As used herein, customer/subscriber shall be referred to as "Subscriber" or "you" and FOCUSARMY.COM as "FOCUSARMY.COM" or "we." This Agreement will take effect when a user ID and password is issued to Subscriber by FOCUSARMY.COM. Accordingly, all charges for the Service shall commence upon issuance of the user ID and password to Subscriber.
GENERAL SUMMARY - "THE RULES"
- This website contains adult-oriented material and is intended for adults of legal age. You agree that you are of legal age to view this material and are in compliance with your local laws and moral standards.
- The videos offered on this website are for non-commercial private consumption. You agree not to share your purchase(s) with anyone, attempt to resell it, nor upload it to any file or video sharing service or website.
- You agree not to share your username / password with anyone or post it anywhere.
- You agree not to engage in fraudulent activity or transactions (e.g. false chargeback claims).
- To preserve server resources and mitigate abuse & piracy, we may place limits on how many times you may download your purchased file(s) or how much data bandwidth you may stream within a given time period.
- You agree to store and backup your digital download purchase(s) after downloading, as we cannot grant file download access ad infinitum. Download access is provided for 365 days after the purchase date.
- Failure to abide by the rules may result in your login and site access being permanently revoked and banned.
COMPLIANCE WITH LAWS AND COMMUNITY STANDARDS
You agree that you are familiar with and understand the standards and laws of the community in which you live regarding sexually-oriented media and material. You represent that, based on your familiarity with these standards and laws of your community, by requesting and receiving any of the adult material on FOCUSARMY.COM, that you will not be violating any of these standards and/or laws. You understand that by accepting the terms of this Agreement, you will hold FOCUSARMY.COM harmless from and against any responsibilities related to your requesting, receiving, or possessing materials contained on its site.
AGREEMENT TO VIEW ADULT-ORIENTED MATERIALS
This website is designed and intended for ADULTS ONLY - people who are at least 18 years of age (or the legal age of majority in the jurisdiction in which you reside) - who are interested in and wish to have access to visual images, verbal descriptions, and audio sounds of a sexually-oriented, erotic nature. The materials which are available within this website may include graphic visual depictions and descriptions of nudity and sexual activity and should NOT be accessed by anyone who is younger than 18 years old (or the age of legal majority in the jurisdiction in which you reside) or to anyone who does not wish to be exposed to such materials.
By purchasing a Membership and/or Digital Downloads you are making and agreeing to the following statements:
(1) "Under penalty of perjury, I swear/affirm that as of this moment, I am an adult, at least 18 years of age (or the age of legal majority in the jurisdiction in which I reside)."
(2) "I swear/affirm that I will not permit any person(s) under 18 years of age (or the age of legal majority in the jurisdiction in which I reside) to have access to any of the materials contained within this site."
(3) "I understand that when I gain access to this website, I will be exposed to visual images, verbal descriptions, and audio sounds of a sexually-oriented, erotic nature, which may include graphic visual depictions and descriptions of nudity and sexual activity. I am voluntarily choosing to do so, because I want to view, read, and/or hear the various materials which are available for my own personal enjoyment, information, and/or education. My choice is a manifestation of my interest in sexual activity, which is both healthy and normal and, which, in my experience, is generally shared by average adults in my community. I am familiar with the standards in my community regarding the acceptance of such sexually-oriented materials, and the materials I expect to encounter are within those standards. In my judgment, 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, and will not find such materials to appeal to a prurient interest or to be patently offensive."
You agree that you will be billed a membership fee and/or a one-time digital download access fee in accordance with the designated schedule to gain access to this website for usage of the services, information, and products offered by the FOCUSARMY.COM website (the "Service" or "Services"). You understand your credit card will be automatically billed each month for the current membership fee until you request cancellation of your membership.
UNLESS YOU COMPLETE THE CANCELLATION PROCESS, YOU UNDERSTAND THAT YOUR MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY CREDIT CARD WE HAVE ON RECORD FOR YOU.
Our site supports payment by most major credit cards. Credit card payments are processed by CCBill.
