Revised :   October 11, 2007

PLAYBOY PASSPORT TERMS AND CONDITIONS

The Playboy Passport service (the "Service") is a members-only concierge program.   The Service is operated, administered and made available to members (each, a "Member" and, as used herein, "you") by a third party licensee to certain trademarks and service marks owned by Playboy Enterprises International, Inc. ("PEI").   PEI does not own or operate the Service and its role is limited to licensing certain of its trademarks to the Service, promoting the Service to select individuals and acting as a Supplier for certain functions and benefits.   The Service is accessed online through the Playboy Passport website at www.playboypassport.com (the "Site").   These Playboy Passport terms and conditions (the "Terms and Conditions") govern the Service and each Member's use of the Service, and are binding as between each Member and any party, including third party licensees, administering the Service.   All Members agree to fully abide by these Terms and Conditions.   In addition, when obtaining goods or services from a Playboy Passport service provider offering its goods or services through the Service (each, a "Supplier"), you may be subject to additional terms and conditions applicable to the goods or services offered.   Hereinafter, reference to "Playboy Passport" and the "Service" includes third party licensees.

By applying for membership ("Membership") or using your Membership, you agree that:   (a) you have read, understood and accepted these Terms and Conditions; (b) you are eligible for Membership; and (c) you consent to Playboy Passport processing and disclosing your personal data in accordance with the Playboy Passport privacy policy [ Note:   insert hyperlink to privacy policy ] (the "Privacy Policy"), incorporated by reference into these Terms and Conditions.

1. GENERAL MEMBERSHIP TERMS

1.1. All interpretations of these Terms and Conditions, shall be at Playboy Passport's sole discretion, and all decisions shall be final.  

1.2. Membership to the Service is available to individuals at least 21 years of age (or the age of majority in the applicable jurisdiction where the Service is legal under local laws if the age of majority is over 21), and is contingent upon the payment of the then current Membership fee (the "Membership Fee").   All Membership applications are subject to verification and approval by Playboy Passport. We may refuse Membership to or cancel Membership of any individual without giving a reason.   Playboy Passport will notify you in the event that your Membership application has been accepted and request a credit card to bill you annual Membership Fee.   You will be enrolled as a Member once your application is accepted and the Membership Fee is processed and collected by Playboy Passport.

1.3. In applying for Membership, you must complete the application process by providing Playboy Passport with current, complete and accurate information for your Membership account, as prompted by the application form. You acknowledge that by providing any information to Playboy Passport that is untrue, inaccurate or incomplete, Playboy Passport reserves the right to terminate your Membership, these Terms and Conditions and your continued access and use of the Service or the Site. Your responsibility to provide accurate information is a continuing obligation and you must notify Playboy Passport in the event that any information provided by you changes.

1.4. As part of the application process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password.   FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR MEMBERSHIP ACCOUNT.   You agree to notify Playboy Passport immediately of any unauthorized use of your account or any other breach of security.   Playboy Passport will not be liable for any loss or damages of any kind that may arise as a result of someone else using your password or account, either with or without your knowledge.   However, you may be held liable for any losses incurred by Playboy Passport or another party due to someone else using your account or password.

1.5. Your Membership is personal to you. Memberships may not be shared, assigned, sold or otherwise transferred to another person. You are responsible for ensuring that no one (other than your personal assistant on your behalf, where applicable) uses your Membership.

1.6. You agree that you will only use your Playboy Passport Membership card for the purposes for which it is issued. You must notify Playboy Passport immediately by email atinfo@playboypassport.com   if it is lost or stolen.

1.7. Playboy Passport is not be responsible for:

(a) loss or misdirection of, or delay in receiving, any Membership application, correspondence or Member requests;

(b) theft or unauthorized use of a Membership caused by circumstances beyond the reasonable control of us or our agents;

(c) any acts or omissions of Suppliers; or

(d) any errors published in relation to the Service, including, without limitation, any pricing or typographical errors, errors of description and errors regarding Suppliers and benefits.   Playboy Passport reserves the right to correct, without notice, any errors

1.8. Playboy Passport may suspend or terminate your Membership for cause at any time with immediate effect, confirmed by notification to you if, in Playboy Passport's sole discretion, you have: (a) acted in a manner inconsistent with applicable laws or ordinances; (b) acted in a fraudulent or abusive manner; (c) breached any of these Terms and Conditions; (d) engaged in fraud or abuse concerning Membership privileges and benefits; or (e) failed to pay any bill, charge or fee when due to Playboy Passport or a Supplier.   If your Membership is suspended or terminated for cause, no part of the Membership Fee shall be refunded to you and Playboy Passport shall have no further liability to you.   Playboy Passport may also take appropriate legal or administrative action if any of the items listed above occurs. Nothing contained in these Terms and Conditions shall limit Playboy Passport in the exercise of any legal or equitable rights or remedies.

