TERMS AND CONDITIONS OF MEMBERSHIP

You must read and agree to the terms and conditions of this Membership Agreement before You can become an active member of any of web sites within our network of web sites (the "Website").

1a. PARTIES TO THIS AGREEMENT AND CONSIDERATION The parties to this Membership Agreement (the "Agreement") are You (the "Member"), and Company (the "Company").

1a.1 By accessing the members-only materials at Website and for other good and valuable consideration, the sufficiency of which is acknowledged by You and the Company, You hereby agree to become a member of Website, and agree to be bound by all the terms and conditions set forth in this Agreement.

1a.2 The Company agrees to provide to You all the privileges of membership including full, unrestricted access to the Members-only materials at the Website which are available to Members in good standing, subject to the following conditions:
(i) Your acceptance of all of the terms and conditions and privileges set forth in this Agreement relating to Members; and (ii) Your payment of all required membership fees.
1a.3 This Agreement is subject to change by the Company at any time and changes shall become effective upon notice to Members by e-mail, posting at or via hyperlink to the Website, or by mail. New terms and conditions will become effective within 48 hours of posting. If you disagree with the updated terms and conditions, then you must cancel your Membership within those 48 hours. Please notify us via email if you would like to be informed when this page changes.
2. TERMS, CONDITIONS AND PRIVILEGES OF MEMBERS. By accepting the Membership to the Website and by accessing the contents of the Website You agree to the following terms and conditions relating to Members:

2.1 Your Membership Privileges will entitle You to full 24 hour unrestricted simultaneous access to every section of Website for a period of 1 MONTH. Your membership will start on the day you submit Your Membership application to Website and pay Your Membership fee.
2.2 The Membership fee that You will be charged will be determined by the specific Membership Term that You select. The Premium Membership Term Options are as follows:
(i) THE MONTHLY MEMBERSHIP FEE is $29.99, however, from time to time we offer discounted memberships. If you sign up under a promotional discount, you will be billed at the promotional price.
2.3 You agree that Membership fees are earned upon receipt by the Company and are non-refundable whether or not the Membership is subsequently terminated or cancelled at Member's request or by the Company because of Member's breach of this Agreement.
2.4 You agree to pay Company all other fees and/or charges for goods and services which You order at, through and/or from the Website.
2.5 You hereby agree that payment for any services requested or chosen by You, including Membership fees, may be made by credit card debit to any credit card number that You have supplied to Website, or by any other payment instrument which you have provided to Website.
2.6 If You wish to cancel your Membership You must notify the Company's Customer Service via e-mail, conventional mail or by telephone. However, You understand and agree, as set forth above, that once You have submitted an application for Membership and have authorized payment for that Membership, You will not be entitled to a refund for any cancelled or terminated account. The methods of notifying the Company are as follows:
  1. by means of e-mail to admins@publiccardservices.com
  2. by conventional mail to Public Card Services, Inc P.O. Box 11898 Zephyr Cove, NV 89448
  3. by telephone to Customer Service Department during normal business hours to (877) 974-8900. International #001 775-586-7101
2.7 Fees for Memberships to the Website are subject to the sole and absolute discretion of Company and may be changed from time to time.
3. GRANT OF LIMITED LICENSE WITH RESERVATIONS. You acknowledge and agree that all materials contained at the Website are proprietary and constitute valuable intellectual property owned by the Company or others who have licensed use of such materials to the Company. You acknowledge and agree that as such You may only access, view, download, receive and otherwise use the materials available at the Website only as authorized by the Company.
3.1 You acknowledge that you understand that the Company does not authorize access to any part of the Website in any manner contrary to the express provisions of this Agreement.
3.2 You further represent and warrant to the Company that your agreement to these terms and conditions constitutes an agreement that You shall not access, or attempt to access, any materials available at the Website in a manner not expressly authorized by the Company. You agree and warrant that You shall at no time access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use materials, directly or indirectly in places which the Company does not authorize such access, viewing, downloading, receipt or other use. The required age for our sites is 18 (21 in AL, MS, NE, and WY)
3.3 You hereby acknowledge and agree that Company does not authorize access to any parts of the Wesite in any manner which bypasses this Agreement. You further acknowledge and agree that You may not "bookmark" photographs, videoviewers or other materials inside the website or directly access files which are a part of the website except through appropriate authorization pages as specified by the Company and you further agree that You shall not attempt to do so. 3.4 You hereby acknowledge that You understand that the Company (and all persons affiliated therewith) does not authorize the accessing, viewing, downloading, duplication, receiving, transmission, broadcasting or other use of the materials contained on the Website, to or by any person, INCLUDING YOU, who is located in any of the areas designated as PROHIBITED AREAS below.
3.4 You further acknowledge that You understand and agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of materials from the Website, in which You are directly or indirectly involved, including, but not limited to accessing, viewing, downloading, receiving or other use of materials in PROHIBITED AREAS in any manner shall constitute intentional infringement(s) of the Company's and potentially others' intellectual property rights and other rights in such materials and shall further constitute a violation of Company's trademark and other rights, including, but not limited to, rights of privacy.
4. PROHIBITED AREAS. All of the following areas constitute PROHIBITED AREAS from which no part of the Website may be accessed, viewed, downloaded or otherwise received by You or any other party:
4.1 All parts of the United States of America corresponding to the entire areas corresponding to United States Postal Service zip codes commencing with any of the following three digits: RESTRICTED ZIP CODES
4.2 All parts of the following countries: Afghanistan, Germany, Kuwait, Iran, Iraq, Japan, Jordan, Libya, Pakistan, The Republic of China, Singapore, Saudi Arabia, Syria, The United Arab Emirates; and
4.3 All parts of every other geophysical place corresponding to a political entity or part thereof in which the access, viewing, downloading, dissemination of, or other use of the materials contained in the Website would constitute a violation of any law, regulation, rule or custom.
5. INDEMNIFICATION. You agree to be personally liable and fully indemnify the Company and its successors and assigns for any and all damages directly, indirectly and/or consequentially resulting from any attempted or actual unauthorized downloading or other duplication of materials from the Website by You alone, or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of materials from the Website including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney's fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).

