Welcome to Tropical Productions |
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| Please enjoy our Studios. You must read the Site Agreement before entering. | |
Tropical Productions 8101-05 Frankford Ave Philadelphia, PA 19136 US | |
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TERMS AND CONDITIONS The following Terms and Conditions govern your use and access to this site. IMPORTANT! The Terms and conditions below are subject to change. If you do not agree to be bound by these Terms and Conditions, you may not enter the Site, you must exit the Site immediately and you may not use or access the Site or print or download any materials. By accessing, using, printing, installing, or downloading any material, you agree to be bound by these Terms and Conditions. Your use of this Site after such changes are implemented constitutes your acknowledgement and acceptance of the changes. You may use and access the Site only in accordance with these Terms and Conditions. Please consult these Terms and Conditions regularly and read them carefully before using the Site. You affirm that you have read this Agreement and understand, agree and consent to its Terms and Conditions
No Child Pornography We take a strong and definite stand against child pornography and only publish images of consenting adults for consenting adults. You understand that all models appearing on the Site are, and were at the time of all recorded images, at least 18 years of age, and that the Site contains no child pornography. If you see any images, real or simulated, depicting minors engaged in sexual activity within the Site, please report this to us. Include with your report any appropriate evidence, including the date and time. All reports will immediately be investigated and the appropriate action will be taken. We enthusiastically cooperate with any law-enforcement agency investigating child pornography. Minors
Our company's services are directed to adults who possess validated credit card information, and are not marketed to individuals under the age of Eighteen(18)(21-years old where 18 is not the age of majority). Certain portions of Website, which may contain content considered offensive to some, are inaccessible to individuals under the age of Eighteen(18)(21-years old where 18 is not the age of majority)., as advocated by the Communications Decency Act. For those portions that may be accessible to individuals under the age of Eighteen(18), such as the Website home page and other areas presenting non-offensive content, the Website has no intention of collecting any personally identifiable information (that is, name, address, telephone number, or email address) from individuals under Eighteen(18) years of age(21-years old where 18 is not the age of majority). PERSONS UNDER THE AGE OF EIGHTEEN (18) & or (21) SHOULD NOT SUBMIT INFORMATION TO THE WEBSITE. If a minor has provided us with personally-identifiable information, a parent or guardian of that minor should contact us immediately. Site Access To access the Site or some of the resources, you may be asked to provide certain details or other information. It is a condition of your use of this Site that all information you provide will be correct, current, and complete. If we believe the information you provide is not correct, current, or complete, we have the right to refuse you access to or any of its resources, and to terminate or suspend your access at any time. All Materials on the Site shall be for private use only, and all other uses are strictly prohibited. You agree to prevent any unauthorized copying of any part of the Site, or any of the Materials contained therein. Any unauthorized use of the Site or any of the Materials contained therein terminates this limited license effective immediately. This is a license to use and access a Site for its intended purpose and is not a transfer of title. Violators of this limited license may be prosecuted to the fullest extent under law.
Restrictions on Site Use You may use the Site for purposes expressly permitted by the Site. You may not use the Site for any other purpose, including any commercial purpose, without express prior written consent. Without the express prior written authorization, you may not: (a) duplicate a Site or any of the Materials contained therein; (b) create derivative works based on a Site or any of the Materials contained therein; (c) use the Site or any of the Materials contained therein for any commercial purpose, or for any public display, public performance, sale or rental; (d) distribute the Site or any of the Materials contained therein; (e) remove any copyright or other proprietary notices from the Site or any of the Materials contained therein; (f) frame or utilize any framing techniques in connection with the Site or any of the Materials contained therein; (g) use any meta-tags or any other “hidden text” using the site’s marks; (h) “deep-link” to any page of any of the Site (including the homepage); (i) circumvent any encryption or other security tools used anywhere on the Site (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of any of the Site; (j) use any data mining, robots or similar data gathering and extraction tools on the Site; (k) decompile, reverse engineer, modify or disassemble any of the software aspect of the Materials except and only to the extent permitted by applicable law; (l) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the Materials or any of your rights to access and use the Materials. You agree to cooperate with us in causing any unauthorized use to cease immediately. At any time, if the Site provides a service enabling users to share information or communicate with other users, you hereby agree not to publish, disseminate or submit any defamatory, offensive or illegal material while using the Site or other services included on the Site. You are solely responsible for submitting any material that violates any United States or International laws even if a claim arises after your service is terminated, and, by doing so, your actions shall constitute a material breach of this Agreement and the Site shall terminate all your rights under this Agreement. If users are allowed to share information and communicate with other users, you agree that all materials you submit will be accessible to other users and will not be secure or private. You hereby agree that you have been noticed that all communications submitted to the Site can be accessed by agents, operators, and other users, regardless if they are the intended recipients of the messages.
