Terms & Conditions

 

Enterprise international communication Corp

 

 

 

1. Introduction.

 

Please read this Web page carefully. It contains the Terms and Conditions governing your access to and use of this Web Site operated by Enterprise International Communications CORP, a Florida Limited Liability Company (hereinafter, “Enterprise International Communications CORP”). If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Site.

 

2. Binding Agreement.

 

These Terms and Conditions (as they may be amended from time to time by Enterprise International Communications CORP) form a binding agreement between you and Enterprise International Communications CORP. Your access to or use of the Site indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site at your own risk.

 

3. Certain Definitions.

 

The following definitions apply to these Terms and Conditions: " Enterprise International Communications CORP. Web Site" or the "Site" includes “www.TOUCHBYVENUS.com” in its entirety and related sites owned or operated by Enterprise International Communications CORP. and includes Content, Text, Graphics, Design, Programming and Services as applicable in the context. "Customer" or “Suscriber” means a Member who is a masseuse who is accessing the Site for online marketing services to connect to potential clients. "Content" includes all Text, Graphics, Design and Programming used on the Site. "Text" includes all text on every page of the Site, whether editorial, navigational, or instructional. "Design" includes the color combinations and the page layout of the Site. "Graphics" includes all logos, buttons, and other graphical elements on the Site, with the exception of paid advertising banners. "Member" refers to any individual or entity who subscribes to the Site. “Membership” means subscribing to the Site for Services, as described below. "Programming" includes both client-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) used on the Site. "Services" means any services provided on the Site by Enterprise International Communications CORP. or its agents. The Service entitles Customers that register to access the Site. "You" and "you" means any person (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions including but not limited to a Members. IF YOU ARE NOT A MEMBER THEN THE PROVISIONS DEALING WITH PAYMENT SHALL NOT BE APPLICABLE TO YOU.

 

4. Term and Payment for Services.

 

THIS SECTION IS APPLICABLE TO MEMBERS. You agree to pay Enterprise International Communications CORP. a Fee for the Services rendered according to the following terms:

The monthly Website subscription fee shall be US $49 for Members (herein the “Fee”). This agreement between You and Enterprise International Communications CORP. shall be for an initial term of 1 month from the date of the Enterprise International Communications CORP. service order form. Unless terminated by Enterprise International Communications CORP. or Member, this agreement will automatically renew for successive terms of one year. All services must be paid for by credit card. You authorize Enterprise International Communications CORP. to charge credit card to pay for any applicable charges that may apply. Credit cards will be charged for the following term on or about the beginning date of each term. Any additional charges incurred during the prior term will also be charged on or about the beginning date of each term. It is the responsibility of the customer to maintain current billing information. If a credit card charge is declined for any reason, an administrative fee of US $10.00 fee will be assessed and an email will be sent to Customer with a 72 hour termination of service notice. After 72 hours, the credit card will be charged and if again declined, the account will be terminated. Members may reactivate their accounts within 5 business days after termination for an administrative fee of US $ 10.00. Enterprise International Communications CORP. reserves the right to change fees, change monthly service rates or to institute new fees at any time upon posting to Enterprise International Communications CORP. website www.TOUCHBYVENUS.com. Enterprise International Communications CORP. reserves the right to change Customer’s monthly service rates at any time upon 30 days prior notice to Member. In case of a temporary malfunctioning of the Site, there shall be no reimbursement of the Fee. Member may contact CARVALHO ENTERPRISES through our email at contact@touchbyvenus.com and Enterprise International Communications CORP. may offer to place additional time for Manufacturer ads or provide additional Membership time, if such temporary malfunctioning resulted from any errors on part of Enterprise International Communications CORP. or its agents.

