You must read and agree to these Terms and Conditions of Use (the "Terms" or
the "Agreement") before you can become an active member of
theeroticadvocate.com. By registering as a member of theeroticadvocate.com
(referred hereafter as "Website"), you agree to be bound by these terms and
conditions.
1. Description of Service
Website provides you with access to a variety of resources, including,
visual images, verbal descriptions of a sexually oriented nature, graphic
visual depictions and descriptions of nudity and sexual activity, links to
third party websites, various communication tools; message boards and review
boards through its Website (collectively the "Service"). You understand that
the Service is provided "AS-IS" and the Website expressly disclaims any and
all warranties, express, implied or statutory, including, but not limited
to, implied warranties of merchantability and fitness for a particular
purpose with respect to the Service and non-infringement of proprietary
rights, are expressly disclaimed to the fullest extent permitted by law. In
no event shall the Website be liable for any direct, indirect, incidental,
punitive, or consequential damages of any kind whatsoever with respect to
the Service. Website does not warrant that the functions contained in the
Service will be uninterrupted or error-free, that defects will be corrected,
or that Website or Website Server that makes Website available are free of
viruses or other harmful components. Website does not warrant or make any
representations regarding the use or the results of the use of the service.
The Website assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications.
2. Age Requirement
The Website is designed and intended solely for consenting adults. You must
be at least eighteen (18) years old (twenty-one [21] in AL, MS, NE, WY, and
any other location where eighteen (18) is not the age of majority) and
interested in and wish to have access to visual images, verbal descriptions
of a sexually oriented nature. The content which is available within the
Website includes graphic visual depictions and descriptions of nudity and
sexual activity and you should not access or subscribe to Website if you are
younger than eighteen (18) years old [twenty-one (21) in AL, MS, NE, WY, and
any other location where eighteen (18) is not the age of majority] or if you
are offended by such content or if you do not wish to be exposed to such
content.
3. Modifications
The Website may, in its sole discretion, modify or revise these terms at any
time by updating this web page. You are bound by any such modification or
revision and should therefore visit this page periodically to review the
terms and conditions of use.
4. Sexually Explicit Content
a. The Website is an ADULT entertainment website that contains explicit
visual, and/or textual depictions of nudity and sexual activities, including
without limitation, heterosexual, bisexual, homosexual, and transsexual
activities of an explicit sexual nature and other content (collectively
"content").
b. The content is for entertainment purposes only.
c. The content is intended for distribution exclusively to consenting adults
in locations where such content does not violate any community standards or
any applicable federal, state or local law or regulation of the United
States of America, or of any individual jurisdiction within the United
States Of America, or any other country. No content from any part of the
Website may be downloaded if you are located in the following areas:
Alabama, Florida, except Ft. Lauderdale, Miami, and St. Petersburg, Georgia,
except Atlanta, Kansas, except Kansas City, Kentucky, Minnesota, Missouri,
Mississippi, North Carolina, Ohio, except Cleveland and Cincinnati,
Pennsylvania, except Philadelphia and Pittsburgh, South Carolina, Tennessee,
except for Nashville, Utah, Afghanistan, Kuwait, Iran, Iraq, Japan, Jordan,
Libya, Pakistan, The Republic of China, Singapore, Saudi Arabia, Syria, The
United Arab Emirates, or any other place in which to do so would constitute
a violation of any law, regulation, rule or custom. Any and all unauthorized
downloading of Content from Website shall constitute intentional
infringement of Website Terms.
d. You hereby acknowledge that content includes explicit depictions of
heterosexual, bisexual, homosexual, and transsexual situations of a sexual
nature, that you are familiar with content of this kind, and that you are
not offended by such content.
e. You understand that in compliance with United States Code, Title 18,
Section 2257, all models, actors, actresses and other persons who appear in
any visual depiction of sexually explicit conduct appearing or otherwise
contained in or at the Website were over the age of eighteen years at the
time of the creation of such depictions. Records required to be maintained
pursuant to U.S.C. Title 18, Section 2257 are kept by the custodian of
records.
f. The textual depictions of nudity and sexual activities are fictitious
stories and for entertainment purposes only.
