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What is included in my membership?

1. By becoming a member of this service (the "Service"), you become a Subscriber and agree to be bound by this Agreement (the "Agreement"). This agreement is subject to change at any time, and changes are effective upon notice to each Subscriber.

2. Some or all of the following fees and charges may be incurred by the Subscriber: Subscription fees. The subscriber is responsible for paying periodic subscription fees according to the then-current billing terms.

3. Unless and until this agreement is cancelled in accordance with the terms hereof, Subscriber hereby authorizes the "Service", or Service's third party billing processor, to charge subscriber's credit card to pay for the ongoing cost of membership. Subscriber hereby further authorizes the "Service", or Service's third party billing processor, to charge Subscriber's credit card for any and all purchases of products, services and entertainment provided by firsttimeswallows.com. Subscribership may not be assigned or transferred to any other person or entity. Subscriber must promptly inform billing of the following: changes in the expiration date of any credit card used in connection with the Service; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until firsttimeswallows.com is notified, by e-mail of a breach in security, the Subscriber will remain liable for any unauthorized use of the Service. Upon request, Subscribers will be given access to billing records that support charges for use of the Service.

4. Payment for the appropriate services may be made by automatic credit card debit. Members will be automatically renewed for the original term upon expiration, unless firsttimeswallows.com is notified via email, along with your UserName and Password, 48 hours prior to membership expiration. Three or Seven Days Special Introductory Trial Memberships shall renew at the normal one-month membership rate of Thirty-Nine dollars and Ninety-Five cents. Three or Seven Day Special Introductory Trial Memberships do not grant the member access to the full selection of content or full range of benefits of the Service. Trial Memberships receive access to a reduced amount of content and services, which is upgraded to full access upon the renewal to the full one-month membership, or upon request of the subscriber via "Membership Upgrade" links present in the password protected area of the Service.

5. If a Subscriber requests a chargeback from its credit card company for charges relating to the Services any and all credit card chargebacks are subject to evaluation by firsttimeswallows.com and/or a third party service provider to determine whether the chargeback was made in good faith. Certain criteria will be analyzed to determine whether a chargeback was made in good faith which includes non-personal information relating to the Subscriber's and personal information provided by Subscriber to firsttimeswallows.com, Ltd.

6. Subscription to the Service may be terminated at any time, and without cause, by either firsttimeswallows.com or the Subscriber upon notification of the other by electronic mail. Subscribers are liable for charges incurred by them until termination of service.

7. Subscribers are responsible for providing all personal computer and communications equipment necessary to gain access to the Service. Access to and use of the Service is through a combination of an ID and a password. Each Subscriber must keep his password strictly confidential. Remember your password! For security reasons, firsttimeswallows.com will not release passwords for any reason, except as may be specifically required by law or court order. Unauthorized access to the Service is a breach of this Agreement and a violation of law.

8. Any liability of firsttimeswallows.com including without limitation any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortious behavior, negligence, or under any other cause or action, shall be strictly limited to the amount paid by or on behalf of the subscriber to firsttimeswallows.com for the preceding 12 months. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

9. No warranty is made by firsttimeswallows.com regarding any information, services, or products provided through or in connection with the Service, and firsttimeswallows.com hereby expressly disclaims any and all warranties, including without limitation:1) any warranties as to the availability, accuracy, or content of information, products, or services; 2) any warranties of merchantability or fitness for a particular purpose. Some states/provinces do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

10. Except for public domain material and electronic messages, all material displayed on the Service is copyrighted by Ventura Content, AVV and may not be copied, redistributed, or downloaded, in whole or in part, without the prior written consent of the copyright owner, unless otherwise clearly stated in this Agreement.

11. The material on the Service is for the private, non-commercial enjoyment of Subscribers only. Any other use is prohibited.
12. The Service enables Subscribers to share information with other Subscribers. Subscribers agree not to submit, publish, or display on the Service any defamatory, inaccurate, abusive, threatening, racially offensive, or illegal material. Transmission of such material that violates any federal, state, or local law, is prohibited and is a breach of this Agreement.