 

5. Acceptable Use of the Site.

 

5.1 General Use Rules. The Site is intended to provide an online marketing platform and shall provide marketing portal for masseuse. You may use this Site only for lawful purposes within the stated context of Enterprise International Communications CORP.’ intended and acceptable use of the Site. Enterprise International Communications CORP. is the sole interpreter of the Site’s intended and acceptable use. Any references to products, items or services on the Site, together with outside textual contributions, are prepared carefully in order to provide valuable information to visitors of the Site. In cases where the Content is obtained from a third party, Enterprise International Communications CORP. takes all reasonable steps to make sure that such information is correct and up to date. However, if any part of such information is found to be incorrect, you are requested to immediately inform Enterprise International Communications CORP. as soon as possible by sending us an email at contact@touchbyvenus.com. Enterprise International Communications CORP DOES NOT PARTICIPATE IN OR BENEFIT FROM ANY ILLEGAL SEX-FOR-HIRE PRACTICES, AND AS SUCH WILL NOT SOLICIT, SCHEDULE, OR OTHERWISE ARRANGE APPOINTMENTS FOR MEMBER IN WHICH PAYMENT HAS BEEN OFFERED IN EXCHANGE FOR SEXUAL FAVORS. SEXUAL ACTIVITIES ARE PROHIBITED IN CONNECTION WITH ANY SERVICES OFFERED BY MEMBERS. Sexual activities for purposes of this agreement shall mean oral, anal, or vaginal penetration by, or union with, the sexual organ of another person, anal or vaginal penetration of another by any other object, or the handling or fondling of the sexual organ for the purpose of masturbation. Prostitution for purposes of this agreement shall mean giving or receiving of the body for sexual activity for hire. Lewdness for purposes of this Agreement shall mean any indecent or obscene act. Assignation for purposes of this Agreement shall mean making an appointment or engagement for prostitution or lewdness, or any act in furtherance of such appointment or engagement. Members shall provide their services without engaging in sexual activities, prostitution, lewdness or assignation. Members shall warrant and represent that: 5.1.1 Members shall not offer or agree to secure another person for purposes of prostitution, lewdness, or assignation.5.1.2 Members shall not offer, or agree to secure, another person for the purposes of prostitution or any other lewd act.5.1.3 Members shall not receive, or offer or agree to receive, any person into any place, structure, building, or conveyance for the purpose of prostitution, lewdness, or assignation, or permit any person to remain there for such purpose.5.1.4 Members shall not direct, take, or transport, or offer or agree to direct, take, or transport, any person to any place, structure, or building, or to any other person, with knowledge or reasonable cause to believe that the purpose of such directing, taking, or transporting is prostitution, lewdness or assignation.5.1.5 Members shall not offer to commit, or engage in prostitution, lewdness or assignation.5.1.6 Members shall not solicit, induce, entice, or procure another person to commit prostitution, lewdness, or assignation.5.1.7 Members shall not reside in, enter, or remain, in any place, structure, or building, or any conveyance, for the purpose of prostitution, lewdness, or assignation.5.1.8 Members shall not purchase the services of any person engaged in prostitution.5.1.9 Members shall not aid, abet or participate in any acts enumerated in 5.1.1, 5.1.2, 5.1.3, 5.1.4, 5.1.5, 5.1.6, 5.1.7 and 5.1.8.5.1.10 Members shall warrant and represent that Members are above the age of 18 years.5.2 License to Use. Enterprise International Communications CORP hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for receiving services described hereinabove. Enterprise International Communications CORP reserves the right to suspend or terminate your Enterprise International Communications CORP Membership, services, for any reason at any time, in its sole discretion. Customer must be 18 years old or older to register as a Member on the Site or to use the Site. 5.3 Other Specific Rules. You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms and Conditions. YOU EXPRESSLY AGREE THAT Enterprise International Communications CORP HAS NO OTHER OBLIGATION TO YOU OTHER THAN PROVIDING A FORUM ON INTERNET TO CONNECT MASSEURS OR PROSPECTIVE CLIENTS OF MASSEURS TO OBTAIN SERVICES OF MASSEURS. YOU AGREE THAT ANY SERVICES OR CONTACTS OR COMMUNICATION BETWEEN ANY PARTY OR THROUGH THE SITE SHALL BE AT YOUR OWN RISK AND THAT YOU RELEASE AND FOREVER DISCHARGE CARVALHO ENTERPRISES FROM ANY LIABILITY WHATSOEVER IN CONNECTION WITH ANY SERVICES OR CONTACTS OR COMMUNICATION BETWEEN ANY PARTY OR THROUGH THIS SITE

 

6. Intellectual Property Rights.

 

