Micawber Systems Ltd owns and maintains www.Customs4U.com, which provides a place where consumers can purchase custom video clips, pre-made video clips, and other items from content producers. Throughout this agreement the content producers are referred to as 'performers'. Similarly, the company (Micawber Systems Ltd) and the website (www.Customs4U.com) are referred to jointly throughout this agreement as 'Customs4U.com'. In all these services it is an express condition that Customs4U.com is acting as an agent for the performers. This website provides the consumer with a Customs4U account, where once logged in, the consumer can download previously purchased content. The content on this website is streamable and/or downloadable from the consumer's library. Individuals or businesses can open a performer account on Customs4U.com, thereby allowing consumers to purchase content from them.
In all these services, it is an express condition that Customs4U is acting as an agent for the performers. This website provides the consumer with a Customs4U account, where once logged in, the consumer can download previously purchased content or purchase new content which can be found in the consumer's 'library' on their customer dashboard. Individuals or businesses can open a performer or studio account, thereby allowing consumers to purchase content from them.
1. Age restriction
Performers, studio operators and customers must be at least 18 years of age to create an account on Customs4U.com. Customs4U admin reserves the right to verify proof of age or deny anyone they suspect of being under the age of 18 an account.
2. Free account creation
A Customs4U account registration is available 100% free of charge to performers, studios and customers over the age of 18. To register, please click here.
2. Content copyright.
Performers retain the sole copyrights on any content they upload to Customs4U. It is therefore illegal for a customer to re-distribute or re-sell any content downloaded from Customs4U without the express consent of the intellectual copyright owner. If customers are found purchasing and re-distributing content without express permission of the intellectual copyright holder, their account will be closed and any credits forfeited.
Performers and studios must first own the copyright to the content they upload to their store. If performers or studios are found to be uploading content to which they have no copyright, their account could be closed and the content deleted without notice from Customs4U. Funds from sales made by this performer or studio that have not yet been disbursed as payout will be forfeited.
Customs4U retains the right to convert the content's original file type if needed in order to make the uploaded content work with the Customs4U platform. In no way does this change the ownership of the content.
If content is found on the site not being owned by the performer or studio who uploaded it, please send your completed DMCA notice to firstname.lastname@example.org
4. Content purchase on Customs4u
Content and services can be purchased from performers and studios via credits. Credits can be purchased by registered and logged in customers by visiting the purchase credit page in their dashboard. Credits hold no cash value.
3. Refund Policy
Customs4U currently provides 2 different payment methods for content and services, the Buy Now and credits. Each type of purchase method has it's own refund policy, which is listed below. All decisions made by Customs4U in regards to refunds are final.
Buy Now via Credit Card: buy now is available for tributes and clip purchases. Customs4U maintains a strict no refund policy on all purchases or tributes made through the Buy Now option. It is the customer's responsibility to make certain that the content purchased is what he or she intended to purchase.
Credit Package Purchases via Credit Card: credits can be used on Customs4U exclusively for purchase of custom videos, as well as live services (as well as clips and tributes). Customs4U will refund the entirety of a credit package to the customer's credit card, minus the initial transaction cost of 11% within 30 days of the refund request provided that the following stipulation is met:
The customer has not spent any credits from the credit package (including any bonus credits that may have been given as part of the purchase). This means the full amount of credits from the purchase are still to be found on the customer's account.
In rare circumstances that there are issues with the site that results in the loss of credits, provided that it is not user error, Customs4U may at its own discretion issue partial or full refund of credits.
All prices on Customs4U are set by each individual performer and can be changed without prior notice, at their sole discretion. Rates posted on the performer's profile or video store at the time of purchase will be the prevailing price applied to the purchase.
Note: in the case a customer decides to dispute the purchase with the bank (i.e. make a chargeback), the account of the customer will be immediately closed without prior notice to the customer and all content will become inaccessible. In addition to the immediate closure of the customer's account, the payment processor for the website will blacklist the customer from being able to make further purchases. The decision of Customs4U and the credit card processor(s) is final.
4. Custom Clips Policy
Custom videos have a 24 hour grace period after the delivery time expires. After the 24 hour grace period, the customer may go, at his discretion, and request funds to be returned to his account at any time. It is up to the customer if he would like to give the performer or studio additional time to upload the purchased custom video.
The performer agrees by accepting a custom video, that he/she will do their best to fulfill the order to the best of their ability as described by the customer. However, if the performer can not reasonably fulfill the request, the performer reserves the right to decline a custom video clip request that the customer makes. In the event that a video is declined, the full amount of credits will be refunded to the customer's account.
5. Customs4U.com Liability
Performers and customers recognize that Customs4U is not the owner of the content uploaded, and has no liability regarding the use of any uploaded content. Customs4U shall not be liable either for any damages resulting from service interruption, or from infrastructure or hardware failure, leading to loss of business, information or content. Performers and customers agree that Customs4U cannot be held liable for the infringement of intellectual property or other rights, and is not liable for any offensive, defamatory or otherwise illegal behavior by any third party.