2. MEMBERSHIP FEES, CANCELLATIONS AND RENEWALS

2.1. TERM AND AUTOMATIC RENEWAL: By becoming a Member, you will be charged the annual Membership Fee upon acceptance of your application.   The annual Membership Fee is presently $10,000.00 USD, which is subject to change at any time, in Playboy Passport's sole discretion.   As set forth in these Terms and Conditions, additional fees may be charged by Suppliers for goods and services available through the Service.   The initial Membership term is one (1) year from the date your credit card is charged by Playboy Passport.   Upon expiration of the initial annual Membership term, your Membership automatically renews for additional and consecutive annual Membership terms. You are financially responsible for all associated Membership Fees until notice of cancellation is received by Playboy Passport.   YOU UNDERSTAND AND AGREE THAT IF YOU CANCEL YOUR MEMBERSHIP, YOU WILL NOT RECEIVE ANY REFUND FOR MEMBERSHIP FEES PAID TO PLAYBOY PASSPORT.   YOU CAN CANCEL ANYTIME AFTER YOU HAVE SIGNED UP, BUT YOU'LL HAVE MEMBER ACCESS TO THE SERVICE THROUGH THE END OF THE THEN CURRENT ANNUAL MEMBERSHIP TERM FOR WHICH ALL MEMBERSHIP FEES HAVE BEEN PAID, AND WILL NOT BE BILLED THEREAFTER.  

2.2. CANCELLATION POLICY

(a) You may cancel your Membership at any time.   To cancel, you must: (i) email customer service via info@playboypassport.com;   or (ii) call our concierge service team at 866-655-9927.   If you wish to cancel your Membership, you must do so by notifying us by 5 pm ET on the last business day of the then current annual Membership term in order to allow us to process your cancellation request.   If we receive your cancellation request after such time, you will be charged for the next annual Membership term.

(b) Provided you cancel in accordance with this Section 2.2(a), your Membership will be terminated effective at the end of the then current annual Membership term.   PLAYBOY PASSPORT OFFERS NO REFUNDS UNDER ANY CIRCUMSTANCES IF YOU CANCEL YOUR MEMBERSHIP.

(c) Playboy Passport will confirm receipt of your cancellation request via email. Playboy Passport must receive your cancellation request in accordance with this Section 2.2.

2.3. AUTOMATIC RENEWAL TERMS:

(a) BY APPLYING FOR MEMBERSHIP TO THE SERVICE, YOU UNDERSTAND AND AGREE THAT YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW EACH YEAR ON OR ABOUT   THE ANNIVERSARY DAY (365 DAYS) OF THE INITIAL BILLING DATE UNTIL YOU CANCEL YOUR MEMBERSHIP.   YOU HEREBY AUTHORIZE PLAYBOY PASSPORT TO CHARGE YOUR CREDIT CARD FOR THE RENEWAL ANNUAL MEMBERSHIP TERM AT THE THEN CURRENT MEMBERSHIP FEE.   YOU MAY CANCEL YOUR MEMBERSHIP AT ANY TIME IN ACCORDANCE WITH THE INSTRUCTIONS IN SECTION 2.2. ABOVE.   IF SUCH CREDIT CARD IS NOT BILLABLE FOR ANY REASON, YOU REMAIN LIABLE FOR PAYMENT OF THE ANNUAL MEMBERSHIP FEE AND AGREE TO PAY SUCH FEE TO PLAYBOY PASSPORT THROUGH ANOTHER VALID CREDIT CARD.   IF YOU FAIL TO PROVIDE A VALID CREDIT CARD FOR BILLING, WE RESERVE THE RIGHT TO PURSUE ALL RIGHTS AND REMEDIES AVAILABLE TO US, INCLUDING THOSE SET FORTH IN SECTION 16.5. BELOW.

(b) YOUR SAME CREDIT CARD THAT YOU USED TO CHARGE YOUR INITIAL MEMBERSHIP FEE PAYMENT WILL BE AUTOMATICALLY CHARGED ON AN ANNUAL BASIS, FOR AS LONG AS YOU RETAIN YOUR MEMBERSHIP.   IF SUCH CREDIT CARD IS NO LONGER ACTIVE, YOU AGREE TO IMMEDIATELY NOTIFY THE PLAYBOY PASSPORT CONCIERGE SERVICE TEAM AND UPDATE YOUR CREDIT CARD ON FILE.

(c) EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT PLAYBOY PASSPORT IS NOT OBLIGATED TO SEND YOU ANY RENEWAL OR ADVANCE BILLING NOTICES, OTHER THAN ONE NOTICE, NO LESS THAN 30 DAYS AND NO MORE THAN 60 DAYS BEFORE THE END OF THE THEN CURRENT ANNUAL MEMBERSHIP TERM, WHICH INDICATES: (i) THE DATE ON WHICH THE RENEWAL WILL BE EFFECTIVE; (ii) SUFFICIENT INFORMATION REGARDING THE CREDIT CARD BEING CHARGED FOR THE INDIVIDUAL TO VERIFY THE DETAILS WITHOUT PROVIDING FULL CREDIT CARD DETAILS; (iii) A REMINDER THAT YOU CAN CANCEL AT ANY TIME; (iv) THE MEANS TO CONTACT PLAYBOY PASSPORT IN THE EVENT THAT YOU WISH TO CANCEL YOUR MEMBERSHIP; (v) THE AMOUNT YOUR CREDIT CARD WILL BE CHARGED; (vi) THE DEADLINE BY WHICH YOU MUST CANCEL TO AVOID ANY MEMBERSHIP FEE CHARGES; AND (vii) NOTICE THAT YOUR CREDIT CARD WILL BE CHARGED ON THE DAY AFTER THE END OF YOUR THEN CURRENT TERM.