5. Website Boards
By posting any content including text, communications, software, images,
sound, data, reviews, messages or other information, in or otherwise using
any communications service, message/bulletin board, discussion forums,
newsgroups, chat areas, review boards, or any other interactive service that
may be available to you on Website (collectively the "Website Boards") or
through Website, you agree that you will not upload, post, or other wise
distribute or facilitate distribution of any content that:
a. is unlawful, profane, abusive, threatening, harassing, defamatory,
libelous, deceptive, fraudulent, invasive of another's privacy or tortuous,
b. defame, victimizes, harasses, degrades, or intimidates an individual or
group of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability,
c. infringes any patent, trademark, copyright, trade secret or other
proprietary right of any party (the "Rights"), unless you are the owner of
said "Rights" or have the permission of the owner to post or transmit such
content,
d. contain software viruses, corrupted files, or any other similar software
or programs that may damage the operation of another's computer or limit the
functioning of any software, hardware, or telecommunications equipment or to
damage or obtain unauthorized access to any data or other information of any
third party,
e. solicit, advertise or offer to sell any goods or services for any
commercial purpose. Conduct or forward surveys, contests, pyramid schemes or
chain letters, other than in Communities intended for such uses you know or
reasonably should know, cannot be legally distributed in such a manner,
f. impersonate another person or entity, or falsify or delete any author
attributions, legal or other proper notices or proprietary designations or
labels of the origin or source of software or other content contained in a
file that is posted,
g. restrict or inhibit any other user from using and enjoying the Website.
The Website reserves the right to monitor some, all, or no areas of Website
for adherence to these Rules or other rules that may be published from time
to time. You acknowledge that Website is acting as a passive conduit for
such distribution and Website is not undertaking any obligation or liability
relating to any content or activities in the Website. As such, the Website
acts merely as a forum for the expression of ideas, thoughts, and
information.
The Website does not endorse the content placed on Website Boards. The
Website is not responsible for any inaccurate, wrong, offensive,
inappropriate, or defamatory content that is contained herein. The Website
is also not responsible for any content that violates a community's norms or
mores. The Website expects and demands that you comply with all federal,
state, and local laws when using the Website and when submitting or posting
content to the Website and refrain from violating those laws. If you are
unsure whether or not content will violate a law, you are urged to contact
the Electronic Freedom Foundation or an attorney prior to posting the
content. The Website cannot enforce the laws of each locality, state, and
even federal laws for all content that is posted to this site. As such, the
Website is not responsible for the content of the Website. You acknowledge
that any and all content submitted may be displayed by the Website.
The Website administrators reserve the right (but not the obligation) in
their sole discretion to refuse, delete, move or edit any and all Content
that it deems are in violation of the law (including trademark and copyright
law), or this User Agreement, or are abusive, defamatory, obscene or
otherwise unacceptable. You must evaluate, and bear all risks associated
with, the use of any content, including any reliance on the accuracy,
completeness, or usefulness of such content. In this regard, you acknowledge
that you may not rely on any content be it content created by Website or
content publicly posted or privately transmitted to Website. You are
responsible for all content that you have uploaded, posted, emailed,
transmitted or otherwise made available via the Service.
6. Links
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because Website has no control over such sites
and resources, you acknowledge and agree that Website is not responsible for
the availability of such external sites or resources, and do not endorse and
are not responsible or liable for any content, advertising, products, or
other materials on or available from such sites or resources. You further
acknowledge and agree that Website shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such content, or
Service available on or through Website or resource.
7. Non-Assignability/Theft of Login
You may not assign or transfer your membership, username and password
(login), to any other person or entity. You must promptly inform Website of
any apparent breach of security, such as loss, theft, or unauthorized
disclosure or use of a user name or password. Until Website is notified, by
e-mail, or by telephone, of any breach in security, you will remain
personally liable for any unauthorized use of the Service. You are and shall
be personally liable for, and shall defend, indemnify and hold harmless
Website and the Website owner from any and all damages (including loss of
profits, loss of property, fines and penalties), losses and costs (including
attorneys' fees) resulting from any attempted or actual unauthorized
downloading or other duplication whether solely by you or with or under the
authority of any other including governmental agency.
8. Membership Cancellation
Subscription to the Service may be terminated at any time, and without
cause, by either Website or you upon notification of the other by electronic
or conventional mail, or by telephone, fax or filling out the cancellation
request form.
9. Termination
You agree that Website, in its sole discretion, may terminate your password,
use of the Service or use of any other Website service, and remove and
discard any content within the Service, for any reason, including, without
limitation, for lack of use or if Website believes that you have violated or
acted inconsistently with the Terms. Website may also in its sole discretion
and at any time discontinue providing the Service, or any part thereof, with
or without notice. You agree that any termination of your access to the
Service under any provision of the Terms may be effected without prior
notice. Further, you agree that Website shall not be liable to you or any
third-party for any termination of your access to the Service.
10. Responsibility For Minors
In the event that you authorized a minor to use the Service of Website, you
recognize that you are fully responsible for: (i) the online conduct of such
minor; (ii) controlling the minor's access to and use of the Service; and
(iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT THE
WEBSITE CONTAINS CONTENT THAT IS INAPPROPRIATE FOR MINORS, AND THAT WEBSITE
WILL IMMEDIATELY CANCEL SERVICE AND ACCOUNTS BEING USED BY MINORS IF IT
DETERMINES VIOLATIONS OF THIS NATURE ARE OCCURRING.
11. Disclaimer of Warranties
The Website and Service are provided "as is," with no warranties whatsoever.