The Site and all right, title and interest in and to the Site is the sole property of Enterprise International Communications CORP or its licensors, and is protected by United States copyright law and international treaties. Except for the limited licenses expressly granted to you in these Terms and Conditions, Enterprise International Communications CORP reserves for itself and its licensors all other right, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate Web pages on the Site. " Enterprise International Communications CORP," the Enterprise International Communications CORP design logo and certain other names or logos are service marks or trademarks of Enterprise International Communications CORP, and all related product and service names, design marks and slogans are the service marks or trademarks of Enterprise International Communications CORP. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by Enterprise International Communications CORP trademarks, service marks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners. You further acknowledge and agree that Content contained in sponsor advertisements, information provided by Manufacturers or information presented to you by advertisers on the Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

 

7. Disclaimers and Limitations on Enterprise International Communications CORP Liability.

 

7.1 Allocation of Responsibility. Enterprise International Communications CORP assumes no responsibility for the activities, omissions or other conduct of Members.

7.2 No Endorsements by Enterprise International Communications CORP Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any Member or Manufacturer or any third party, whether in regards to its Web site, goods, products, services, or otherwise.

7.3 No Guaranty of Results. Enterprise International Communications CORP makes no representations or guarantees regarding the effectiveness or timeliness of the Site in meeting the Member’s objectives.

7.4 WARRANTY DISCLAIMERS.

(a) THE SITE IS PROVIDED ON AN 'AS IS' AND ‘AS AVAILABLE’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. CARVALHO ENTERPRISES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. CARVALHO ENTERPRISES MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE.

(b) Without limitation on the foregoing:

(i) CARVALHO ENTERPRISES DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, CARVALHO ENTERPRISES IS NOT RESPONSIBLE FOR THOSE COSTS.

(ii) CARVALHO ENTERPRISES makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any information posted by Members, or of any other form of communication engaged in by Members. Information provided by Members or any third party may contain inaccuracies or typographical errors. You agree that any reliance on information and any other form of communication from Members, or Manufacturers or any third party will be at your own risk.(iii) Enterprise International Communications CORP makes no representations or guarantees regarding the Content of the Site, including, but not limited to, hyperlinks, broken links, inaccuracies or typographical errors.

7.5 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE. YOU ASSUME ANY AND ALL RESPONSIBILITY FOR ANY FRAUDULENT ACTIVITY ON THE SITE.(b) IN NO EVENT SHALL CARVALHO ENTERPRISES (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY INFORMATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CARVALHO ENTERPRISES HAS BEEN NOTIFIED OF SUCH DAMAGES.

(c) Due to the nature of these Terms and Conditions, in addition to money damages, Enterprise International Communications CORP will be entitled to equitable relief upon a breach of these Terms and Conditions by you.

 

8. Amendments to this Agreement and Changes to Site.

 

Enterprise International Communications CORP may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Site (or as otherwise stated in the any notice of such changes). Any use of the Site will be considered acceptance by you of the then-current Terms and Conditions. Therefore, it is your responsibility to check the Terms and Conditions for any changes; if you do not agree with the changes in the Terms and Conditions please notify Enterprise International Communications CORP of your termination of Membership immediately pursuant to the Notice provision in provision 9 and immediately discontinue your use of the Member services.

 

9. Indemnity.

 

You agree to defend, indemnify, and hold harmless Enterprise International Communications CORP (and its officers, directors, employees and agents) from and against any claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site or your breach of these Terms and Conditions. Enterprise International Communications CORP shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.

 

10. Member Information.

 

The Privacy Policy posted on the Site is incorporated in this Agreement by this reference. The Privacy Policy governs data collected through Enterprise International Communications CORP on-line operations only. In addition, Enterprise International Communications CORP reserves the right to comply, in its sole discretion, with legal requirements.

 

11. Questions and Notices.

 

Questions concerning the use of the Site should be directed to contact@touchbyvenus.com. Notices shall be sent, for Enterprise International Communications CORP, to the address listed on the Site, and, for you, to the address submitted by you or such other address as Enterprise International Communications CORP reasonably determines is an appropriate address for you.