Fees You agree to pay all fees according to the billing terms. The site posts the current fees. We reserve the right to contract with a third party to process all payment. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You are responsible for reimbursing us for all credit card charge backs, dishonored checks and any related charges. You hereby agree not to falsely report the credit card or check card lost or stolen, without good reason that it is lost or stolen, that you have used for payment of goods or services, including subscriptions. Such fraudulent reporting to avoid payment for goods or services that you or anyone under your authority has made to the Site when you have an outstanding charge to the Site shall make you liable for $50,000 in liquidated damages. This liability for liquidated damages is in addition to any other liability you may incur for breaches of any other Terms and Conditions in this Agreement.
Billing Errors If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer.
Refund Policy
The site is the hosting engine for our studio members to display their content. Due to the nature of how downloads are processed, we uphold a no refund policy. The customer is responsible for ensuring their order is correct before purchasing the media or content from one of our "Studio Members". Prior to submitting for processing and billing, please ensure that you do not order the same clips twice. Please report any billing errors. Resolution of and billing errors will be handled immediately Friendly fraud and abuse by disputing the transaction with the issuing bank will result in immediate disqualification from future sales and you will be banned from ordering from our store. We take fraud very seriously and will actively report cases of fraud to the local authorities for further prosecution. Videos that are purchased from this site cannot be swapped or traded. Exchanges will only be given if a video is faulty or damaged upon receipt. All Videos must be exchanged within 15 days. Warranty You expressly agree that use of the Site or any of the materials contained therein at your own and sole risk. The Site and all materials contained therein are provided “AS IS” without warranty of any kind, either express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. The Site makes no representations or warranties that the Site or any materials contained therein will be uninterrupted, timely, secure, or error free; nor does the Site make any representations or warranties as to the quality, suitability, truth, accuracy or completeness of the Site or any of the materials contained therein. You also understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Site or any of the materials contained therein is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. You understand that the site cannot and does not guarantee or warrant that files available for downloading from the internet will be free of viruses, worms, trojan horses or other code that may manifest contaminating or destructive properties. The site does not assume any responsibility or risk for your use of the internet. The Site makes no warranty regarding any goods or services purchased or obtained through the Site or any transaction entered into through the Site and is not responsible for any use of confidential or private information by sellers or third parties. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
Liability Limitation In no event shall the site (or its licensors, agents, suppliers, resellers, service providers, or any other subscribers or suppliers) be liable to you, or any other third party for any direct, special, indirect, incidental, consequential, exemplary, or punitive damages, including without limitation, damages for loss of profits, revenue, or goodwill, which may arise from any person’s use, misuse, or inability to use the Site or any of the materials contained therein, even if the Site has been advised of the probability of such damages. This is for any matter arising out of or relating to this agreement, whether such liability is asserted on the basis of contract, tort or otherwise, even if the Site has been advised of the possibility of such damages. In no event shall the Site’s maximum total aggregate liability hereunder for direct damages exceed the total fees actually paid by you for use of the Site for a period of no more than (1) month from the accrual of the applicable cause or causes of action. Because some jurisdictions prohibit the exclusion or limitation of Liability for consequential or incidental damages, the above limitation may not apply to you. Indemnity You agree to defend, indemnify, and hold harmless the Site, its officers, directors, shareholders, employees, independent contractors and agents, from and against any and all claims, actions, liabilities, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or you under another person’s authority including without limitation to use, misuse, or inability to use the Site or any of the Materials contained therein, or your breach of any of these Terms and Conditions. The Site shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. The site may participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but is not obligated to do so. Links Some web sites which are linked to the Site are owned and operated by third parties. Because the Site has no control over such sites and resources, you acknowledge and agree that the Site is not responsible for the availability of such external sites or resources, and does not screen or endorse them, and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Site shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any such site or resource. If you decide to access any such third party sites, you do so entirely at your own risk and subject to any terms and conditions and privacy policies posted therein. Notice of Claimed Infringement The Site respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Site’s Copyright Agent the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on a Site; (d) your address, telephone number, and email address;
(e) 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; and (f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. . Notice and Takedown Procedures The Site reserves the right at any time to implement a “notice and takedown” procedure upon receipt of any notification of claimed infringement. The Site reserves the right at any time to disable access to, or remove any material or activity accessible on or from any Site or any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent. Export Control You understand and acknowledge that the software elements of the Materials on the Site may be subject to regulation by agencies of the U.S. Government, including the U.S. Department of Commerce, which prohibits export or diversion of software to certain countries and third parties. Diversion of such Materials contrary to U.S. law is prohibited. You will not assist or participate in any such diversion or other violation of applicable U.S. laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable U.S. laws and regulations and that you will abide by such laws and regulations. You agree that none of the Materials is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.