All express, implied, and statutory warranties, including, without
limitation, the warranties of merchantability, fitness for a particular
purpose, and non-infringement of proprietary rights, are expressly
disclaimed to the fullest extent permitted by law. To the fullest extent
permitted by law, Website disclaims any warranties for the security,
reliability, timeliness, and performance of the services. To the fullest
extent permitted by law, Website disclaims any warranties for other services
or goods received through or advertised on the Service or received through
any links provided in the Website and Service, as well as for any
information or advice received through the Services or through any links
provided in the Service. Website similarly disclaims, to the fullest extent
permitted by law, any warranties for any information or advice obtained
through the Service. You expressly understand and agree that Website
disclaims any and all responsibility or liability for the accuracy, content,
completeness, legality, reliability, or operability or availability of
information or content in the Services. Website disclaims any responsibility
for the deletion, failure to store, misdelivery, or untimely delivery of any
information or content. Website disclaims any responsibility or liability
for any harm resulting from downloading or accessing any information or
content through the Service, including, without limitation, for harm caused
by viruses or similar contamination or destructive features. You understand
and agree that any content downloaded or otherwise obtained through the use
of the Service is done at your own discretion and risk and that you will be
solely responsible for any damages to your computer system or loss of data
that results in the download of such content. Some jurisdictions do not
allow the disclaimer of implied warranties. In such jurisdictions, the
foregoing disclaimers may not apply to you insofar as they relate to implied
warranties.
12. Limitation of Liability
You expressly understand and agree that under no circumstances shall Website
be liable to you on account of your use or misuse of and reliance on the
Service. Such limitation of liability shall apply to prevent recovery of
direct, indirect, incidental, consequential, special, exemplary, and
punitive damages (even if Website have been advised of the possibility of
such damages). Such limitation of liability shall apply whether the damages
arise from use or misuse of and reliance on the Service, from inability to
use the Service, or from the interruption, suspension, or termination of the
services (including such damages incurred by third parties). Such limitation
shall also apply with respect to damages incurred by reason of other
services or goods received through or advertised on the Service or received
through any links provided in the Service, as well as by reason of any
information or advice received through or advertised on the Service or
received through any links provided in the Service. Such limitation shall
apply, without limitation, to the costs of procurement of substitute goods
or services, lost profits, or lost data. Such limitation shall apply with
respect to the performance or non-performance of the Service or any
information or merchandise that appears on, or is linked or related in any
way to, the Website network. Such limitation shall apply notwithstanding any
failure of essential purpose of any limited remedy. Such limitation shall
apply to the fullest extent permitted by law. Under no circumstances shall
Website be held liable for any delay or failure in performance resulting
directly or indirectly from acts of nature, forces, or causes beyond its
reasonable control, including, without limitation, internet failures,
computer equipment failures, telecommunication equipment failures, other
equipment failures, electrical power failures, strikes, labor disputes,
riots, insurrections, civil disturbances, shortages of labor or materials,
fires, floods, storms, explosions, acts of god, war, governmental actions,
orders of domestic or foreign courts or tribunals, non-performance of third
parties, or loss of or fluctuations in heat, light, or air conditioning. In
some jurisdictions, limitations of liability are not permitted. In such
jurisdictions, the foregoing limitation may not apply to you.
13. Indemnity
You agree to indemnify and hold Website, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of your content, your use of the Service,
your connection to the Service, your violation of the Terms, or your
violation of any rights of another.
14. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit any
portion of the Service, use of the Service, or access to the Service.
15. Sponsors
The sponsors of the Website are separate legal entities and are not related
to the Website. The sponsors are not responsible for your actions, postings,
statements, or other activity. You shall hold harmless and indemnify the
sponsors of the Website from any lawsuit, dispute, or other legal action
should the lawsuit, dispute or other legal action result out of your
actions, postings, statements, or other activity.
16. Export Control
The United States controls the export of products and information. You agree
to comply with such restrictions and not to export or re-export the content
(including Software) to countries or persons prohibited under the export
control laws. By downloading the content (including Software), you are
agreeing that you are not in a country where such export is prohibited and
that you are not on the U.S. Commerce Department's Table of Denial Orders or
the U.S Treasury Department's list of Specially Designated Nationals. You
are responsible for compliance with the laws of your local jurisdiction
regarding the import, export, or re-export of the Product.
17. Jurisdictional Issue
This agreement shall be governed by, construed and enforced in accordance
with the laws of the State of Georgia, as it is applied to agreements entered
into and to be performed entirely within such State. Any action you bring to
enforce this agreement or any matters related to this site shall be brought
in either the State or Federal Courts located in Atlanta, Georgia. If
any provision of this agreement shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from this
agreement and shall not affect the validity and enforceability of any
remaining provisions. This is the entire agreement between the parties
relating to the matters contained herein and shall not be modified except in
writing.
theeroticadvocate.com, 9/3/2007