RIGHT TO CHANGE PRICING, CONTENT, AND TERMS & CONDITIONS
You agree that at any time FOCUSARMY.COM has the right to change all pricing, website content, and these Terms & Conditions. Subscriber should check the Terms & Conditions and pricing periodically for changes. Your continued use of the FOCUSARMY.COM website following the posting of any changes shall be deemed as your acceptance of such change(s).
TERMINATION OR SUSPENSION OF SERVICE BY FOCUSARMY.COM
FOCUSARMY.COM reserves the right, at its sole discretion, to terminate and/or suspend the Service to you or any person without prior notice and for any reason, including, without limitation, if FOCUSARMY.COM believes that you have violated or acted inconsistently with the letter and spirit of these Terms & Conditions. You agree and acknowledge that FOCUSARMY.COM shall not be liable to you or any third party for any termination or suspension of your access to this website.
CANCELLATION OF SERVICE BY SUBSCRIBER
Should you wish to cancel your membership, you must send a customer care representative at the Billing Company you signed up with a Cancellation Request at least one week prior to the date of expiration of your account. Please click here and follow the instructions
to cancel your FOCUSARMY.COM premium membership subscription.
REFUNDS AND CHARGEBACKS
FOCUSARMY.COM may, but is under no obligation to honor refund requests. Refund requests are given on a case-by-case basis within 30-days after the initial purchase date. The decision to refund a charge does not imply the obligation to issue additional future refunds.
The billing system used by FOCUSARMY.COM or our authorized agents provides extensive credit card fraud protection measures and our Sites include many features to protect users from accidental charges. Therefore, refunds to your credit card will be provided only under the rarest of circumstances such as persistent technical problems originating with our equipment. Should a refund be issued by FOCUSARMY.COM, all refunds will be credited solely to the payment method used in the original transaction. FOCUSARMY.COM will not issue refunds by cash, check, or to another credit card or payment mechanism. Please note that all chargebacks are thoroughly investigated and may add you to a blacklist with our processor which will complicate future purchases. Denying a purchase that you have made is illegal and will result in an investigation which can lead to heavy fines or other legal action towards you. Your credit can be affected by false claims of fraud.
How to Request a Refund
1) First please read this support article that documents the most common technical issues encountered by customers along with solutions. The fix is likely documented here: Help! The Video Won't Play
2) Please contact us
directly if the support article does not resolve your issue. We will do our best to assist.
3) If the issue still persists despite our support efforts, please contact our payment processor CCBill: CCBill Consumer Support
DISCLAIMER OF WARRANTIES
You understand and agree that no warranty is made by FOCUSARMY.COM regarding the Service, and FOCUSARMY.COM hereby expressly disclaims:
(1) any and all warranties as to the availability, accuracy, or content available through the Service
(2) any warranties of merchantability or fitness for a particular purpose.
Additionally you further understand and agree that any liability of FOCUSARMY.COM, its directors, officers, employees, agents, or independent contractors, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in destruction, alteration, or use of unauthorised access to records, whether for breach of contract, breach of warranty, negligence or other tortious behavior, shall be strictly limited to the amount paid to FOCUSARMY.COM by or on behalf of the claimant for Service membership fees for the month in which the claimed injury or damage occurred. Under no circumstances will FOCUSARMY.COM or its directors, officers, employees, agents, or independent contractors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, the FOCUSARMY.COM website.
COMPUTER SYSTEM REQUIREMENTS
You are responsible for providing all personal computer and telecommunications equipment and Internet access necessary to gain access to the website and Services. In the event that you are not able to fully utilise the Service (i.e. due to difficulty downloading images etc.), and said failure is the result of poor performance of your computer system or Internet Service Provider, you shall not be entitled to any refunds of any amounts paid for the Service.
USER ID AND PASSWORD
Access to and use of the Service is achieved through a combination of your user ID and password. Each Subscriber must keep their password strictly confidential. For security reasons, FOCUSARMY.COM will not release passwords for any reason. Unauthorised access to the Service is a breach of this Agreement and a violation of law.