2.4. PAYMENT AND BILLING POLICIES:   PLEASE NOTE THAT THE ONLY ACCEPTED METHOD OF PAYMENT IS BY CREDIT CARD PAYMENTS USING YOUR VISA, MASTERCARD, AMEX OR DISCOVER CREDIT CARD.    PLAYBOY PASSPORT DOES NOT ACCEPT DEBIT CARD PAYMENTS AT THIS TIME.   YOU AGREE TO NOTIFY PLAYBOY PASSPORT CONCIERGE SERVICE TEAM IMMEDIATELY BY TELEPHONE, IN WRITING OR VIA EMAIL AT IF YOU DISCOVER THAT THE CARD NUMBER YOU PROVIDED TO PLAYBOY PASSPORT WHEN YOU REGISTERED FOR YOUR MEMBERSHIP IS A DEBIT CARD NUMBER.    FAILURE TO NOTIFY PLAYBOY PASSPORT MAY RESULT IN YOUR DEBIT CARD BEING CHARGED.   ALL CHARGES ARE BILLED IN U.S. DOLLARS AND ARE SUBJECT TO OTHER FEES WHICH THE INSTITUTION ISSUING YOUR CREDIT CARD MAY IMPOSE (FOR EXAMPLE FEES FOR FOREIGN CURRENCY TRANSACTIONS).

2.5. SUPPLIER CHARGES:   In conjunction with the Service, most, if not all, benefits, goods and services are offered through Suppliers.   In the event you wish to purchase or to obtain any goods or services of any kind from Suppliers, you may be asked by Playboy Passport to supply certain information, including without limitation, your full name, address, telephone number and credit card information, to process Supplier charges.   You agree to provide Playboy Passport with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchases through the Service.   You shall be responsible for all charges incurred through your Membership as well as for paying any applicable taxes.   In the alternative, Playboy Passport may request you directly submit payment to a Supplier.

2.6. MISCELLANEOUS

(a) Your right to use the Service is conditional upon Playboy Passport's receipt of every required payment.   If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, Playboy Passport reserves the right to immediately and without notice, either suspend or cancel your Membership.   You will remain obligated to pay any amounts still owed to Playboy Passport at the time your account is suspended or cancelled.

(b) You will be notified of any increase in Membership Fees through email.

(c) We will issue your Playboy Passport Membership materials ("Playboy Passport Membership Pack") as soon as reasonably possible following processing of your initial Membership Fee.  

(d) If a Membership is allowed to lapse for over 30 days, Playboy Passport reserves the right to recharge the then current Membership Fee in order to renew your Membership.

(e) Members are solely responsible for paying all amounts, duties, taxes, and related charges arising out of use of the Service or the Site.

3. PERSONAL INFORMATION; CREDIT CARD INFORMATION

3.1. You agree that use of collection, use and disclosure of your personal information shall be subject to the Privacy Policy.

3.2. PEI AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE "PLAYBOY PARTIES") AND ANY SUPPLIER USED IN CONNECTION WITH THE SERVICE SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR INJURY, LOSS OR DAMAGE TO YOUR COMPUTER, OR INTERCEPTION OR USE OF CREDIT CARD INFORMATION OR OTHER PERSONALLY IDENTIFIABLE INFORMATION, RELATED TO OR RESULTING FROM YOUR USE OF THE SERVICE OR THE SITE.

3.3. THE PLAYBOY PARTIES MAKE NO REPRESENTATION OR WARRANTY REGARDING THE CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS SITE.   YOU AGREE THAT NEITHER THE PLAYBOY PARTIES NOR ANY SUPPLIERS ARE RESPONSIBLE FOR THE CONFIDENTIALITY OF ANY INFORMATION (INCLUDING WITHOUT LIMITATION CREDIT CARD INFORMATION, PERSONALLY IDENTIFIABLE INFORMATION, EMAIL ADDRESS, PHONE NUMBER, ETC.), AND NONE OF THE PLAYBOY PARTIES NOR ANY SUPPLIERS ARE RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE FROM DISCLOSURE OF SUCH INFORMATION.