Force Majeure The Site shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, including Y2K errors or omissions, for so long as such event continues to delay the Site’s performance.
General Provisions Governing Law These Terms and Conditions and all matters arising out of or otherwise relating to these Terms and Conditions shall be governed by the laws of the United States, excluding its conflict of law provisions. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms and Conditions. The parties hereby submit to the personal jurisdiction of the state and federal courts of the United States. Exclusive venue for any litigation or arbitration permitted under this Agreement shall be with the state and federal courts located in Seminole County, Florida and Philadelphia, Pennsylvania. Rights to Injunctive Relief Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
Binding Arbitration If there is a dispute between the parties arising out of or otherwise relating to these Terms and Conditions, the parties shall meet and negotiate in good faith to attempt to resolve the dispute. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims under applicable worker’s compensation law and unemployment insurance claims. If the parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either party may submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in Seminole County, Florida and Philadelphia, Pennsylvania, and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce. The party bringing the action shall be responsible for paying all costs for arbitration, including the arbitrator’s fees. Each party shall bear its own attorneys’ fees (except if the matter is for the collection of a debt owed in which case the prevailing party shall be awarded its attorneys fees, all arbitration costs and the arbitrator fees (if applicable), in addition to all other applicable remedies). The arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of these Terms and Conditions; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. This Section shall not apply to any breach (or any allegation which if true would constitute a breach) of any matter relating to intellectual property. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
Assignment The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be. Neither these Terms and Conditions nor any rights granted hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you. Severability If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
Attorney’s Fees In the event of any litigation arising out of this agreement, the prevailing party shall be entitled to attorney’s fees, including attorney’s fees incurred on appeal.
No Waiver No waiver shall be deemed a waiver of any subsequent default of the same provision of these Terms and Conditions. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms and Conditions. Complete Agreement These Terms and Conditions constitute the entire agreement between the parties with respect to your access and use of any of the Site and the Materials contained therein, and your membership with the Site, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (except, to the extent applicable, any Download Agreement or similar contract governing the parties’ rights and responsibilities in connection with any specific Materials downloadable from a Site). No amendment to or modification of these Terms and Conditions will be binding unless in writing and signed by a duly authorized representative of both parties.
Modifications The site reserves the right to change any of the provisions posted herein and you agree to review these Terms and Conditions each time you visit a Site. Your continued use of a Site following posting of any changes to these Terms and Conditions constitutes your acceptance to such changes. The Site does not and will not assume any obligation to provide you with notice of any change to these Terms and Conditions. Unless accepted in writing, these Terms and Conditions may not be amended by you. Other Jurisdictions The Site makes no representation that the Site or any of the Materials contained therein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access the Site from such locations do so on their own initiative and are solely responsible for compliance with all applicable local laws.