6. You agree that as a Premium Member, You must promptly inform Company of any and all the following: loss or theft of the credit card used to pay for Membership to the Website or other goods or services obtained in, at or through the Website; changes in the expiration date of the credit card; changes in home or billing address; apparent breaches of security regarding Your Membership, such as loss, theft, unauthorized disclosure or use of an ID or password; and all other changes pertaining to Your credit card account used to pay for services pursuant to this Agreement which may affect Company's ability to expeditiously obtain payments due to Company. Until Company is notified of a such loss, theft, changes in expiration dates or billing, or breaches in security by electronic mail at admins@publiccardservices.com or by conventional mail at Public Card Services, Inc P.O. Box 11898 Zephyr Cove, NV 89448.

6.1 You further acknowledge and agree that You will remain liable to the Company for any unauthorized use of the Website associated with Your Membership.
7. PAYMENT AUTHORIZATION/ NOTICE OF LOST OR STOLEN CARD/ FRAUDULENT USE OF CARD. You hereby authorize Company or its designated agent or assignee to charge Your credit card (or other approved facility) for any and all puchases of products, services and entertainment provided to You by Website which you have choosen or authorized.
7.1 You further agree that as a Member, You must promptly inform Company of any and all the following: loss or theft of the credit card used to pay for Membership to Website or other goods or services obtained in, at or through Website; changes in the expiration date of the credit card; changes in home or billing address; apparent breaches of security regarding Your Membership, such as loss, theft, unauthorized disclosure or use of an ID or password; and all other changes pertaining to Your credit card account used to pay for services pursuant to this Agreement which may affect Company's ability to expeditiously obtain payments due to Company. You agree that You will remain liable for any unauthorized use of Website or any of its services associated with your Premium Membership, until You have notified Company's Customer Service of a such loss, theft, changes in expiration dates or billing, or breaches in security as follows:
  1. by means of e-mail to admins@publiccardservices.com; or
  2. by conventional mail to Public Card Services, Inc P.O. Box 11898 Zephyr Cove, NV 89448; or
  3. by telephone to Customer Service Department during normal business hours to (877) 974-8900.
Upon request, Members will be given access to billing records associated with Member's account that support the charges for the use of the Website or for services or goods provided by the Website.
7.2 You agree not to report as lost or stolen any credit card which You have used in conjunction with payment to Website or as unauthorized any charge by Website for any goods or services, including membership fees, which You do not have good reason to believe is, in fact, lost, stolen or unauthorized.
7.3 You hereby agree that any fraudulent reporting of a lost or stolen credit card used to obtain goods or services from Website or any fraudulent reporting of an unauthorized charge to Website on Your credit card which has been made by You or anyone under Your authority, at a time when a charge or other obligation for payment for goods and/or services to Website remains outstanding at the time of such fraudulent reporting, You shall be liable to the Company for liquidated damages of $25,000.00. The liability for liquidated damages specified in this Paragraph shall not limit any other liability You may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement.
8. TRANSFER OR ASSIGNMENT OF MEMBERSHIP. You agree that as a Member You shall not, under any circumstances, have the right to transfer or assign Your membership to any other person or entity, and that any attempted transfer or assignment of a membership shall be void.
8.1 Your further agree that the Company, may at any time at its sole discretion and without prior notice to You, transfer or assign Your membership in the Website to an affiliated or non-affiliated Company.
8.2 You further acknowledge and agree that You will remain liable to the Company for any unauthorized use of the Website associated with Your Membership.
9. TERMINATION OF MEMBERSHIP. Membership to the Website may be terminated at any time by Company for a Member's breach of this Agreement. If Your membership to the Website is terminated by the Company because of Your breach of this Agreement, You agree to be personally liable for all charges incurred by You during or through the use of the Website. Your liability for all charges incurred during Your Membership term shall continue after termination of Your Membership. A Member whose Membership has been terminated by the Company for Member's breach of this Agreement shall not be entitled to a refund of that Member's paid Membership Fee.

