PLEASE NOTE: Virtual Access Internet BV (hereinafter "VirtualXS") is an Internet Payment Service Provider and does not accept any liability for any services, goods, content or any other products offered via the Site to You by a VirtualXS client. VirtualXS is not a publisher or editor of content and does not store client's content on its servers. These General Terms and Conditions shall apply to all Your authorisations for handling payment transactions by VirtualXS and to all (legal) acts between You and VirtualXS following an agreement regarding a transaction between You and the Merchant, also if such (legal) acts shall not lead to, or are not connected to, an agreement.

Before Your transaction can be completed, You must read and agree to these terms and conditions. By applying for access and or services from the Site, You are also agreeing to these terms and conditions, and are agreeing to be legally bound by them. These General Terms and Conditions can be subject to change by VirtualXS at any time. Changes are effective when posted on this Site without notice upon each Subscriber.

1. Definitions

When used with a capital in these General Terms and Conditions, the following definitions apply:

"Subscriber" shall mean: the end-user and/or consumer of the goods and/or services offered by the Merchant on the Site who has completed the registration form and who possesses a valid username and password (User-id) for access to the Site, if applicable.

"Site" shall mean: the website for which you are purchasing goods and/or services (including but not limited to memberships, downloadable content or tangible goods) from the Merchant.

"You(r)" shall mean the Subscriber.

"User-id" shall mean: the combination of a unique username and password that is used to access a site that is offering certain services, including but not limited to memberships or downloadable content. A user-id is a license to use a site for a period of time that is specified.

"Bookmarking" shall mean: the act of placing an URL into a temporary file on the Subscriber's browser so that the Subscriber may return to that page at a future date directly, without passing through any pages that may have proceeded.

"Merchant" shall mean: a company, partnership, sole proprietorship, joint venture or other form of organisation and any other legal entity or entity that owns or is the main operator of a website and as such is engaged in the distance selling of goods and/or services to consumers and has contracted with VirtualXS in order to utilize VirtualXS' automated financial transaction processing and ancillary related services (also known as "VXSBill") and has entered or shall enter into an agreement with the payment card transaction acquiring company providing payment services to such companies (merchants) regarding the processing of payment card transactions.

2. Services

The Merchant will provide one User-id to access the Site and its contents for which You are purchasing certain services, including but not limited to memberships or downloadable content. For the avoidance of doubt, if You are visiting a Site that is solely offering tangible goods which You would like to purchase, no User-id will be necessary. A membership is strictly personal and may not be transferred or assigned to any other person or entity. The goods, services and information provided by the Site are for private use only and not for commercial use. So-called web-TV is not supported. VirtualXS provides credit card billing and premium rate dial access allowing the Merchant to clear all international MasterCard and VISA credit cards and offers toll dial access against certain rates including those services to facilitate Your access to purchase goods and/or services of Merchant or through Merchant's Site.

3. Billing

"ETA-bill" will appear on Your credit card billing statement for all charges made. If multiple venues are joined utilizing any payment method, Your statement will list each individual purchase comprising the transaction. Financial transactions are processed through Virtual Access Internet BV, Uitgeest, the Netherlands (certified Payment Service Provider).

4. Payment and fee

Sites may have periodic subscription fees that are defined by the Merchant at the time of the initial enrolment for subscription. The Subscriber is responsible for payment of such fees according to the terms of the Merchant posted on the Site. Extra costs can be charged if the Subscriber purchases extra services via a separate agreement. The Subscriber pays the price mentioned on the payment page for the goods and/or services ordered via the Site. Payment can only take place in the manner indicated on the relevant payment pages or as stated elsewhere on the Site by the Merchant. Prices include VAT and other government taxes. The price mentioned on the payment page is binding.

5. Recurring billing

The Site may have a service of automatic recurring billing (if selected by the Subscriber on the sign up page). As determined by the Merchant, memberships and relevant subscription fees may be automatically renewed at the end of the original term selected, for a period of time described in the product definition, unless notice is received from the Subscriber 24 hours prior to renewal. In case of recurring memberships Subscriber must notify the Merchant 24 hours prior to the end of the membership offer period in order to cancel automatic renewal (if applicable). Unless and until the agreement between Subscriber and the Merchant is cancelled in accordance with the terms thereof, Subscriber hereby authorizes the Merchant to charge Subscriber's credit card to pay for the ongoing cost of membership. Subscriber hereby further authorizes the Merchant to charge Subscriber's credit card for any and all purchases of goods, services and entertainment provided by the Site.

6. Debiting time of the credit cardholder

In case of digital delivery of services like memberships and/or online downloadable content Subscribers will receive instantaneous servicing after using their credit card. The Subscriber may, at any time, request a copy of the account of charges made for their use of the Site. Subscriber foregoes this right if such request is not made. Requests must be made directly to the Merchant.