13. Subscribers agree not to engage in advertising to, or solicitation of other Subscribers to buy or sell any products or services through the Service without prior written consent. Subscribers are responsible for information they send, or display through the Service even if a claim should arise after termination of service.

14. When you visit and purchase a membership to firsttimeswallows.com operated sites or provide us your email to request free promotional newsletters and advertising, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically and, upon your cancellation, hereby explicitly authorize firsttimeswallows.com, its affiliates and/or subsidiaries to send follow up emails, text messages or correspondence to your registered email account and/or phone number regarding promotional offers. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

15. There are no facilities provided by the Service for sending or receiving private or confidential electronic communications. All messages shall be deemed to be readily accessible to the general public. Do not use the Service for any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered into this Service can and may be read by the operators of the Service, whether or not they are the intended recipient(s).

16. Notices by firsttimeswallows.com to Subscribers may be given by means of electronic messages through the Service, by a general posting on the service, or by conventional mail. Notices by Subscribers may be given by electronic messages unless otherwise specified in the Agreement.
* All questions regarding new membership by means of electronic message should be sent to Customer Service

17. The subscriber hereby warrants and represents that he or she is over the age of eighteen (18) or twenty-one (21) in some jurisdictions; and in all respects is qualified and competent to enter into this agreement.

18. Arbitration; Governing Law:
1. This Agreement shall be governed by, and construed only in accordance with, the laws of Aruba, without giving effect to principles of conflicts of laws.
2. The parties agree that any dispute between them arising out of or related to this Agreement and the services hereunder shall be resolved by binding arbitration conducted under the Commercial Arbitration Rules of the International Chamber of Commerce in effect as of the date any such action is initiated. This is an exclusive remedy. Unless another venue is agreed to by both parties, any arbitration conducted pursuant to this paragraph shall take place in Aruba. The arbitration and proceedings related thereto shall be conducted in English. A single arbitrator will make a determination and render an award within thirty (30) days of the close of evidence in such arbitration proceeding. The parties waive right to jury trial and agree that the arbitration award will be final and binding and that judgment will be entered thereon in any court of competent jurisdiction. Notwithstanding the foregoing, any party may seek immediate judicial intervention to prevent any unauthorized use or disclosure of the confidential or proprietary information of the party (or those to whom it owes a duty of confidentiality) bringing any such action. In addition, any party may bring an action in a court of competent jurisdiction to enforce (i) the Arbitration, Venue, and Governing Law provisions hereof and (ii) any arbitration award rendered hereunder, and any such action shall not be deemed a waiver of this arbitration requirement or any other provision hereof.
3. The venue for any other legal proceedings arising from or connected with this Agreement shall be exclusively in Aruba, and no Party shall have the right to challenge venue based upon forum non conveniens or otherwise. In any legal proceeding (including arbitration) arising from, under or in connection with this Agreement, the prevailing Party shall recover the reasonable attorneys' fees and costs incurred in preparation for and in connection with all arbitration, trial and appellate proceedings, along with such other award(s) rendered by the arbiter.
4. This Agreement shall be executed in the English language and shall be controlled in all respects by the English language, regardless if this Agreement is translated into another language.

19. Electronic Signatures:
You hereby acknowledge and agree that physical signatures are not required under this Agreement, and any form of electronic acceptance of the terms of this Agreement, including but not limited to your checking or clicking of an "I agree" or "Create Account" box, shall be permissible and acceptable forms of acceptance by you of the terms of this Agreement.
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Privacy Policy