4. MODIFICATIONS OR CANCELLATION OF SERVICE BY PLAYBOY PASSPORT

4.1. Playboy Passport may modify these Terms and Conditions at any time, with or without notice or liability to you. This means that Playboy Passport may make changes that affect, without limitation, processes, Service benefits, costs related to goods and services and Suppliers participating in the Service. All Membership benefits are subject to availability.   If Playboy Passport determines, in its sole discretion, to notify you of a change, such notice may be given in the form of email or postal mail.   Whether notice is given or not, your continued use of your Membership constitutes acceptance of the Terms and Conditions then in effect.

4.2. Playboy Passport reserves the right to cancel or suspend your Membership, in Playboy Passport's sole discretion, for any reason whatsoever.   If Playboy Passport cancels your Membership for a reason other than your breach of these Terms and Conditions, Playboy Passport reserves the right, but not the obligation, to supply a portion of the then current annual Membership Fee, in an amount prorated for the remaining time period in the then current annual Membership term.

4.3. Cancellation of your Membership shall not affect your legal obligation to pay for any and all Service obligations you incur prior to cancellation.   You expressly agree that any Service obligation you request, agree to or otherwise obtain prior to the cancellation of your Membership, whether your Membership was cancelled by you or by Playboy Passport, shall survive such cancellation and you will remain liable for all associated costs and fees.   Moreover, you expressly authorize Playboy Passport to charge any such pre-cancellation obligations to your credit card Playboy Passport has on file, even if such charge is submitted and processed after the cancellation date.   If you fail to honor your payment obligations, Playboy Passport reserves its right to pursue all of its rights and remedies against you, including those set forth in Section 16.5 below.  

5. COMMUNICATIONS TO MEMBERS

5.1. As part of the Service, you will receive periodic email communications and/or telephone calls from Playboy Passport concerning the status of your Membership account, timely notice related to being charged your automatic renewal, and certain promotional opportunities from both Playboy Passport and directly from our marketing partners and select Suppliers.   Except for the promotional offers, to which you may opt-out from by following the opt-out instructions appearing within each promotional email, you affirmatively consent to receive any transactional emails from the date on which you agree to these Terms and Conditions, despite any previous request you might have made in the past to opt-out of receiving promotional emails from Playboy Passport.   Because email communications are critical to providing you timely notice regarding changes in Service policies or required updates in your account profile, you cannot maintain your Membership without receiving transactional emails from Playboy Passport concerning the Service for the duration of your Membership.

5.2. All transactional communications related to the Service will be sent to you at the mailing address and/or email address which you provided on your application form or otherwise notified to Playboy Passport in writing.   Such communications will be deemed to have been received by you if sent to that address, 1 business day after sending if we sent it to the email address provided or 5 business days after sending if we sent it to the mailing address provided.   You are responsible for keeping your address(es) current.

6. SUPPLIERS

6.1. Service benefits and other functions related to the Service (such as website hosting, payment processing, reservations, etc.) may be offered, administered, processed, fulfilled or otherwise made available through Suppliers.   Suppliers are third parties to Playboy Passport. You acknowledge and agree that, the carriers, hotels and other Suppliers for Playboy Passport are independent contractors, and not agents or employees of Playboy Passport.   Your credit card billings for benefits obtained through the Service may refer to such Suppliers or their respective fulfillment providers, rather than to Playboy Passport.

6.2. You agree to the terms and conditions imposed by Playboy Passport and each Supplier applicable to the applicable benefit offering.   You agree to comply with all rules regarding the availability of fares, goods or services, including penalty fees arising from the failure of the Member to comply with applicable terms and conditions.   You understand that any violation of any Supplier's terms and conditions of purchase may result: in cancellation of your reservation(s) or purchase(s); in your being denied access to any flight(s), hotel(s), automobile(s), activities, or service; in your forfeiting any monies paid for such reservation(s) or purchase(s); and in Playboy Passport charging your account for any costs Playboy Passport incurs as a result of such violation.   You also agree to allow Playboy Passport and each applicable Supplier to charge the credit card on file for the payment of penalties arising from the your failure to comply with such applicable terms and conditions. Such payment will be collected without additional notice.   You agree that you are completely responsible for all charges, fees, duties, taxes, and assessments arising out of Your use of the Service.

6.3. YOU AGREE THAT THE PLAYBOY PARTIES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUPPLIER OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM THE USE OF A SUPPLIER.   THE PLAYBOY PARTIES HAVE NO LIABILITY AND WILL NOT MAKE REFUNDS FOR ANY DELAY, CANCELLATION, OVERBOOKING OR OTHER CAUSES OF ANY KIND, AND THE PLAYBOY PARTIES HAVE NO RESPONSIBILITY FOR ANY RESULTING ADDITIONAL EXPENSES.

7. MEMBERSHIP BENEFITS

7.1. As a Member of Playboy Passport, you are entitled to all of the benefits set out on our Site.   Please note, however, that Suppliers of benefits and the benefits themselves are subject to availability and may change from time to time, without notice to you.

7.2. Suppliers to Playboy Passport endeavor to make the benefits available at all times and are constantly negotiating new benefits to help Members receive maximum value from their Membership.   If any of the benefits become unavailable, Playboy Passport will use reasonable efforts to see that prior commitments are honored, but shall not be responsible for any actions of Suppliers outside of Playboy Passport's reasonable control.