7. Cancellation

At any time, and without cause, subscription to the services and/or to the Site may be terminated by either the Merchant, the Site, or the Subscriber upon notification of the other by electronic or conventional mail, or by telephone or fax. When the Subscriber requests the termination, subscription fees are NOT refunded. Subscribers are liable for charges incurred by them until termination of service. If You request cancellation or request a refund from the Merchant, Your bank, card issuer, or phone company due to unauthorized or fraudulent use, the Merchant can at its discretion, to prevent further unauthorized use, block Your information from use at all of the Merchants' websites. This will not however prevent unauthorized use at non-Merchants' websites, and is not a substitution for You contacting Your appropriate channels to prevent further misuse. You are responsible for any charges imposed by Your credit card issuing bank for exceeding Your account limits or overdrawing Your account. Should a refund be issued by the Merchant, 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.

8. Bookmarking

Subscribers agree that at any time they will not bookmark any page to the Site that will allow the Subscriber to bypass the terms and conditions of the Site upon entering. If such a bookmark exists, said bookmark will constitute full agreement to said terms and conditions as well as to admission that Subscribers are of legal age of majority in their state, country or region.

9. Right of use

Subscribers to the Site are granted a restricted non-exclusive and non-transferable right of use of the Site i.e. to access the service or material located at this website under the suspensive condition of payment by the Subscriber of all amounts due which are stated on the Site or on the payment pages provided by VirtualXS. This restricted non-exclusive and non-transferable right of use shall be granted for sole use to one Subscriber using 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 Site 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.

10. Transfer of User-id

Access to the Site that offers You certain services, including but not limited to memberships or downloadable content, is through a combination of a username and a password (User-id). Subscribers may not under any circumstances release their User-id to any other person, and are required to keep their User-id strictly confidential. The Merchant will not release passwords for any reason, to anyone other than the Subscriber, except as may be specifically required by law or court order. Unauthorized access to the Site is a violation of law. Subscribers acknowledge that the owner or main operator of the Site may track through the use of special software each Subscriber's entry to the Site. If any breach of security, theft or loss of User-id, or unauthorized disclosure of User-id information occurs, Subscriber must immediately notify the Merchant or VirtualXS of said security breach. Subscriber will remain liable for unauthorized use of service until the Merchant or VirtualXS is notified of the security breach by e-mail or telephone.

11. Limitations of liability

VIRTUALXS WILL UTILIZE ITS BEST EFFORTS TO MAINTAIN ACCEPTABLE PERFORMANCE OF THE SERVICE, BUT VIRTUALXS MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. VirtualXS cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. VirtualXS will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted, received, or stored on its system. VirtualXS will not be liable to You or any third parties for any claims or damages which may be suffered by You or such third parties, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, unauthorized access to the Site as a result of hackers or password trading, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non-delivery, or service interruptions whether or not caused by VirtualXS' fault or negligence. VirtualXS will not be responsible for the Site not being accessible on the Internet due to circumstances not under VirtualXS' direct control such as individual Internet user's own equipment capabilities, limitations, other Internet service provider limitations and/or browser software limitations. VirtualXS may discontinue any service, or may require fulfillment of conditions VirtualXS may choose to impose as a prerequisite for continuing any service upon ten (10) days notice to You. However, VirtualXS may discontinue service immediately for fraud committed by You, illegal activity, or violations of its AUP and/or its other policies. In no event will VirtualXS be liable to You or any other entity for any special, consequential, or other damages, however caused, whether for breach of contract, negligence or otherwise, even if VirtualXS has been advised of the possibility of such damage.

12. Intellectual property

The intellectual property rights on all goods and/or services provided by the Merchant in the context of purchases made by the Subscriber on the Site will remain vested in the Merchant or the third party from whom the Merchant obtained the right to provide (a part of) these goods or services to the Subscriber. You agree that VirtualXS is an Internet Payment Service Provider and does not accept any liability for any services, goods, content or any other products offered via the Site to You by VirtualXS' Merchant. You further understand that VirtualXS may be required under Dutch law to have the Merchant remove any material that another party claims is infringing a third party's (intellectual property) rights or otherwise violating the law once VirtualXS has received, in its sole judgment, a proper notification thereof and said notification is correct without any reasonable doubt. You also acknowledge that if the Merchant does not comply with a request from VirtualXS to remove such material under the relevant law or for any other reason, VirtualXS may at its sole discretion remove the infringing material and/or block access to the Site and hold all funds until such time as VirtualXS is certain that the material is removed. VirtualXS may, at its sole discretion, determine who is an "infringer" and may terminate its agreement with the Merchant without notice to You if VirtualXS believes the Merchant to be a repeat infringer.

