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Terms and Conditions

Last Modified: March 2nd, 2021

Before Subscriber’s transaction can be completed, Subscriber must read and agree to these terms and conditions. By applying for access and or services from this website, Subscriber is agreeing to these terms and conditions, and is agreeing to be legally bound by them. This agreement is subject to change at any time. Changes are effective when posted on this site without notice upon each subscriber.

0. Preamble
  1. Subscriber data is for internal use only and will be treated confidential.
  2. All transactions are SSL encrypted.
  3. Subscriber’s credit card will be billed immediately after purchase.
  4. After purchase Subscriber will receive an email notification with all payment details. The contract is closed between customer and shop as soon as the order is submitted.
  5. All orders will be processed immediately.
  6. All questions will be answered within two working days.
  7. We recommend to print out the transaction data and Terms and Conditions and to keep them at an easily accessible place.
  8. Prohibited for people under legal age in their respective country.
1. Definitions
  1. “Member” or “Membership,” shall mean the subscriber or user of a valid username and password for the site during the term of membership.
  2. “EMS ( Electronic Merchants System )” shall mean any of the companies billing the Subscriber including any additional billing companies used by EMS ( Electronic Merchants System ) or changes thereof.
  3. “Site” shall mean the website for which subscriber is purchasing a username and password in order to access the site and its materials and obtain the benefits of membership.
  4. “Subscriber” shall mean the user of the services of the site and holder of a valid username and password for the Site.
  5. “Access rights,” shall mean the combination of unique username and password that is used to access a site. An access rights is a license to use a Site for a period of time that is specified.
  6. “Bookmarking,” shall mean a URL placed into a temporary file on the subscriber’s browser so that the subscriber may return to that page at a future date without having to type in its username and password.
2. Description of Services

EMS ( Electronic Merchants System ) will provide one access right to access the Site and its materials for which Subscriber is purchasing a membership.

3. Billing

EMS ( Electronic Merchants System ), may appear on Subscriber’s credit card, bank statement, or phone bill for all applicable charges. If multiple venues are joined utilizing any payment method, Subscriber’s statement will list each individual purchase comprising the transaction. EMS ( Electronic Merchants System ) may include other information on Subscriber statement based on credit card association, telephone regulation, NACHA and any other mandated rules and regulations. If Subscriber elects to use a checking account to purchase a subscription to this site, a debit will be executed on their checking account.

4. Tax

Value-Added Tax (VAT), Sales Tax or other excise tax may be included in, or added to, your purchase depending on your country, state, territory, city, or on other applicable local regulations. Tax rates may vary accordingly.

5. Payment / Fee

The Sites may have periodic subscription fees at the time of the initial enrolment for subscription. The member is responsible for such fees according to the terms and conditions of such Site.

6. Automatic Recurring Billing (If Selected By Subscriber On The Sign Up Page)

In accordance with the terms and conditions of the Site subscription fees may be automatically renewed at or after the end of the original term selected, for a similar period of time and for a similar or lower amount, unless notice of cancellation is received from the Subscriber. Unless and until this agreement is cancelled in accordance with the terms hereof, Subscriber hereby authorizes EMS ( Electronic Merchants System ) to charge subscriber’s chosen payment method to pay for the ongoing cost of membership. Subscriber hereby further authorizes EMS ( Electronic Merchants System ) to charge subscriber’s chosen payment method for any and all additional purchases of materials provided on the site.

7. Agreed upon Method of Communication

EMS ( Electronic Merchants System ) and the Subscriber agree that a transaction receipt will be provided via email to the subscriber’s address provided at the time of initial enrollment. Subsequent transactional updates may be communicated to the Subscriber through the members’ area on the Site upon login to ensure receipt in the event Subscriber has unsubscribed from email communications.

8. Electronic Receipt

Subscribers will receive an email receipt to their email provided upon initial subscription. Subscriber may request a copy of the account of charges of their membership to the Site but EMS ( Electronic Merchants System ) does not guarantee the availability of such records more than 365 days after Subscription date. Requests must be made directly to EMS ( Electronic Merchants System ). To contact EMS ( Electronic Merchants System ) refer to Customer Support links on the Site, or click here.

9. Cancellation

At any time, and without cause, subscription to the service may be terminated by either: EMS ( Electronic Merchants System ), the Site, or the Subscriber upon notification of the other by electronic or conventional mail, by chat, or by telephone. Subscribers are liable for charges incurred until the date of the termination. Subscribers may cancel at any time by going to https://lupeandmicha.com/my-account/subscriptions/ and clicking on “Cancel Online” or by contacting our support department through the contact options listed on https://lupeandmicha.com/support.