8. USING YOUR MEMBERSHIP

8.1. Members may make Service and concierge requests by telephone, email or through the Site.

8.2. Suppliers to Playboy Passport will facilitate both the benefits described on the Site (from time to time) and concierge services at your request - that is you may request Playboy Passport to provide or arrange any lawful, proper and moral personal service in relation to any personal needs or desires (including, without limitation, provision of information, access to events, activities and venues, and personal goods and services).   However, Playboy Passport and the Suppliers reserve the right to withdraw any of the benefits available and/or to refuse to fulfill any Member request, for any reason whatsoever.   If Playboy Passport is unable or unwilling to complete any request, Playboy Passport will inform you in a reasonable time period.

8.3. Suppliers are responsible for providing you with the goods, services and benefits you select.   Playboy Passport will communicate with Suppliers on your behalf unless it is more appropriate for you to contact the Supplier directly.   Suppliers may impose their own terms and conditions and you are required to comply with them.

8.4. When ordering goods or services or accessing a benefit, you will be required to provide the applicable credit card details for billing purposes.   If you request and authorize Playboy Passport to use your credit card on file in order to pay a Supplier for goods or services, you acknowledge and agree that Playboy Passport shall have no liability in respect of or be responsible in any way whatsoever in respect of the use of your credit card.   You represent and warrant that all details you provide to us for the purpose of booking, ordering or purchasing goods or services are accurate and updated, that the credit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services.

8.5. From time to time the procurement or provision of certain goods, services or benefits may incur a Playboy Passport handling charge, which you will be notified of prior to purchase - in these cases you hereby authorize Playboy Passport to charge your credit card with any such handling charges.

8.6. Playboy Passport may, at your request, purchase goods or services on your behalf.   In the event that it acts as a credit agent in this regard, you hereby authorize Playboy Passport to charge the credit sum, plus any applicable service and handling fees, from your credit card.   In the event that Playboy Passport pays for the goods or services in cash, it shall be entitled to add any applicable credit card charges to the sum deducted from your credit card.

8.7. Unless otherwise agreed to by the Supplier, you shall not be entitled to cancel any services requested where, on your instructions, performance has already begun, and you will remain responsible for all charges related thereto.

8.8. Telephone calls to Playboy Passport may be monitored or recorded for training and quality control purposes.

9. TERMS APPLICABLE TO CERTAIN BENEFITS

9.1. Any services including travel tickets and package holidays purchased through Playboy Passport will be subject to the terms and conditions of the travel or holiday operator and the Supplier. Please note that Playboy Passport is not an authorized travel agent or tour operator and only acts as an introductory agent on behalf of the Supplier. All rights and remedies you have are against the applicable Supplier.

9.2. When you use the restaurant reservation service, you hereby authorize Playboy Passport to debit your credit card for any deposit paid by us on your behalf to the restaurant which is forfeited as a result of cancellation the reservation.

9.3. Playboy Passport attempts to obtain tickets for all sold out events either directly itself or through one of its ticket agent Suppliers. Please note that you are purchasing tickets above face value, which includes service charge(s) reflecting our costs and efforts in obtaining your premium seats.   Ticket services may be restricted in certain jurisdictions.   All sales are final, no refunds or cancellations are issued after you have purchased your tickets.   In the event of show cancellations directly by the artist/promoter, only the return of the face value of the tickets can be guaranteed.   Shipping fees for tickets are non-refundable.   Playboy Passport or its ticket agent Supplier will send your tickets via express delivery, to reach you by noon on the following business day. Please note that neither Playboy Passport nor its ticket agent Suppliers can be held liable for any failure by a delivery service to deliver your tickets.   Playboy Passport or its ticket agent Supplier usually sends tickets within 2 days from the time of booking if the tickets are already in stock. However some events have posting restrictions and are not sent until the week prior to the event taking place. On certain occasions, our representatives may have to deliver your tickets on the night of the show at no additional cost.   Playboy Passport or its ticket agent Suppliers reserve the right to upgrade tickets at no additional cost, to downgrade tickets (partial refund) or to cancel the order with a full refund.

9.4. If requested goods or services are not available, the Suppliers may offer you substitute products of a similar type and quality, but you may refuse the substitute products and receive a full refund from the Supplier.   All descriptions of goods and services descriptions have been approved by the applicable Supplier.    Playboy Passport is not responsible for inaccurate or misleading descriptions.   Goods may differ slightly from the images shown.

9.5. The purchase price of all goods, services and benefits is due and payable on acceptance of your order by the Supplier or, if applicable, Playboy Passport.   You understand and agree that payment is due upon SUPPLIER ACCEPTANCE and not upon fulfillment.