TRUTHFULNESS OF INFORMATION PROVIDED
You hereby represent and warrant that any and all information provided in subscribing for the Service is complete, truthful, and accurate. Subscribership may not be assigned or transferred to any other person or entity at any time. You must promptly inform FOCUSARMY.COM of any apparent breaches of security, such as loss, theft, or unauthorised disclosure or use of an ID or password.
FOCUSARMY.COM shall not be liable for any losses or damages incurred by you as a result of unauthorised use of the Service. Upon request, you will be given access to billing records that support charges for use of the Service.
You shall not engage in the following actions, which are strictly prohibited:
(1) any action that is designed to crack the anti-copy code of any data owned or held by FOCUSARMY.COM
(2) the use of material on the Service for any use other than your private, personal use
(3) any action that causes or results in any losses or damages to FOCUSARMY.COM or to any third-party
(4) any action that violates the standards and laws of the community in which you live regarding sexually-oriented media
(5) any action that obstructs the normal utilisation of Internet connections to the public
(6) any other action which is determined to be improper by FOCUSARMY.COM.
You agree to indemnify and hold FOCUSARMY.COM and its affiliates, and their respective directors, officers, agents, partners, contractors, and employees harmless from and against any and all claims, expenses, and demands, including attorneys' fees, made by any third party due to, arising out of, or asserted in connection with your use or misuse of this web site, including claims relating to your use of this website. FOCUSARMY.COM reserves the right to have control of any defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate with FOCUSARMY.COM in asserting available defenses.
COPYRIGHT INFRINGEMENT & PIRACY
All material displayed on the Service is copyrighted and may not be copied or redistributed, in whole or in part, without the prior written consent of FOCUSARMY.COM.
Piracy of adult videos is a massive problem that continues to threaten the entire industry, especially smaller producers like ourselves. To combat piracy we utilize advanced technology that allows us to
(1) identify when and where a pirated version of our video was uploaded and
(2) track the pirated video back to the original purchaser.
We beg of you--please support adult video producers by purchasing only officially-licensed content.
The material on the Service is for the private, non-commercial enjoyment of Subscribers only. Any other use is strictly prohibited.
CONTENT COMPLAINT & TAKEDOWN POLICY
We take complaints regarding site content seriously. This includes content that is deemed in violation of acceptable standards, non-consensual (e.g. "revenge porn"), or otherwise illegal under applicable law. We review and resolve all content complaints and takedown requests within seven (7) business days.
How to File a Content Complaint or Takedown Request
1) Contact us here and provide the following details:
a) The URL of the content in question
b) Whether or not you appear in the content
c) Reason for report / takedown request
d) Any other information relevant to the investigation
2) The report will be reviewed. We may request additional details or information.
3) We will remove the content within seven (7) business days if the complaint is deemed valid. If the complaint is declined, you may appeal the decision and continue communication with us in good faith.
Should disagreement remain after an appeal, the disagreement will be resolved by a neutral third party governed by the laws of the United States of America.
Notices from FOCUSARMY.COM to Subscribers may be communicated by means of e-mail or by general posting on the FOCUSARMY.COM website, which may include, but may not be limited to, promotions, special offers, and other information about FOCUSARMY.COM and/or any other website(s) or business(s) affiliated with FOCUSARMY.COM. Furthermore you hereby acknowledge and accept that by submitting a request for membership to FOCUSARMY.COM, whether the submission is successful or unsuccessful, that You are subject to receiving such Notices from FOCUSARMY.COM, and/or any other website(s) or business(s) affiliated with FOCUSARMY.COM. Communications from You to the Company may be made by contacting us
for more details.
THIRD PARTY WEBSITES AND SERVICES
These terms and conditions apply to the FOCUSARMY.COM website, online shop, and all FOCUSARMY.COM content. Third-party partner websites and services (e.g. our other clipstores) may enforce additional or differing terms and conditions.
ABOUT THIS MEMBERSHIP AGREEMENT
This Agreement contains the entire agreement between the Subscriber and FOCUSARMY.COM regarding the use of the Service and supersedes all prior written and oral understandings and writings, and may only be amended upon notice by FOCUSARMY.COM to Subscribers. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its terminations. The Agreement shall be governed by the laws of the United States of America.