10. Refunds

Refunds for purchases or recurring charges may be requested by contacting customer support. Refunds or credits will not be issued for partially used Memberships. Cancellation for all future recurring billing may be requested in accordance with Section 8 – Cancellation. EMS ( Electronic Merchants System ) reserves the right to grant a refund or a credit applicable to purchases to the Site at its discretion. The decision to refund a charge does not imply the obligation to issue additional future refunds. Should a refund be issued by EMS ( Electronic Merchants System ) for any reason, it will be credited solely to the payment method used in the original transaction. EMS ( Electronic Merchants System ) will not issue refunds by cash, check, or to another payment mechanism.

11. Cardholder Disputes/Chargebacks

All chargebacks are thoroughly investigated and may prevent future purchases with EMS ( Electronic Merchants System ) given the circumstances. Fraud claims may result in EMS ( Electronic Merchants System ) contacting Subscriber’s issuer to protect Subscriber and prevent future fraudulent charges to Subscriber card.

12. Authorization of Use

Subscribers to the Site are hereby authorized a single access rights to access the service or material located at this website. This access rights shall be granted for sole use to one Subscriber. All memberships are provided for personal use and shall not be used for any commercial purposes or by any other third parties. Commercial use of either the Site or any material found within is strictly prohibited unless authorized by the website. No material within the Site may be transferred to any other person or entity, whether commercial or non-commercial. No material within the Site may be distributed through peer-to-peer networks or any other file sharing platforms. In addition, materials may not be modified, or altered. Materials may not be displayed publicly, or used for any rental, sale, or display. Materials shall extend to copyright, trademarks, or other proprietary notices there from. EMS ( Electronic Merchants System ) and the Site reserve the right to terminate this access rights at any time if the terms of this agreement are breached. In the case that the terms are breached, subscriber will be required to immediately destroy any information or material printed, downloaded or otherwise copied from the site.

13. Transfer of Access Rights

Access to the Site is through a combination of a username and a password. Subscribers may not under any circumstances release their access rights to any other person, and are required to keep their access rights strictly confidential. EMS ( Electronic Merchants System ) will not release passwords for any reason, to anyone other than the Subscriber, except as may be specifically required by law or court order. Unauthorized access to the Site is a breach of this Agreement. Subscribers acknowledge that the owner of the Site may track through the use of special software each Subscriber’s entry to the site. If any breach of security, theft or loss of access rights, or unauthorized disclosure of access rights information occurs, Subscriber must immediately notify EMS ( Electronic Merchants System ) or the Site of said security breach. Subscriber will remain liable for unauthorized use of service until EMS ( Electronic Merchants System ) or the site is notified of the security breach by e-mail or telephone.

14. Sanction and Approval of Adult Material

This Site contains age-restricted materials. If Subscriber is under the age of 18 years, or under the age of majority in the location from where accessing this Site Subscriber does not have authorization or permission to enter or access any of its materials. If Subscriber is over the age of 18 years or over the age of majority in the location from where accessing this site by entering the website you hereby agree to comply with these terms and conditions.

15. Prohibited Uses

You agree that you will not use or attempt to use any method, device, software, or routine to harm others or interfere with the functioning of the Website, or use and/or monitor any information in or related to the Website for any unauthorized purpose.

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content. Any determination regarding breach of any of the following is final. Please review the following list of prohibited uses carefully before using the Website. Specifically, you agree not to use any of the Website to:

  • violate any law or encourage or provide instructions to another to do so;
  • act in a manner that negatively affects other Users’ ability to use the Website, including without limitation by engaging in conduct that is harmful, threatening, abusive, inflammatory, intimidating, violent or encouraging of violence to people or animals, harassing, stalking, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable;
  • post any Content that depicts any person under 18 years of age (or older in any other location in which 18 is not the minimum age of majority) whether real or simulated;
  • post any Content for which you have not maintained written documentation sufficient to confirm that all subjects of your posts are, in fact, over 18 years of age (or older in any other location in which 18 is not the minimum age of majority);
  • post any Content depicting underage sexual activity, non-consensual sexual activity, revenge porn, blackmail, intimidation, snuff, torture, death, violence, incest, racial slurs, or hate speech, (either orally or via the written word);
  • post any Content that contains falsehoods or misrepresentations that could damage the Website or any third party;
  • post any Content that is obscene, illegal, unlawful, fraudulent, defamatory, libelous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
  • post any Content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of unauthorized solicitation;
  • post any Content containing sweepstakes, contests, or lotteries, or otherwise related to gambling;
  • post any Content containing copyrighted materials, or materials protected by other intellectual property laws, that you do not own or for which you have not obtained all necessary written permissions and releases;
  • post any Content which impersonates another person or falsely states or otherwise misrepresents your affiliation with a person;
  • use the Website (or post any Content that) in any way that promotes or facilitates prostitution, solicitation of prostitution, human trafficking, or sex trafficking;
  • use the Website to arrange any in-person meetings for purposes of sexual activity for hire;
  • deploy programs, software, or applications designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including by engaging in any denial of service attack or similar conduct;
  • deploy or use programs, software or applications designed to harm, interfere with the operation of, or access in an unauthorized manner, services, networks, servers, or other infrastructure;
  • exceed your authorized access to any portion of the Website;
  • remove, delete, alter, circumvent, avoid, or bypass any digital rights management technology, encryption or security tools used anywhere on the Website or in connection with our services;
  • collect or store personal data about anyone;
  • alter or modify without permission any part of the Website or its content, including ads;
  • obtain or attempt to access or otherwise obtain any Content or information through any means not intentionally made available or provided for through the Websites;
  • exploit errors in design, features which are not documented, and/or bugs to gain access that would otherwise not be available.