10. PASSWORD SECURITY. Members are responsible for providing all personal computer and communications equipment necessary to gain access to the Website. Access to and use of the Website is through the use of a password. Each Member must keep his password strictly confidential. For security reasons, the Website will not release passwords. Unauthorized access to the Website is a breach of this Agreement and may be a violation of law. You acknowledge and give Your permission to the Company to collect statistical information on Your source Internet Provider address, and agree that if You share Your unique Login name and/or my Password with another individual that Your access to the Website is subject to immediate termination without notice or reimbursement of any kind.

11. LIMITED GRANT OF LICENSE. Subject to all the terms and conditions set forth herein, the Company hereby grants You a limited, non-exclusive and non-transferable license to use graphic files, audio files, video files, text, hyperlinks, interlinks, search engines, and other software ("Materials") associated with authorized Member use of the Website which Company provides during the period in which You are a current Member in good standing.

11.1 You may use the Materials only in accordance with the terms and conditions of Your membership, only on one computer at a time and, if downloadable copies of the Materials are made available by the Website, You may make only a single copy of such Materials for Your personal use and enjoyment.
11.2 You may not remove any propriety notices from Materials at any time. You may make no use of Materials not expressly authorized herein or by prior express written authorization from Company.
11.3 Prohibited uses, include, without limitation:
  1. permitting other individuals to directly or indirectly use the Materials;
  2. modifying, translating, reverse engineering, decompiling, disassembling the Materials (except to the extent applicable laws specifically prohibit such restriction);
  3. making copies or creating derivative works based on the Materials except as provided herein;
  4. renting, leasing, or transferring any rights in the Materials;
  5. removing any proprietary notices, including copyright and trademark notices, or labels on the Materials; and
  6. making any other use of the Materials not specifically authorized by the Company.
11.4 This license does not grant You any rights to any software enhancements or updates of any kind.
12. COMPANY'S PROPRIETARY RIGHTS TO CONTENT. Except for public domain material or material otherwise licensed to Company for electronic dissemination, all Materials displayed at or otherwise available through the Website are proprietary, and, except for initial downloading, may not be copied, redistributed, or downloaded, in whole or in part, without the prior written authorization of Company. All editions of the Website, and all Materials and other matter used directly or indirectly in, at, by, through and/or with the Website are protected by the copyright laws of the United States, international copyright treaties and other laws and regulations. All rights are reserved.
12.1 All intellectual property and other rights in and to the Materials and other matter at the Website shall at all times remain in Company, its parent(s), subsidiary(ies), licensee(s) and assign(s). All intellectual property and other rights in and to any intellectual property content accessed through the Materials is the property of the applicable content owner, which may be the Company, its parent(s), subsidiary or subsidiaries, licensee(s) and assign(s), or others, and may be protected by applicable copyright and/or other laws.
12.2 The limited and non-exclusive license granted to You herein grants to You no rights to use such content except as set forth herein. This license will immediately terminate automatically if You fail to comply with the limitations described herein, breach any other provision of this Agreement, cease, for any reason, to be a Member in good standing, or are notified of its termination by the Company or its authorized agent(s). You agree that upon such termination, You will immediately destroy all copies of the Materials in Your possession.
