- By enrolling in TSM Publishing's 'Travel & the Single Male' web site service (the "Service"), you become a Subscriber and agree to be bound by this Agreement (the "Agreement"). This agreement is subject to change by TSM Publishing at any time, and changes are effective upon notice to each Subscriber. Any propaganda about illegal activities (drugs, scams, underage girl procurement etc.) means automatic terminations of this agreement and you will be reported to the proper authorities! We will not tolerate this!
- Some or all of the following fees and charges may be incurred by the Subscriber:
- Subscription fees. The subscriber is responsible for paying the subscription fees according to the then-current billing terms that he subscribes under (one year, three month etc.). Subscription fees are non-refundable!
- The payed subscription fee is only for the term given (one year or less). TSM Publishing does "not" have the authority to re-subscibe a member without a "new" subscription order.
- When a subscriber passwords stop functioning, this is the notification that his (hers) passwords have expired and he (her) can renew at a discount or do nothing. Doing nothing terminates the subscription process automatically.
- Subscribership may not be assigned or transferred to any other person or entity. Subscriber must promptly inform TSM Publishing 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 TSM Publishing is notified, by electronic or conventional mail, or by telephone at (805) 984-0410, of a breach in security, the Subscriber will remain liable for any unauthorized use of the Service (including lost income, payments for unauthorized use and costs incurred to resume normal service).
Upon request, Subscribers will be given access to billing records that support charges for use of the Service
- Electronic payment for the appropriate services are made through a secure server but TSM doesn't warranty that the secure transactions capabilities are functioning at all (or any) at any given time. This is a software and server dependent issue which TSM does not control or accept responsibility.
- All members bandwidth is monitored. Excess use (anything over 10 megs an hour) is considered excessive and will mean possible termination of your account with no warning. Use of automated programs to download photos, movies, or artices is strickly forbidden.
- Subscription to the Service may be terminated at any time, and without cause, by either TSM Publishing or the Subscriber upon notification of the other by electronic or conventional mail, or by telephone. Subscribers are liable for charges incurred by them until termination of service.
- As a member you are strictly forbidden to solicit other members (for business, personal or random offerings) unless in the confines of Tsm or with Tsm permission. This protects the membership from non authorized communication (called spam) and attempts to use the Tsm members as a database for solicitousness entrepreneurs. This also reflects Tsm privacy policy of total privacy for itâs membership. Breaking this policy terminates your Tsm membership and you will be also prosecuted to the full extent of the law as criminal offense. All postings containing e-mail addresses are copyrighted by Tsm and unauthorized use of these posting will be construed as a copyright infringement
- Tsm message boards are solely for use by Tsm paid subscribers and invited guests. Any spaming, continuous flaming (constructive criticism is okay, judged solely by Tsm or the board moderator) or posting detrimental material to the main message board well being or smooth operation can lead to your password termination without notice -- main message board is for travel related items only and any other posting could be construed as spam, flames or improper disruption of the main board. Spaming, flaming and comments not related to travel will be tolerated only on the chat board, as long as it is legal (see above).
- All illegal or detrimental posts could lead to immediate termination of your Tsm account and possible warrant criminal prosecution if it applies.
- 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, a password. Each Subscriber must keep his password strictly confidential. Remember your password! For security reasons, TSM Publishing will not release passwords for any reason. Unauthorized access to the Service is a breach of this Agreement and a violation of law.
- TSM Publishing reserves the right to cancel the adult travel center without prior notice to subscribers and, in conjunction with the closing a policy of "no refunds under any conditions" will be implemented. While we expect to be highly successful, no one can predict the future being that this is a new and untried publishing medium.
- TSM Publishing reserves the right to change all passwords at anytime at our discretion, due to the possibility of, but not limited to, misuse, misrepresentation, or fraud.
- Any liability of TSM Publishing including without limitation any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortous 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 TSM Publishing 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.
- No warranty is made by TSM Publishing regarding any information, services, or products provided through or in connection with the Service, and TSM Publishing 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 do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
- You hereby grant Tsm a mutual (you also keep your own rights to your material) worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all rights, under copyright, publicity and related laws, in any media now known or not currently known, with respect to any content you post in on tsm web sites (i.e. articles, membr photos, movies, general contributions etc.).
- Except for public domain material, all material displayed on the Service is copyrighted by TSM Publishing and may not be copied, reproduced, redistributed, re-written, (or used in any other media distribution service) in whole or in part, without the prior written consent of TSM Publishing or the original creator of the material in question, unless otherwise clearly stated in this Agreement.
- The material on the Service is for the private, non-commercial enjoyment of Subscribers only. Any other use is prohibited.
- 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.
- 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.
- 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).
- Notices by TSM Publishing 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 or conventional mail, unless otherwise specified in the Agreement.
- All questions, complaints, or notices to TSM Publishing by means of electronic message must be sent to tsmtravel@aol.com.
- All questions, complaints, or notices to TSM Publishing by conventional mail must be sent to TSM Publishing, 3600 S. Harbor Blvd., Suite #122, Channel Island, CA 93035
- This Agreement contains the entire agreement between the Subscriber and TSM Publishing regarding the use of the Service, and supersedes all prior written and oral understandings and writings, and may only be amended upon notice by TSM Publishing 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 State of California.
Due to the number of sources from which news and information on TSM Travel Center is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such news, information and TSM Travel Center.
TSM TRAVEL AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE NEWS AND INFORMATION AVAILABLE THROUGH TSM Travel Center, OR TSM Travel Center ITSELF. NEITHER TSM TRAVEL! NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, OTHER THAN DEATH OR PERSONAL INJURY RESULTING DIRECTLY FROM USE OF TSM Travel Center, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING TSM Travel Center AND ANY NEWS AND INFORMATION THROUGH TSM Travel Center. IN NO EVENT WILL TSM TRAVEL! , ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH NEWS AND INFORMATION. TSM TRAVEL! AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF TSM TRAVEL! , ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH TSM Travel Center OR THE NEWS AND INFORMATION IN TSM Travel Center SHALL NOT EXCEED THE AMOUNT YOU PAID TO TSM TRAVEL! FOR THE USE OF TSM Travel Center.
You are responsible for all statements made and acts or omissions that occur while your password is being used.
A. Your subscription will expire with the termination of your passwords. You pay for one, three, or 12 month in advance. At that time (expiration of passwords) it will be your responsibility to re-apply. We don't automatically bill you monthly or annually. As a new service to our old customers, they can renew by an automatic monthly debit to their credit card (renewing members must sign up for this service).
B. TSM TRAVEL may discontinue or change TSM Travel Center, or its availability to you, at any time, and you may always terminate your subscription at any time. This agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This agreement, your rights and obligations, and all actions contemplated by this agreement shall be governed by the laws of the United States of America and the State of California, as if the agreement was a contract wholly entered into and wholly performed within California. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
C. Disputes
Any disputes arising out of this agreement shall be adjudicated in the Supreme court of the State of California, County of Ventura. All contentions commencing from these terms and agreements shall be governed by the laws of the State of California where applicable or if no provision of State of California law applies under the pertinent federal statues.
Copyright 1996,1997, 1998 1999. 2000 TSM TRAVEL! All rights reserved.
-- TSM--