13. Privacy

Subscriber is expected to be aware of the Privacy Statement of VirtualXS and to approve with the processing of his personal data as described. When You register on the payment pages of the Site, order or make a reservation, or participate in a competition or inquiry on VirtualXS' website, You are asked to provide Your name, address, banking and payment information. VirtualXS uses this information for the following purposes:
- the rendering and billing of VirtualXS' services;
- dealing with Your order and providing information on its progress;
- supply of data to third parties, based on legal obligations.
VirtualXS uses these data to gain a better insight into its customers and in order to further develop its services and website and adapt it to Your personal preferences. Finally, VirtualXS records information (including the IP-address used) for the purpose of collecting and analysing user statistics and for the protection of its website. In order to provide the highest level of service to all VirtualXS' Merchants, data provided by Subscribers for purchasing goods and/or services of Merchant through the Site will be combined with data from all VirtualXS' Merchants. The combined database will be used for risk analysis of the Merchants' and all other Merchants' transactions. If, by virtue of its provision of services to the Merchant, VirtualXS has, obtains or can obtain access to transaction information concerning payments or card, name and address information of credit cardholders, VirtualXS will take all possible measures to protect this information against unauthorised access and use. Moreover, VirtualXS will take all possible measures to ensure the integrity and safe storage of this information. VirtualXS will use this information only for the purposes for which access to the information was obtained or can be obtained. In this respect, VirtualXS will strictly adhere to instructions and directives given by the payment card transaction acquiring company. VirtualXS shall ensure that all payment card transaction data are immediately transferred to the payment card transaction acquiring company.

14. Sanction and approval of adult material

The owner or main operator of this Site may be providing material or images intended for an age-restricted audience. Access to this Site is intended solely for people who are of legal age in the jurisdiction where this Site is being viewed and are at least 18 years of age in the US (21 in AL, MS, NE, and WY), who wish to access visual images, audio sounds, and verbal descriptions of a sexually oriented and frankly erotic nature. Materials available within this Site may include depictions that are visually graphic in nature and portrayals of nudity or sexual acts and should not be accessed by anyone who is not of legal age in the jurisdiction where this site is being viewed and are at least 18 years of age in the US (21 in AL, MS, NE, and WY), by anyone who finds such material offensive in nature, or by anyone who simply does not wish to be exposed to such materials. By purchasing a membership or User-id, You are implicitly making the following statements: "I affirm and swear that as of this moment, under penalty of perjury, I am of legal age in the jurisdiction where this site is being viewed and are at least 18 years of age in the US (21 in AL, MS, NE, and WY). I will not permit any persons who are not of legal age in the jurisdiction where this site is being viewed and are at least 18 years of age in the US (21 in AL, MS, NE, and WY) to view or access in any way any materials found on this website. I understand that by accessing this website, I will be exposed to materials that may include but are not limited to, visual images, audio sounds, and verbal descriptions of a sexually oriented and frankly erotic nature, portrayals of nudity, and sexual acts. I affirm that such materials do not offend me, and that such materials are legal in my community. I am volunteering to view, hear, and access such materials on my own volition, and I choose to do so because I want to view/read/hear or otherwise access such materials for my own enjoyment, information or entertainment. My choice is a manifestation of my interest in such matters, which is healthy and normal, and is also held by most adults in my area. I am completely familiar with the standards held in my community, and the material I expect to access in this site falls within these standards. In my experience, the average adult in my community accepts the consumption of such materials by willing adults in circumstances such as this, which offer reasonable insulation from the materials for minors, and unwilling adults. Adults in my community will accept the standards displayed within this site, and will not find any of the material patently offensive."

15. Supplementary terms and conditions

The Site may have additional terms and conditions that are an integral part of their offering to the Subscriber, and are in addition to these General Terms and Conditions. Such terms and conditions as listed at the Site will in no way invalidate any of the General Terms and Conditions listed here. All terms listed apply to VirtualXS, the Merchant and the Subscriber. By purchasing goods and/or services from the Merchant through the Site, You are implicitly making the following statements: "I understand that by having checked the acknowledgement of VirtualXS' General Terms and Conditions, I am affirming that I have read and understand the terms of this account and authorize the Merchant to bill my chosen payment method in accordance with the current terms and conditions."

16. Severability

Should any, in the reasonable opinion of VirtualXS' fundamental, provision in these General Terms and Conditions be invalid or unenforceable, VirtualXS has the right to annul the other contents of these terms, with due observance of the principle of reasonableness and fairness.

17. Applicable law

The laws of the Netherlands shall apply to these General Terms and Conditions. The regulation with regard to general terms and conditions in the Dutch Civil Code shall not apply to the relation with Subscribers, not being consumers, who are established or reside outside the Netherlands. The courts of Haarlem will have exclusive jurisdiction to adjudicate any disputes arising out of these General Terms and Conditions. The applicability of the Vienna Sales Convention (CISG) is explicitly excluded.

18. Notice

Notices by VirtualXS to Subscribers may be given by means of electronic messages through the Site, by a general posting on the Site, or by conventional mail. Notices by Subscribers may be given by electronic messages, conventional mail, telephone or fax unless otherwise specified in writing. All questions, complaints, or notices regarding the Site must be directed to the Merchant. All cancellations of service to a Site must also be directed to the Merchant.

19. Contact

All questions to VirtualXS regarding these terms and conditions must be directed to:

Virtual Access Internet B.V.
Anna van Renesseplein 8
1911 KN Uitgeest
The Netherlands
Email: info@vxsbill.com
Tel: +31 (0)251 - 362041
Fax: +31 (0)251 - 362021