10. YOUR REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION

10.1. You represent, warrant and covenant your use of the Service and the Site will not: (i) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) constitute false or misleading indications of origin or statements of fact; (iii) slander, libel or defame any person or entity; or (iv) cause injury of any kind to any person or entity; or (v) violate any applicable laws, rules, regulations or other governmental regulations.   You further represent, warrant and covenant that you are at least 21 years old (or the legal age of majority in your jurisdiction to either obtain a Membership and the applicable goods or services obtained through the Service, as applicable), and that you possess the legal authority to enter into these Terms and Conditions, as well as contracts for the purchase of the goods and services offered at or through the Service.

10.2. You hereby expressly agree to indemnify, defend and hold the Released Parties (as defined below) harmless from and against any and all costs and expenses, damages, claims, suits, actions, liabilities, losses and judgments, including without limitation, attorneys' fees and legal expenses, based on, arising out of or in any way related or connected with:   (i) any breach by you of these Terms and Conditions or the foregoing representations, warranties and covenants; and/or (ii) your use of the Service and/or the Site. You shall cooperate as fully as reasonably required in the defense of any claim. Playboy Passport reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of Playboy Passport without Playboy Passport's prior written approval.

11. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY  

11.1. TO THE EXTENT PERMITTED BY LAW, THE SERVICE AND THE SITE, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED AT OR THROUGH THE SERVICE AND THE SITE ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.   WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE RELEASED PARTIES DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SERVICE AND THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE CORRECTED; (iv) THAT THE SERVICE AND THE SITE SHALL BE AVAILABLE WITHOUT DELAY, FAILURE, INTERUPTION OR CORRUPTION DUE TO LOCAL EXCHANGES, INTER-EXCHANGES, CARRIER LINES, ROUTERS, SWITCHES AND OTHER EQUIPMENT OWNED BY THIRD-PARTIES; OR (v) THAT ANY SOFTWARE, SERVICES, WEBSITE OR SERVER(S) ON WHICH THE SERVICE AND THE SITE ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.   YOUR USE OF THE SERVICE AND THE SITE AND ANY INFORMATION OR MATERIALS PROVIDED AT OR THROUGH THE SERVICE AND THE SITE IS ENTIRELY AT YOUR OWN RISK.  

11.2. Without limiting the generality of the limitations of liability in this Section 11, the Released Parties are not liable to you or any third party for any loss or injury, including death, damage, accident, delay, irregularity or expense arising out of, relating to, or resulting from, strikes, war, weather, quarantines, sickness, accidents, government restrictions or regulations, or from any act or omission of Suppliers, including any individual firm or corporation furnishing transportation, sightseeing or other service or goods whether or not advertised, nor for any additional costs or expenses due to disruption or change of schedules, rates, accommodations, or services.   In addition, the Released Parties are not responsible for refunds that may be due to any person from ground transportation, boat tours, or other Supplier.   All such claims for refunds must be made in accordance with the rules and regulations of the Supplier from whom such refund is due.   All costs, rates, tariffs and other charges and Service features are subject to adjustment at any time without prior notice, and provisions of the hotel accommodations, ground transportation, tickets and other services are subject to availability.   Performance is also subject to applicable laws, orders, or regulations of any governmental authority exercising jurisdiction and the right is reserved to withdraw any available Membership benefits should conditions warrant, as well as to refuse to provide benefits to any Member in accordance with applicable laws.

11.3. Your contract for the purchase of goods or services is made with the relevant Supplier only.   Playboy Passport acts as facilitator for the Service and, unless expressly provided otherwise, all your rights and remedies are against the Supplier.   You agree that any contract entered into by you with any of the Suppliers is an independent contract. Playboy Passport hereby disclaims any and all liability for any act or omission of any Supplier or any loss incurred by you as a result of any act or omission of a Supplier whether or not arranged through Playboy Passport.

11.4. YOU EXPRESSLY AGREE AS A CONDITION OF USING THE SERVICE AND THE SITE THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER PLAYBOY PASSPORT NOR THE PLAYBOY PARTIES (COLLECTIVELY, THE "RELEASED PARTIES"), ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO: (i) THE USE OF OR INABILITY TO USE THE SERVICE OR THE SITE; (ii) ANY CONTENT OR STATEMENTS MADE AVAILABLE VIA THE SERVICE OR THE SITE; (iii) ANY GOODS OR SERVICES PURCHASED OR OBTAINED BY OR THROUGH THE SERVICE OR THE SERVICE, INCLUDING, WITHOUT LIMITATION, THOSE OFFERED BY SUPPLIERS; (iv) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE AT THE SERVICE OR THE SITE; (v) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT AVAILABLE VIA THE SERVICE OR THE SITE; AND/OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE OR THE SITE.  

IN NO EVENT SHALL THE RELEASED PARTIES' AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, STATUTORY, OR OTHERWISE) EXCEED THE AMOUNT OF THE MEMBERSHIP FEE PAID BY YOU TO PLAYBOY PASSPORT FOR THE THEN CURRENT ANNUAL TERM, PRORATED FOR THE REMAINING PERIOD OF YOUR THEN CURRENT ANNUAL MEMBERSHIP TERM.  

