("FAA"). This includes claims based on contract, tort, equity, statute, or otherwise, as well as claims regarding the scope and enforceability of this provision. It includes all claims by or against You, Epoch, the Epoch Parties, and others providing or receiving any product or service related to these Terms and Conditions.
A single Arbitrator shall decide all claims and shall render a final, written decision. The arbitration shall be administered by JAMS or some similar arbitration service provider agreed to by the parties. Consistent with the FAA, the appropriate JAMS rules shall apply, as determined by the arbitrator. The JAMS rules and forms are available online at www.jamsadr.com.
Each party to the arbitration shall pay his, her, or its own costs of arbitration. If you cannot afford your arbitration costs, you may apply for a waiver under the relevant rules.
EXCEPT AS EXPRESSLY AGREED TO IN THIS AGREEMENT, YOU AND EPOCH AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS AGREEMENT ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS EXCEPT AS SET FORTH IN THIS AGREEMENT. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER EXCEPT AS SET FORTH IN THIS AGREEMENT. Subject to Epoch's consent, this provision does not prevent you from participating in a class-wide settlement of claims against Epoch.
YOU AND EPOCH WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and Epoch are instead electing to have claims and disputes resolved by arbitration. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
The arbitration provision may be severed or modified if necessary to render it enforceable.
14. Notice: All questions, complaints, or notices may be sent to Epoch via any of the methods it makes available for billing support on its website, https://epoch.com.
15. Modification of Terms and Conditions: Epoch has the right, in its sole and absolute discretion, to change, modify, or amend any portion of these Terms and Conditions at any time by posting notification on its website or otherwise communicating the notification to You. The changes, modifications or amendments will become effective, and shall be deemed accepted by You, after the initial posting and shall apply on a going-forward basis with respect to payment transactions initiated after the posting date. In the event that You do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Epoch Service.
16. Entire Agreement and Severability: These Terms and Conditions, including any of Epoch's policies governing the Epoch Service referenced herein, constitute the entire agreement between Epoch and You with respect to your use of the Epoch Service. These Terms and Conditions supersede all prior written and oral understandings, writings, and representations. If any provision of these Terms and Conditions 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 these Terms and Conditions 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.
17. Miscellaneous: The failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect and remain enforceable between the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. These Terms and Conditions are not intended and shall not be construed to create any rights or remedies in any parties other than You and Epoch, and other Epoch affiliates which each shall be a third party beneficiary of these Terms and Conditions, and no other person shall assert any rights as a third party beneficiary hereunder. Unless otherwise explicitly stated, the provisions of these Terms and Conditions shall survive the termination of your use of the Epoch Service.
YOU HEREBY AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS BY ATTEMPTING TO COMPLETE THE PURCHASE AND BY AUTHORIZING THE USE OF YOUR APPROVED PAYMENT INSTRUMENT FOR PAYMENT OF CHARGES FOR YOUR PURCHASE.
Copyright 2023 - Epoch - All Rights Reserved.
13.1. To the maximum extent permitted by applicable law, the parties specifically exclude from application to the Terms and Conditions the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act.
13.2. The terms and procedure of the arbitration are governed by the Federal Arbitration Act, as indicated in Section 11.
13.3. For the Purchase, the laws of Guernsey and applicable federal United States laws shall govern these Terms and Conditions.
13.4. If you agree to the Additional Purchase, the laws of California and applicable federal United States laws shall govern these Terms and Conditions.