Privacy policy This
Site has created this privacy policy ("Policy") in order to
demonstrate our company's commitment to privacy. The following
discloses our information gathering and disseminating practices. This
Policy also instructs you on what procedures to take if you do not
want to receive communications from us other than those required for
account maintenance. We
use your IP address to help diagnose problems with our servers, and
to administer the Website. Your IP address is used to help identify
you and to gather broad demographic information. Our site may require
Members & Studios to give us contact information (such as email
addresses and phone numbers), financial information (this includes
account or credit card numbers), and demographic information (this
includes zip code, age and income level). We use contact information
to send the user information needed to maintain their studio & or
membership account, to contact them when necessary, and to notify
them of news about our company. We also use customer contact
information to send the user promotional material from some of our
partners. Users may opt-out of receiving future mailings (other than
those required for account administration); see the opt-out section
below. The financial information collected is used to check the
users' qualifications and to bill the user for services ordered.
Demographic and profile data is also collected at our site. We may
use this data to tailor our visitor's experience at our site, showing
them content that we think they might be interested in, and
displaying the content according to their preferences. This
information is shared with advertisers on an aggregate basis only.
From time to time, our site may request additional information from
users via promotional programs or special offers. Participation in
these offers is completely voluntary and the user therefore has a
choice whether or not to disclose this information. Information
requested may include contact information such as phone numbers and
address. This information may be used to award gifts and promotional
products.
We
use cookies to save your preferences so you do not have to re-enter
them each time you visit our site. When you visit our site, we also
gather information that does not identify individual users. Cookies
are used to track your IP address only for the purposes of tracking
unique user sessions, to help diagnose problems with our server, and
to administer our Web site. We use aggregate information along with
other data to make improvements and update to our site for our
visitors. We may provide aggregate statistics about our customers,
sales, traffic patterns, and related site information to reputable
third-party vendors. However, these statistics will not include
personal identifying information. Account information may be released
when we believe, in good faith, that such release is reasonably
necessary to: (1) comply with applicable law, regulation or subpoena;
(2) enforce or apply the terms of any of our user agreements; or (3)
protect the rights, property or safety of our users and/or any third
parties. The
Website does not rent, sell, or share personal information about you
with any third party, except to the financial institution that
processes your transaction or where required by law. If our company
goes through a business transition, such as a merger, being acquired
by another company, or selling a portion of its assets, members
personal information will, in most instances, be part of the assets
transferred. If as a result of the business transition, the members
personally identifiable information will be used in a manner
different from that stated at the time of collection members will be
given choice consistent with our Changes to our Privacy Policy
section below.
This
site contains links to other sites. Please note that the Website is
not responsible for the privacy practices or the content of other
sites. In some cases, information may be collected about you that is
not personally identifiable by third-party advertising companies and
service providers ("third parties"). Examples of this type
of information include the type of Internet browser you are using,
the type of computer operating system you are using, and the domain
name of the site from which you linked to our site. Internet
advertising networks such as some of the third parties used on this
site are currently the focus of regulatory and legislative scrutiny
concerning the breadth and ultimate use of information collected from
sites like the Website. When you navigate through the Website, these
third parties may set cookies during your viewing of certain pages.
The Website utilizes the data that third parties have collected in
this fashion to determine how far you have progressed into the
Website. Third parties are not entitled to use collected data other
than for general reporting of aggregate information. Should
regulations and laws evolve which impose limitations and restrictions
on the Website's collection and use of such data (beyond the
limitations Website already imposes upon itself, as these are set
forth in this Policy), of course the Website will abide by such laws
and/or regulations. The
Website reserves the right, but has no obligation, to monitor all
services offered. This includes but is not limited to the materials
posted in the public areas of the Website as well as the contents of
communications transmitted while engaging in voice and text chat,
email, or voicemail. The Website shall have the right to remove any
material that violates, or is alleged to violate, any law or
regulation, the User Agreement, or this Policy. The Website shall
have the right to disclose information transmitted while using its
services for any reason if the Website believes that it is reasonable
to do so, including to: satisfy laws, regulations, or governmental or
legal requests; operate the service properly; or protect itself
and/or users.
Our
site provides users the opportunity to opt-out of receiving
communications from us (other than email required for account
maintenance). If you have established an studio or a membership you
may edit your account information to selectively opt to not receive
news and/or promotions. Users may change their option for receiving
news and/or promotions in the following ways:
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