13. LIMITATIONS ON COMPANY'S LIABILITY. You agree that Materials and all other services provided to You by Company are provided on an "AS IS" basis, without warranties of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Materials and all services provided by Company is borne by You. Should the Materials or any other service provided by Company prove defective and/or cause any damage to Your computer or inconvenience to You, You, and not Company, assume the entire cost and all damages which may result from any and all such defects. Under no circumstances and under no cause of action or legal theory, shall Company, its suppliers, licensees, resellers, or other Members, or their suppliers, licensees, resellers or Members be liable to You or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages resulting from any use of Materials or other use of the Website. Any liability of Company, 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, tortious behavior, negligence, or under any other cause or action, shall be strictly limited to the amount of membership fee paid by or on behalf of the Member to Company for the preceding month. This disclaimer of warranty constitutes an essential part of the Agreement. Some states do not allow exclusions of an implied warranty, so this disclaimer may not apply to You and You may have other legal rights that vary from state to state or by jurisdiction.
13.1 In consideration for offering a Membership, Member hereby agrees that company shall not be liable under any circumstances for any damages for any cause, 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, tortious behavior, negligence, or under any other cause or action. 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.
13.2 Company is not liable for damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any Materials, data, advertisement or other communication at or through the Website.
13.3 No warranty is made by Company regarding any information, services, Materials or products provided through or in connection with the Website, and Company hereby expressly disclaims any and all warranties, including without limitation: 1) any warranties as to the availability, accuracy, or content of Materials, 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.
14. NO ENDORSEMENT OF THIRD PARTY CONTENT. Company does not screen or endorse advertisements or communications submitted to the Website by third-party licensees, advertisers, or Members for electronic dissemination through the Website. Members are therefore advised to use their own judgment to evaluate all advertisements and other communications available at or through the use of the Website prior to purchasing goods and/or services described at the Website or otherwise responding to any communication at the Website.

15. TRADEMARK AND SERVICE MARK. No use of any of Company’s trademarks or service marks shall be permitted except through the prior written authorization and permission of the COMPANY. All rights reserved.

16. PRIVATE USE OF MATERIALS. All materials included at the Website are for the private use by Members only. No other uses are intended by the Company and any other use is strictly prohibited by the Company and will constitute a violation of its limited license and authorization of use.

17. LIABILITY OF MEMBERS FOR INFORMATION THEY POST. If the Company should at any time provide any service which enables Members to communicate with or otherwise share information with other Members or persons providing any kind or service to Members, or post information at, in or on the Website, You agree and warrant that you shall not post, submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, or illegal material or any material which would violate or infringe the copyright, trademark, rights of publicity, privacy rights or other rights of any person while connected to or otherwise directly or indirectly using the Website or other services provided to You by Company. You acknowledge that transmission of such material or any material that violates any federal, state, or local law in the United States or anywhere else in the world, is strictly prohibited and You Agree that any transmission of such material by You shall constitute a material breach of this Agreement entitling Company, without notice and without any liability for damages or reimbursement to You, to immediately terminate Your membership and Your rights to access to the Website. You further agree to indemnify the Company and its representatives for any claims or suits arising from your use of this Website in violation of this agreement and warranty.

