), and you, a user of the Site. By using Site you agree to this agreement. If you choose to not agree with this agreement, you must not use the Site.
3.1 License. During this agreement, the Operator hereby grants you a nonexclusive, nontransferable license to access the Site for your use in accordance with this agreement. You will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site.
3.2 Intellectual Property Rights. The Site and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of it) are owned by the Operator, its licensors, or other provides of the material and are protected by
Spain and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
3.3 Trademarks. The Operator’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Operator or its affiliates or licensors. You will not use these marks without the Operator’s written permission. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.
3.4 User Conduct
You will not engage in any of the following prohibited activities:
(a) copying, distributing, or disclosing any part of the Site in any medium, including by any automated or nonautomated “scraping;”
(b) using any automated system, including “robots,” “spiders,” “offline readers,” etc., to access the Site;
(c) transmitting spam, chain letters, or other unsolicited email;
(d) attempting to interfere with, comprise the system integrity or security, or decipher any transmissions to or from the servers running the Site;
(e) taking any action that imposes, or may impose at the Operator’s sole discretion an unreasonable or disproportionately large load on the Site infrastructure;
(f) uploading invalid data, viruses, worms, or other software agents through the Site;
(g) collecting or harvesting any personally identifiable information, including account names, from the Site;
(h) using the Site for any commercial solicitation purposes;
(i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
(j) interfering with the proper working of the Site;
(k) accessing any content on the Site through any technology or means other than those provided or authorized by the Site; or
(l) bypassing the measures the Operator may use to prevent or restrict access to the Site, including features that prevent or restrict use or copying of any content or enforce limitations on use of the service or the content in it.
4. Your Account
4.1 Account Creation. You must complete the registration process by providing the Operator with accurate information as prompted by the applicable registration form. You also will choose a password and a username.
4.2 Responsibility for Account. You are responsible for maintaining the confidentiality of your password and account. Further, you are responsible for all activities that occur under your account. You will promptly notify the Operator of any unauthorized use of your account or any other breach of security.
4.3 Liability for Account Misuse. The Operator will not be liable for any loss that may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by the Operator or another person due to someone else using your account or password.
4.4 Use of Other Accounts. You will not use anyone else’s account at any time, without the permission of the account holder.
4.5 Account Security. The Operator cares about the integrity and security of your personal information. But the Operator cannot guarantee that unauthorized persons will never be able to defeat the Site’s security measures or use any personal information you provide to the Operator for improper purposes. You acknowledge that you provide your personal information to the Operator at your own risk.
5. Paid Services
5.1 Fees. The Operator may charge fees for access to the Site or to purchase various content. Some of the fees may be recurring and some may be one-time fees. In no event will you be charged for access to the Site or to purchase content unless the Operator obtains your advance agreement to pay for the charges. You will be told at the time of purchase whether the fees are one time or recurring. If the fees are recurring, your subscription will continue for the length of the initial term you select and will automatically renew for additional prepaid periods of the same length unless you cancel your subscription before it renews to avoid billing of the next term’s subscription fees to your payment method.
You may cancel any recurring subscription at any time by contacting the payment processor your signed up through or by looking up your account at https://cs.segpay.com and changing the status to cancelled/expired or by providing the customer service department with the required information to cancel your membership. . Any fees will be posted prominently on the Site and in other appropriate locations on the Site.
5.2 Rates. You will pay all fees and charges incurred through your account at the rates in effect for the billing period when they are incurred. You will be billed for and pay all fees and charges. You will pay all applicable taxes relating to use of the Site through your account.
5.3 Refunds.
No cash refunds are provided. Account credit may be granted in the form of free monthly memberships, shopping credit for pay per view or pay per download purchases or credit that may be used for other services offered on the Website to resolve customer service issues. The billing system used by
thejerkoffmembers.com from our authorized agent SEGPAY provides extensive credit card fraud protection measures and 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.
6. Links. The Site may contain links to third-party websites or resources. You acknowledge that the Operator is not responsible or liable for: (1) the availability or accuracy of those websites or resources; or (2) the content, products, or services on or available from those websites or resources. Links to third-party websites or resources do not imply any endorsement by the Operator of those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
7. Third-Party Content. Through the Site, you may have the ability to access or use content provided by third parties. The Operator cannot guarantee that this third-party content will be free of material you may find objectionable or otherwise. The Operator will not be liable for your access or use of any third-party content.
8. Privacy. For information about how the Operator collects, uses, and shares your information, please review the Privacy Policy. You acknowledge that by using the Site or the service you consent to the collection, use, and sharing (as set out in the Privacy Policy) of this information, including the transfer of this information to the
Spain for storage, processing, and use by the Operator.
9. Termination
9.1 Termination on Notice. Either party may terminate this agreement at any time by notifying the other party in writing.
9.2 Termination by the Operator. The Operator may terminate or suspend your access to or ability to use the Site immediately, without notice or liability, for any reason or no reason, including breach of this agreement.
9.3 Effect of Termination. On termination of your access to or ability to use the Site, your right to use or access the Site will immediately end. Termination of your access to and use of the Site will not relieve you of any obligations arising or accruing before termination or limit any liability you otherwise may have to the Operator or any third party.
9.4 Survival of Provisions. This agreement’s provisions that by their nature should survive termination will survive termination, including ownership provisions, warranty disclaimers, and limitations of liability.
10. Disclaimers. The Site is provided “as is,” without any warranties of any kind. To the fullest extent permissible under applicable law, the Operator disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, noninfringement, accuracy, freedom from errors, suitability of content, or availability. No advice or information, whether oral or written, obtained from the Operator, the Site, or elsewhere will create any warranty not expressly stated in this agreement.
11. Limitation of Liability. To the fullest extent permitted by applicable law in no event will the Operator be liable for:
11.1 any direct, special, indirect, or consequential damages; or
11.2 any other damages of any kind, including loss of use, loss of profits or loss of data, whether in an action in contract, tort (including negligence), or otherwise, arising out of or in any way connected with the use of or inability to use the Site, including any damages caused by or resulting from reliance by user on any information obtained from the Site, or that results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance.
12. Indemnification. You will defend, indemnify, and hold harmless the Operator, its subsidiaries, and affiliated companies, and their officers, directors, employees, contractors, and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to use of the Site. The Operator may assume the exclusive defense and control of any matter for which users have agreed to indemnify the Operator and you will assist and cooperate with the Operator in the defense or settlement of these matters.
13. Arbitration
13.1 Claim Procedure. For any dispute you have with the Operator, you will first contact the Operator and attempt to resolve the dispute informally. If the Operator has not been able to resolve the dispute with you informally, the parties will resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to this agreement by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules then in effect for the AAA, except as provided in this agreement.
13.2 Arbitration Location. Unless you and the Operator agree otherwise, the arbitration will be conducted in Barcelona.
13.3 Arbitration Fees. Each party will be responsible for paying any AAA filing, administrative, and arbitrator fees in accordance with AAA rules.
13.4 Arbitration Award. The award rendered by the arbitrator will include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
13.5 Injunctive Relief. Nothing in this section will prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the service.
13.6 Class Action Waiver. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless the Operator agrees otherwise, the arbitrator will not consolidate more than one person’s claims.
13.7 Jury Trial Waiver. By entering into this agreement, you and the Operator are each waiving the right to a trial by jury or to participate in a class action.
14. Governing Law. Spanish law, without giving effect to its principles of conflicts of law, governs all adversarial proceedings arising out of this agreement or arising out of your use of the Site.