SHOULD YOUR CLAIM ARISE FROM A PURCHASE OR ENGAGEMENT MADE AT OR THROUGH THE SERVICE OR THE SITE FROM OR THROUGH A SUPPLIER, YOU EXPRESSLY AGREE THAT YOUR SOLE REMEDY IS FROM AND AGAINST SUCH SUPPLIER AND THAT THE RELEASED PARTIES SHALL HAVE NO LIABILITY TO YOU UNDER ANY LEGAL THEORY OR CAUSE OF ACTION.   NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICE OR THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.  

YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THE SERVICE OR THE SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.  

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN CATEGORIES OF DAMAGES SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES.   ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION MAY NOT APPLY TO YOU.

12. PROHIBITED ACTIVITIES

12.1. In connection with your use of the Service and the Site, you acknowledge and agree that you will not:

(a) copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, create a database in electronic or structured form by systematically and/or regularly downloading, caching or storing all or any content, reproduce, publish, license, create derivative works from, transfer, sell or in any other way commercially exploit any information, software, products, content or services obtained through the Service or the Site;

(b) access the Service or the Site by any means other than through the standard industry-accepted or Playboy Passport-provided or authorized interfaces;

(c) transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may infringe upon another's right of privacy or publicity;

(d) impersonate any person or entity, including without limitation, a Playboy Passport official, or falsely state or otherwise misrepresent your affiliation with such a person or entity;

(e) post or transmit any material that contains a virus or corrupted data;

(f) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;

(g) use any of the Service or the Site features in a manner that adversely affects the availability of its resources to, or enjoyment by, other members (e.g., excessive shouting, use of all caps or flooding continuous postings of repetitive text);

(h) violate any applicable local, state, provincial, national or international law;

(i) upload or transmit any material that infringes any patent, trademark, trade secret, copyright, moral right, or other proprietary rights of any party, including without limitation, rights of publicity or privacy;

(j) manipulate or otherwise display the Service or the Site by using framing or similar navigational technology;

(k) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Playboy Passport product or service if you are not expressly authorized by such party to do so;

(l) use the Site or the Service for any purpose that is unlawful or prohibited by these Terms and Conditions; or

(m) use the Service or the Site in any manner that could damage, disable, overburden or impair Playboy Passport's servers or networks, or interfere with any other Member's use and enjoyment of the Service and the Site.   Furthermore, you may not attempt to gain unauthorized access to any of the Service or the Site, accounts, computer systems or networks connected to Playboy Passport through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service or the Site.

12.2. Playboy Passport, including, without limitation, its authorized agents and employees may cancel your Membership and use of the Service or the Site without notice to you in the event that you breach these Terms and Conditions.

13. TERMS RELATED TO USE OF THE SITE

13.1. PROHIBITED ACTIVITIES:   You agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy the Site or any contents or information contained therein, unless you obtain Playboy Passport's prior express written consent. You agree that you will not through any means interfere or attempt to interfere with the proper functioning of the Site. You agree that you will not provide to Playboy Passport and/or to this Site: (i) any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and (ii) any content that may create liability for Playboy Passport or cause Playboy Passport to lose (in whole or in part) the services of Suppliers.   You agree that you will not use this Site for chain letters, junk mail, "spamming", solicitations (commercial or noncommercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.   In addition, you agree not to create a hypertext link from any website controlled by you or otherwise, to this Site without the express written permission of Playboy Passport.   You agree not to pretend to be any other person or a representative of any entity, whether actual or fictitious, including an employee or agent of Playboy Passport or any Supplier.

13.2. PROPRIETARY RIGHTS:   The contents of the Service, including this Site, are intended for the personal, noncommercial use of its users.   All materials published on the Site, including, without limitation, articles, photographs, images, illustrations, product descriptions, audio clips and video clips (collectively, the "Content") are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or licensed by Playboy Passport.   Except as may otherwise contained in these Terms and Conditions, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials or Service, in whole or in part.

13.3. SUBMISSIONS:   You agree that any information, feedback, questions, comments and/or submissions to any of the Public Forums (as discussed below) or the like that you provide to us in connection with the Site or the Service ("Submissions") will be deemed to be provided to us on a non-confidential and non-proprietary basis and will become and remain our property.   Playboy Passport will have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation, notice or compensation to you. You also agree that we shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques.   In addition, you hereby waive all moral rights you may have in any Submissions uploaded or sent to Playboy Passport by you.

13.4. PUBLIC FORUMS

(a) This Site may make available chat rooms, forums, message boards, and/or news groups to its users ("Public Forum(s)"). You shall not upload to, or distribute or otherwise publish through a Public Forum any content which is libelous, defamatory, obscene, pornographic, profane, sexually explicit, abusive or which otherwise violates any law, rule or regulation. Please use your best judgment and be respectful of other individuals using the Public Forums. You agree not to use vulgar, abusive or hateful language. Public Forums within the Site is provided to give our users an interesting and stimulating forum in which they may express opinions and share ideas.   Playboy Passport does not endorse the opinions placed on these Public Forums. You acknowledge that any Submissions (e.g. Letter to the Editor, Review or Commentary) may be reproduced, published, transmitted and displayed by Playboy Passport, as set forth in these Terms and Conditions.