We have created this Privacy Policy in order to demonstrate our firm commitment to privacy. This Privacy Policy explains our practices with respect to the collection, use, and disclosure of personal and non-personal information provided by visitors to our Web site. By using this site, you signify your assent to our privacy practices and the terms and conditions of our Web site. If this policy is not agreeable to you, please do not use this site.
What type information is collected?
We only collect personal information from visitors to our Web site when they voluntarily provide it to us by completing our registration form or electing to use one of our services. We may require visitors to provide us with information including, but not limited to, their name, physical address, email address, birth date, username, password, and on occasion a unique identifier. When visitors access our Web site, certain non-personal information may be collected from them including, but not limited to, their browser type (e.g., Netscape or Internet Explorer), operating system (e.g., Windows or Macintosh), IP address, and the domain name from which they accessed the site (e.g., google.com). In addition, we may collect information about visitors' browsing behavior, such as the date and time they visit the Web site, the areas or pages of our Web site that they visit, the amount of time spent viewing the site, the number of times the visitor returns to the site, and click-stream data. We use transparent tracking pixels to determine the number of Web site visitors that have been sent to us through our affiliate network. We do not track any information about visitors once they leave our site. We may use cookies (small text files that are stored on visitors computers when they access our Web site) to collect this information. Information collected through cookies may be combined with visitors' personal information. We may also allow unaffiliated third parties, such as advertisers, to serve cookies to visitors of our Web site. Visitors are always free to decline cookies, but in doing so they may not be able to use certain features on our Web site. The "help" segment of the toolbar on most browsers explains how to configure a browser to not accept new cookies, how to have the browser inform a user when they receive a new cookie, and how to erase cookies from their hard drives.
In what way do we use your personal and non-personal information?
Our goal in collecting personal information is to provide visitors with the most personalized Web experience possible and our advertisers with an efficient means to reach the right audience. By knowing a little about our visitors, we are able to deliver more relevant content and advertisements, and provide better services. We may use information collected from visitors to our Web site for any of the following purposes: (1) to send visitors information and promotional materials about our company, (2) to send visitors information and promotional materials from our marketing partners and third parties (such as advertisers on our Web site), (3) to deliver targeted display advertisements and offers by email (by matching criteria provided by our advertisers with information collected from our visitors), (4) to contact visitors to our Web site when necessary, (5) to allow one-click purchases or access to proprietary content by pre-populating fields, within registration or other transaction screens, with a visitor's name, billing address, and email (among other things), as provided by that visitor, (6) to help diagnose problems with our server, (7) to administer our Web site, (8) to conduct internal reviews of our site (e.g., to determine the number of visitors to the site), (9) to help us better understand visitors' use of our site, and (10) to protect the security or integrity of our site. Non-personal information will be used for purposes of conducting internal reviews of the site, monitoring the site, and providing a greater online experience for our visitors. Non-Personal and Personal information gathered by firsttimeswallows.com, Ltd. will be used by firsttimeswallows.com and/or third party service providers to investigate chargebacks requested by the Subscriber.
What security measures do we take to protect your data?
To help prevent unauthorized access, maintain data integrity, and ensure the appropriate use of information, we have put in place certain physical, electronic, and managerial procedures to safeguard and secure the information we collect from visitors to our Web site. We use SSL (Secure Socket Layer) technology to protect any information you provide us. We allow access to personal information only to persons and entities engaging in activities provided for by this Privacy Policy. Visitors should consider any communication that they transmit to us (such as data, questions or answers, comments, suggestions, or communications submitted to a chat room) to be non-confidential. We will not be liable or responsible if information that belongs to a visitor is intercepted and used by an unintended recipient.
We protect children's privacy.
Protecting the privacy of children is VERY important to us. For that reason we do not structure any part of our site to attract anyone under the age of 18 (21 in some areas) and we do not allow anyone under the age of 18 (21 in some areas) to register and become a member of our site.
Corporate changes.
In the event of a merger, acquisition, asset or stock sale, bankruptcy, or other asset transfer (regardless of legal formality), any of our assets may be transferred to a third party, including personal information collected from visitors to our Web site.
Acceptance of privacy terms & conditions
By visiting this Web site, you are agreeing to the practices described in this Privacy Policy. By visiting this site, you also accept, without limitation or qualification, all terms and conditions concerning the use of this site. We may at any time revise these terms and conditions. You are bound by any such revisions and should therefore periodically visit this page to review the current terms and conditions to which you are bound. To the extent that any of the third-party sites accessible through our Web site (such as our advertisers) have different privacy practices from those stated in this Privacy Policy, those third-party privacy practices govern the collection and use of information you provide when visiting those sites. We are not responsible for the policies, content, and practices of other companies.
Changes to this privacy policy
There may be times when we need to change the terms of this Privacy Policy. To ensure that you are aware of our current privacy practices, please bookmark this page and check back often.
How can you access the information we have collected from you?
Visitors who wish to access or change the information they provided to our Web site, should visit the Customer Service section of this site and contact us via Email.
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Anti-Piracy Policy