Additionally, you agree not to:

  • use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
  • use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website without our prior written consent;
  • use any manual process to download, monitor or copy any of the material on the Website or for any other unauthorized purpose;
  • use any information obtained from or through the Website to block or interfere with the display of any advertising on the Website, or for the purpose of implementing, modifying or updating any software or filter lists that block or interfere with the display of any advertising on the Website;
  • use any device, bots, scripts, software, or routine that interferes with the proper working of the Website or that shortcut or alter Website functions to run or appear in ways that are not intended by the Website’s design;
  • introduce or upload any viruses, Trojan horses, worms, logic bombs, time bombs, cancelbots, corrupted files or any other similar software, program, or material which is malicious or technologically harmful or that that may damage the operation of another’s property or of the Website’s or our services;
  • attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website are stored, or any server, computer, or database connected to the Website;
  • remove any copyright or other proprietary notices from our Website or any of the materials contained therein;
  • attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
  • otherwise attempt to interfere with the proper working of the Website.
16. Monitoring and Enforcement; Termination

We have the right but not the obligation to:

  • remove or refuse to post any Content you submit or contribute to the Website for any or no reason in our sole discretion, including, without limitation, if any information or documentation provided by you is inadequate, incomplete, or inaccurate or does not allow us to assess and confirm your identity;
  • monitor any communication occurring on or through the Website to confirm compliance with these Terms of Service, the security of the Website, or any legal obligation;
  • take any action with respect to any Content posted by you that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates these Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of the Website or the public, or could create liability for us;
  • take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website;
  • terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Service.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any Content on or through the Website. YOU WAIVE AND HOLD US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, AND ASSIGNS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US AS A CONSEQUENCE OF DISCLOSING PERSONAL INFORMATION IN RELATION TO DATA DISCLOSURE REQUESTS FROM LAW ENFORCEMENT AUTHORITIES.

The Website takes a powerful stand against any form of child exploitation or human trafficking. If we discover that any Content involves underage individuals, or any form of force, fraud, or coercion, we will remove the Content and submit a report to the proper law enforcement authorities. If you become aware of any such Content, you agree to report it to the Website by contacting  support@lupeandmicha.com.

To maintain our services in a manner we deem appropriate for our venue and to the maximum extent permitted by applicable laws, the Website may, but will not have any obligation to, review, monitor, display, reject, refuse to post, store, maintain, accept, or remove any Content posted (including, without limitation, private messages, public comments, public group chat messages, private group chat messages, or private instant messages) by you, and we may, in our sole discretion, delete, move, re-format, remove, or refuse to post or otherwise make use of Content without notice or any liability to you or any third party in connection with our operation of the Website in an appropriate manner. Without limitation, we may do so to address Content that comes to our attention that we believe is offensive, obscene, violent, harassing, threatening, abusive, illegal, or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms of Service or any applicable additional terms, including, without limitation, the Content restrictions set forth herein.

However, we do not undertake to review Content before it is posted on the Website and cannot ensure prompt removal of objectionable Content after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or Content provided by any User or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

17. Account Termination Policy

While pornographic and adult-oriented Content is accepted, the Website reserves the right to decide whether Content is appropriate or violates these Terms of Service for reasons other than copyright infringement and violations of intellectual property rights, such as, but not limited to, obscene or defamatory material. The Website may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a User’s account for submitting such material in violation of these Terms of Service.

If you violate the letter or spirit of these Terms of Service, or otherwise create risk or possible legal exposure for us, we can terminate access to the Website or stop providing all or part of the Website to you.