17.1 You acknowledge and agree that You, and not the Company, shall be solely responsible and liable for all damages, liability or other consequences, foreseen or unforeseen, of all information which You submit, publish, display, disseminate or otherwise communicate through the Website even if a claim for damages or liability should arise after termination of service.
17.2 If the Company provides any such service described herein, You agree that all messages and other communications by You shall be deemed to be readily accessible to all other Members who are authorized to access the Website and agree that all such messages and other communications shall not be deemed to be private or secure. Regardless of whether the Company provides any type of service described herein, You agree that You have hereby been informed and noticed that any and all messages and other communications which You submit to Company directly or through the Website can be read by the operators and/or other agents of Company, whether or not they are the intended recipient(s).
18. NOTICES TO COMPANY OR MEMBERS. Notices from the Website to Members may be given by means of electronic messages, by general posting on the Website, or by conventional mail. Communications from You to the Company may be made by electronic messages or conventional mail, unless otherwise specified in the Agreement.
18.1 All questions, complaints, and notices to Company by means of electronic mail must be sent to Customer Service at: admins@publiccardservices.com.
18.2 All questions, complaints, or notices to Company by conventional mail must be sent to Customer Service at: Public Card Services, Inc P.O. Box 11898 Zephyr Cove, NV 89448.
18.3 All questions, complaints, or notices to Company by telephone must be directed to Customer Service at: (877) 974-8900. International #001 775-586-7101
19. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the Member and Company regarding Members' use of the Website, and all materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by Company.
19.1 You acknowledge and agree that the terms and conditions of this Agreement are subject to change by Company at any time and shall be effective after notice to Members by e-mail, posting at or via hyperlink to the Website, or by mail.
20. VENUE AND JURISDICTION, CHOICE OF LAW, ARBITRATION. This Agreement shall be governed by and construed under the laws of the State of California and the United States as applied to agreements between California state residents entered into and to be performed within the State of California, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
20.1 Any and all disputes as to the interpretation of or any performance under these Terms and Conditions which are not first resolved informally, shall be determined by binding arbitration in Los Angeles, California, in accordance with the rules of the American Arbitration Association. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the State of California and the United States.
21. UNENFORCEABILITY OF PROVISIONS. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.

22. AFFIRMATION OF AGREEMENT. You hereby acknowledge and affirm that you have read this entire agreement and that you AGREE to all its terms and conditions as evidenced by any of the following:

  1. Accessing any of Company’s web sites;
  2. Having Agreed to prior versions of Terms and Conditions that permit said Terms and Conditions to be modified;
  3. Failing to cancel your membership within 48 hours of attempted notice by Company to You of a modification of these Terms and Conditions.
You further acknowledge and affirm that you are hereby authorizing or reauthorizing the use of your credit card or other payment instrument which you have provided or previously provided for payment of charges and fees for you maintaining a membership to the Website and for any other charges which you may incur for goods or services ordered at or in association with the Website.

23. PRIVACY POLICY

What kind of information do you collect?
When you join the membership portion of our web site you are asked to provide such information such as, but not limited to, your name, address, e-mail, username and password, credit card number and expiration date, and birth date. When you participate in special events such as contests and polls, you may be asked to provide your name, e-mail, username and password, and birth date. When users request pages from our server, our Web server automatically collects some information about the users, including their IP addresses. We also collect information regarding your use of our site through the use of cookies. If you send us personal correspondence, such as emails or letters, we may collect such information into a file specific to you. We will maintain a record or notes of communications with you regarding your account.

Who sees my information?
We do not, and will not, distribute, rent or sell any personally identifiable information to third parties without your express consent, other than as necessary to process your credit card payment, unless requested via a subpoena, court order, or local, state, federal or international law enforcement request.

How do you use my information?
We use you information in order to process your credit card payment, to facilitate your viewing of our web site and to communicate with you. We also use this information to compile broad demographic and web site usage information about our users in general that does not contain anything that could be used to identify you personally. We use your e-mail address to send occasional e-mail newsletters and promotional e-mail to you about services and products offered by us or by other parties which we feel may be of interest to you. We will not spam you and honor all removal requests immediately.

How secure is my information?
Site owner takes reasonable precautions to maintain the security of any information obtained from and about you. We provide you with a secure web page through which to submit your billing information when you join the membership portion of our web site. We maintain your personally identifiable information in a reasonably secure manner including storing such information behind firewalls.

I've got more questions – can you help?
Site owner recognizes the importance of protecting your privacy. If you have any questions about this Privacy Statement, the practices of this web site or your dealings with this site, please contact us by mail at Public Card Services PO Box 11898, Zephyr Cove, NV, 89448.Please note that persons under the age of 18 are prohibited from viewing our web site, and site owner does not collect any personal information from persons under the age of 18. Please also note that site owner is not responsible for the content or the privacy polices of web sites to which it may provide links or the websites of its advertisers.