Further, there is acknowledgement that Customs4U does not guarantee our vouch for the accuracy or truthfulness of any message, communication, information, or content which has been posted by our 3rd party independent publishers.
By using Customs4U, the company is released from all liability and responsibility in connection with all the Content and all other information, messages, communication, or other materials received from the company, site affiliates, and content providers.
6. 'Tributes and Tips'
A tribute or tip is a monetary gift (in the form of credits) and the customer acknowledges and agrees that there are no actual goods (tangible or intangible) and no services being provided in exchange of a tribute. Customs4U does not accept refund requests on 'Tributes' under any circumstance.
If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that fact shall not affect the validity or enforce ability of any other provision of this Agreement.
8. Agreement acceptance
By purchasing a product/giving a tribute on Customs4U, the customer acknowledges having read, understood and accepted this Agreement in its entirety. Customs4U may change the terms of this Agreement at any time. It is the customer's responsibility to keep current with the changes in the Agreement. The customer's continued use of Customs4U after a change in the Agreement implies an acknowledgement and acceptance of its new terms.
9. Content Restrictions
Customs4U.com does NOT allow the uploading or downloading of the following prohibited content:
Other Prohibited Content
10. Section 230 Notice
Customers and performers please note:
Section 230 Notice: You acknowledge Your responsibility to prevent minors under Your care from accessing harmful or inappropriate material. You agree not to allow minors to view any such content, and You agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors' access to harmful or inappropriate material. Pursuant to 47 U.S.C. §230(d), You are hereby informed that You can research such services at websites such as: http://www.getnetwise.org or http://www.child-internet-safety.com/internet_filters.php, among others. Please note that We make no representation or warranty regarding any of the products or services referenced on such sites, and We recommend that You conduct appropriate due diligence before purchasing or installing any online filter. You agree to take particular steps to prevent minors from viewing Our Site or the content received via Our Services if Your computer or mobile device can be accessed by a minor. Finally, You agree that if You are a parent or guardian of a minor child, it is Your responsibility, not Ours, to keep any age-restricted content on Our Site or Services from being displayed or accessed by Your children or wards.
You believe that, as an adult, You have the inalienable right to purchase/view any content You deem advisable. You do not in any way find the content of the website obscene and/or offensive. Viewing content you have purchased from a perfomer does not in any way infringe the norms or law of Your neighbourhood, town, city, county, state or country.
You hereby discharge, acquit, and otherwise specifically release Customs4U, Our parent company, Our agents, employees, officers, directors, shareholders, and lawyers, from any and all allegations, counts, charges, debts, causes of action, and claims relating in any way to the use of, or activities relating to the use of, the Site and Services including, but not limited to claims relating to the following:
Sexual Harassment, Negligence, Gross Negligence, Reckless Conduct, Alienation of Affections (to the extent recognized in any jurisdiction), Intentional Infliction of Emotional Distress, Intentional Interference with Contract or Advantageous Business Relationship, Defamation, Violation of Publicity or Privacy Rights, False Light Claims, Intellectual Property, Misrepresentation or any claim based on vicarious liability for Torts or other wrongful acts committed by individuals met on or through the Site and Services, including but not limited to fraud, financial crimes, assault, battery, stalking, rape, theft, cheating, perjury, manslaughter, or murder.
The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by You. This release is intended by the parties to be interpreted broadly in favor of Customs4U, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith. Nothing contained in this section is intended to limit the scope of releases and / or indemnification contained elsewhere in this Agreement.
You are fully liable for any false disclosures and responsible for any legal ramifications that may arise from the viewing or downloading of material from Customs4U, and its affiliates cannot be held responsible for any legal ramifications that may arise as a result of fraudulent entry into, or use of, this website and/or material contained herein.
In case there is any part of the above statements You do not accept, or You are not aware of pertinent laws and regulations DO NOT ENTER THE WEBSITE!
This warning page constitutes a legal Agreement between Customs4U.com and Yourself, as well as any business entity of which You have any legal or equitable interest. If any portion of this Agreement is deemed unenforceable by a Court of competent jurisdiction, it shall not affect the enforce-ability of the other portions of this Agreement.
We would like to inform You, for ALL legal statements, statutory declarations made by Customs4U.com and its Owner, and can be found on the site we can ONLY take the ENGLISH version as a basis and underlying! We DO NOT accept any kind of legal claims, or other complaints for the misunderstandings as a result of the mistranslations! Customs4U.com does not give a guarantee for the information published herein. Furthermore appearance of content on the website does not necessarily mean that Customs4U.com supports the author or takes the responsibility for this content.
For any enquiries, please email: email@example.com