Pink Visual Anti-Piracy Policy and Best Practices

Details on Pink Visual's Anti-Piracy and User Safety Policy:
Pink Visual does not permit its content to be distributed by unauthorized third parties including on peer-to-peer (p2p) systems or tube sites. While part of the reason for this policy is to keep our intellectual property from being disseminated by people who are not authorized or licensed to distribute our content, there are other reasons why we discourage the use of peer-to peer-software and tube sites to acquire, trade, or otherwise share adult content.

Why shouldn't you use peer-to-peer software, torrents and/or tube sites to get adult content?

It is illegal to distribute copyrighted content without authorization.
It is a violation of federal law to distribute copyrighted materials without authorization. At Pink Visual, we value our customers, and we don't want to see any of you get into legal trouble for distributing our content, or the content of any other rights holder, whether it is a movie studio, a record company, or another adult entertainment studio. If the fact that it is unethical to distribute copyrighted content without authorization isn't enough to persuade you that you shouldn't do it, consider the potential consequences of getting caught doing it and ask yourself a couple of questions. Is finding, sharing and trading pornography for free really worth the potential embarrassment, expense and blemish on your permanent legal record that getting caught would create?

You could accidentally download and/or redistribute child pornography or other illegal material.
When you view content on Pink Visual's sites, you can rest assured that the content is compliant with 18 USC 2257, a section of federal U.S. law that requires producers of adult content to obtain and store documents which affirm that all models and performers were of legal age at the time of production. When you obtain sexually explicit content through peer-to-peer systems, from torrents or sites that allow for user uploaded content, you have no such assurance. It is very important to understand that if you download child pornography, even if you had no intent of doing so, then you are in possession of illegal material, and ignorance of the law or 'mistake of age' are not likely to be accepted as an excuse by law enforcement, or as a legal defense by the court.

Cyber security concerns.
As has been observed by tech experts and law enforcement alike, peer-to-peer systems are frequently targeted for abuse by hackers, phishers and other forms of cyber thieves. Hackers have already created exploits specifically for use on p2p systems many times, and in several instances they have used the appeal of adult content to encourage the spread of their worms, viruses and other exploits. The ongoing popularity of p2p systems virtually guarantees that hackers will continue to make exploiting the p2p environment a high priority for future attacks, and you can bet that they will continue to use the lure of free pornographic content to hook additional victims.

You could accidentally compromise your own online privacy.
Peer-to-Peer networks also have been abused by hackers and because of this these systems potentially expose your computer and files to millions of other users on the network . Your private files from personal finance documents to your adult videos could be accessible by others. In addition, despite the fact that you are online does not mean that you are not identifiable. The legal process allow for your personal information to be discovered through legal investigations associated with such P2P activities such as copyright infringement and child pornography. Thousands of end-users are sued on a weekly basis for copyright infringement.

While p2p, tube sites and torrents all have their benefits as technological forms, Pink Visual urges you to make use of them with great caution. Be sure to keep your anti-virus software up to date, and follow the same common sense rules that you would where your email is concerned; if you wouldn't open an attachment to an email that was sent to you by someone you don't know, why would you download a file that had been uploaded by a stranger?

If you have any questions or concerns about the policy described above, please contact our customer support department.
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