 

12. General.

 

Enterprise International Communications CORP contact information is listed on the Site. Enterprise International Communications CORP makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Site. If you access Enterprise International Communications CORP from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of Florida, without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms and Conditions shall lie exclusively with the courts in Miami-Dade County, Florida, United States of America. You and Enterprise International Communications CORP sole relationship is that of independent contractors. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of these Terms and Conditions, which shall remain in full force and effect. All provisions of these Terms and Conditions shall survive termination except those granting access or use to the Site, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under these Terms and Conditions. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by Enterprise International Communications CORP in a particular "Legal Notice," or software license or material on particular Web pages of the Site, these Terms and Conditions constitute the entire agreement between you and Enterprise International Communications CORP.

 

13. Mediation and Arbitration.

 

13.1 Any disputes between the parties hereto whether arising under these Terms and Conditions or otherwise which the parties cannot resolve between themselves in good faith shall be referred to a mediator residing in Miami-Dade County, Florida, and any mediation shall be held in Miami-Dade County, Florida. You will bear the cost of said mediation. Mediation shall be in accordance with the procedures of the American Arbitration Association (hereinafter “AAA”).13.2 If for any reason said dispute is not resolved by mediation within thirty days, the parties shall submit the dispute to a neutral arbitrator residing in Miami-Dade County, Florida. Should the parties fail to agree on one arbitrator, they shall submit their dispute to a panel of three arbitrators. Each party shall choose one arbitrator and the chosen arbitrators shall mutually agree on a third arbitrator. Should the two chosen arbitrators fail to act or agree on such third arbitrator, or the arbitrator selected by You fails to cooperate with such arbitration of the dispute in good faith, then the third arbitrator shall be selected by the arbitrator initially chosen by Enterprise International Communications CORP 13.3 The arbitration shall be held in Miami-Dade County, Florida and You will bear the cost of said arbitration. Arbitration shall be in accordance with the procedures of the AAA, discovery shall be in accordance with the Rules of Civil Procedure of State of Florida, the arbitrator(s) shall resolve any discovery-related disputes, and a written award shall be entered forthwith. Any and all types of relief that would otherwise be available in Court shall be available to both parties in the arbitration. The decision of a majority of the arbitrator(s) shall be final and binding.13.4 Arbitration shall be the exclusive legal remedy of the parties. Judgment upon the award may be entered in any court of competent jurisdiction pursuant to the State of Florida. The prevailing party shall be awarded attorney’s fees and costs of arbitration.13.5 If either party refuses to comply with a ruling or decision of the arbitrator and a lawsuit is brought to enforce said ruling or decision, it is agreed that the party not complying with the ruling or decision of the arbitrator shall pay all the court costs and reasonable attorney's fees (including trial and appellate attorneys’ fees) incurred in enforcing the ruling or decision of the arbitrator.13.6 Any rights of injunctive relief shall be in addition to and not in derogation or limitation of any other legal rights

 

14. Privacy Policy and Personal Information.

 

You may be required to provide Enterprise International Communications CORP with any or all of the following information: name, e-mail address, and mailing address. It is Enterprise International Communications CORP policy not to sell or market the Members of the Enterprise International Communications CORP Member services’ nonpublic personal information to third parties without your consent. Such information is used solely in the conduct of Enterprise International Communications CORP business and to provide services to our Members. Enterprise International Communications CORP will share your nonpublic personal information with third parties only to the extent Enterprise International Communications CORP believes it is reasonably necessary to provide Enterprise International Communications CORP services. In addition, in connection with providing services to you, Enterprise International Communications CORP may also share your nonpublic personal and personally identifiable information with our affiliates. Enterprise International Communications CORP may only share your nonpublic personal and personally identifiable information with non-affiliates or other third parties only upon your consent. Enterprise International Communications CORP reserves the right to release such information to law enforcement or other governmental officials as, in Enterprise International Communications CORP sole and absolute discretion, it is deemed necessary to comply with the law. Enterprise International Communications CORP reserves the right to change this privacy statement in its sole and absolute discretion.

 

15. Termination.

 

Enterprise International Communications CORP reserves the right, at its sole discretion, to immediately, without notice to suspend or terminate (a) the Terms and Conditions of this Agreement; (b) your registration with or ability to access Enterprise International Communications CORP Membership services and/or any other service provided to you by Enterprise International Communications CORP