18. Supplementary Terms and Conditions

The Site may have additional Terms and Conditions that are an integral part of their offering to the Subscriber, and are in addition to these Terms and Conditions. Such Terms and Conditions as listed at the site will in no way invalidate any of the Terms and Conditions listed here. This Agreement shall be construed and enforced in accordance with the Laws of Cyprus applicable to contracts negotiated, executed, and wholly performed within said Country. Disputes arising hereunder shall be settled in Cyprus.

19. Severability

If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

20. Notice

Notices by the site to subscribers may be given by means of electronic messages through the site, by a general posting on the site, or by conventional mail. Notices by subscribers may be given by electronic messages, conventional mail, telephone or fax unless otherwise specified in the Agreement. All questions, complaints, or notices regarding the site must be directed to EMS ( Electronic Merchants System ). All cancellations of service to a site must also be directed to EMS ( Electronic Merchants System ).

Questions and Contact Information All questions to EMS ( Electronic Merchants System ) regarding these terms and conditions must be directed to:

For billing issues billing@lupeandmicha.com
For support/technical issues support@lupeandmicha.com
For marketing issues marketing@lupeandmicha.com

21. Disclaimer

USER UNDERSTANDS THAT LUPE AND MICHA CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. USER IS RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY SUBSCRIBER PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. LUPE AND MICHA DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR SUBSCRIBER USE OF THE INTERNET.

USERS USE OF THE SITE IS AT THEIR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. LUPE AND MICHA DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. LUPE AND MICHA DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LUPE AND MICHA DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND LUPE AND MICHA MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. USER, AND NOT LUPE AND MICHA, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR ITS CONTENT. LUPE AND MICHA MAKES NO WARRANTIES THAT SUBSCRIBER USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. LUPE AND MICHA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENT’S APPROPRIATENESS OR AUTHORIZATION FOR USE IN ALL COUNTRIES, STATES, PROVINCES, COUNTY OR ANY OTHER JURISDICTIONS. IF SUBSCRIBER CHOOSES TO ACCESS THE SITE, SUBSCRIBER DO SO ON SUBSCRIBER OWN INITIATIVE AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.

22. SUBSCRIPTION FEES AND USER COMMUNICATION

Subscription and Membership fees to Site are subject to change at any time at the sole and absolute discretion of EMS ( Electronic Merchants System ). The official standard membership rates for the Site shall be set forth at the following link: https://lupeandmicha.com. The current monthly membership rate which will appear on Subscriber credit card bill, will be debited from Subscriber account, charged to Subscriber telephone, etc., depending Subscriber, choice of payment means.

“OPT-IN AND USER COMMUNICATION” – Subscriber’s expressly and specifically acknowledges and agrees that his email address or other means of communicating with subscriber may be used to send him offers, information or any other commercially oriented emails or other means of communications. More specifically, some offers may be presented to the subscriber via email campaigns or other means of communications with the option to express the subscriber’s preference by either clicking or entering “accept” (alternatively “yes”) or “decline” (alternatively “no”). By selecting or clicking the “accept” or “yes”, the subscriber indicates that the subscriber “OPTS-IN” to that offer and thereby agrees and assents that the subscriber’s personal information, including its email address and data may be used for that matter or disclosed to third-parties.”

“OPT-OUT AND USER COMMUNICATION” – Subscriber’s expressly and specifically acknowledges and agrees that his email address or other means of communicating with subscriber may be used to send him offers, information or any other commercially oriented emails or other means of communications. More specifically, other offers may be presented to the subscriber via email campaigns or other means of communications with a pre-selected preference or choice. If the subscriber does not deselect the pre-selected preference of choice (i.e. “OPT-OUT” of the offer) then the site may transfer the subscriber’s personal profile information to the third-party service or content provider making the offer. If the subscriber deselects the pre-selected preference then no personal information about the subscriber may be disclosed to any third-party service or content provider.

23. Sponsors, Advertisers and Third Parties

The Site may provide links to sponsor, advertiser, or other third party websites that are not owned or controlled by Lupe and Micha. Inclusion of, linking to, or permitting the use or installation of any third party site, applications, software, content or advertising does not imply approval or endorsement thereof by Lupe and Micha. Lupe and Micha has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third parties. By accessing or using the Site, you agree to release Lupe and Micha from any and all liability arising from your use of any third-party website, content, service, or software accessed through the Site.

Your communications or dealings with, or participation in promotions of, sponsors, advertisers, or other third parties found through the Site, are solely between you and such third parties. You agree that Lupe and Micha shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with such sponsors, third parties or advertisers, or as the result of their presence in the Site.

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