(b) The Public Forums shall be used by you only in a noncommercial manner. You shall not, without the express approval of Playboy Passport, use the Public Forums to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services, or to promote websites or online services that are competitive with Playboy Passport.   You agree that you will not submit any ideas for stories, features, designs, scripts, merchandise or publication of any type.

13.5. MONITORING:   You agree that Playboy Passport has no obligation to, but may monitor and review information you transmit over the Site. You agree that Playboy Passport may censor, edit, remove or prohibit the transmission or receipt of any information that Playboy Passport deems inappropriate or in violation of these Terms and Conditions, and use any such information as necessary to provide the Site and/or to protect the rights or properties of Playboy Passport.   You agree that Playboy Passport may also monitor and review stored information without restriction.   You hereby acknowledge and consent to such monitoring and reviewing.

13.6. PROBLEMS WITH SITE:   Playboy Passport and any other providers of products or services related to this Site are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications.   Further, Playboy Passport and any Suppliers are not responsible for incorrect or inaccurate entry information, whether caused by Members or by any of the equipment or programming associated with the Site, or by any technical or human error that may occur in the processing of any information related to the Site.   Playboy Passport and any Suppliers may cancel or modify reservations where it appears that a Member has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error.   You agree that neither Playboy Passport nor any Suppliers related to the Site are responsible for any damages that may arise as a result of any travel or hotel arrangements or other orders you request or make on the Site which are not processed or accepted for any reason.

13.7. THIRD PARTY WEBSITES/LINKS:   The Site may include links to other websites.   Playboy Passport provides such links solely as a convenience to you and for informational purposes only.   Playboy Passport does not review all of the information on these other websites. The inclusion of any links in no way indicates Playboy Passport's endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such websites.   Neither Playboy Passport, nor any Suppliers, shall be responsible for the content of any other websites and make no representation or warranty regarding any other websites or the contents or materials on such websites.   If you decide to access other websites, you do so at your own risk. Other websites may include links to the Site.   The inclusion of such links does not indicate the other website's endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from the Site.

13.8. INFORMATION ON SITE:   Playboy Passport endeavors to keep the information on the Site current, including the links from these Terms and Conditions, but you should contact a Playboy Passport Member service representative for the most current information.   Playboy Passport is not responsible for any information that has not been updated.

14. TRADEMARK STATEMENT

14.1. PLAYBOY, PLAYBOY PASSPORT, BUNNY COSTUME and RABBIT HEAD DESIGN are trademarks and service marks of PEI and used by Playboy Passport pursuant to a license from PEI.

15. GEOGRAPHIC LIMITS OF SERVICE

15.1. Playboy Passport makes no representation that the Service or the Site, or content available at or through the Service or the Site, is appropriate for access outside of the United States. Those who choose to access the Service or the Site from outside the United States do so on their own initiative and are responsible for compliance with any and all local laws.

15.2. Playboy Passport reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Service to any person, geographic area or jurisdiction we so desire.

16. MISCELLANEOUS

16.1. These Terms and Conditions constitute the entire agreement and understanding between you and Playboy Passport and governs your use of the Site and the Service, superseding any prior agreements between you and Playboy Passport.

16.2. These Terms and Conditions and the relationship between you and Playboy Passport shall be governed by and construed in accordance with the laws of the United States and the state of New York, without regard to their conflict of law provisions. You and Playboy Passport irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of New York, in the state of New York, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

16.3. The failure of Playboy Passport to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. No waiver by Playboy Passport of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.

16.4. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.  

16.5. If Playboy Passport takes any action to enforce these Terms and Conditions   (including, without limitation, an action to collect amounts you owe to Playboy Passport but remain unpaid, such as unpaid Membership Fees), Playboy Passport will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which Playboy Passport may be entitled.

16.6. In its sole discretion, in addition to any other rights or remedies available to Playboy Passport, and without any liability whatsoever to any Member, Playboy Passport, at any time and without notice, may terminate or restrict a Member's access to this Service and the Site.

16.7. You may not assign or transfer any rights or any license granted to you under these Terms and Conditions without Playboy Passport's express, prior written consent.   Any attempt to assign or transfer your rights or license shall immediately terminate these Terms and Conditions and, notwithstanding anything contained herein to the contrary, you shall forfeit any amounts paid for the Service, without a right to a refund.   Playboy Passport may assign its rights and interest to the Site, the Service and/or these Terms and Conditions at any time to any party and without notice to you or your consent.

17. CONTACT US

17.1. If you have any question or comments about the Site or the Service, please write to: info@playboypassport.com or call 866-655-9927.   If you want to use the concierge functions of the Service, please write to: info@playboypassport.com or call 866-655-9927.