Terms and conditions of membership, access and use of Adultkamasutra.com
1. Parties to this agreement; definitions
2. Sexually explicit material.
3. Access and use
restricted to adults only; access or use by a minor is a violation of
civil and criminal laws.
4. Grant of limited license
5. Indemnification for unauthorized use of proprietary materials
6. Monthly membership’s fees
7. Cancellation
8. reserved right to discontinue any feature of web site
9. Payment processing authorization
10. Deactivation of password or access code for lack of activity
11. Payment authorization
12. Disputing charges.
13. Notices to company or members
14. Termination of membership
15. You may not
transfer or assign your membership, access rights or other privileges
16. Password Security
17. Authorization and permission to send e-mails to you
18. Restrictions on use
19.
Communications in chat room or public areas not private; no monitoring
by Company.
20. No screening
of third party content or communications; limitation of liability
21. No
representation, guarantee or warranty that web site or content
associated therewith is free of harmful or malicious code.
22. Disclaimers; no warranties; your use of this site is at your own
risk.
23. Limit of company's liability
24. Custodian of records
25. Cooperation with law enforcement
26. Notices to company or members
27. Entire agreement
28. Venue and jurisdiction, choice of law, arbitration
39. Unenforceability of provisions
30. Assignment of rights under this agreement
31. Non-waiver
32. Affirmation
of agreement; acknowledge you have read this entire agreement
Terms and conditions of membership, access and use of Adultkamasutra.com
Legal Notice:
Your agreement to all the terms and conditions
of this agreement is required for you to become a member of, or
otherwise access or use the restricted "members only" areas of
Adultkamasutra.com ("web site"). If you do not agree to the terms and
conditions, set forth below, you will not be accepted as a member and
you will not be authorized to access, view, download or otherwise use
any of the content or other materials in the members-only portion of
the web site. Before you begin or continue to use our web site or any
services provided by or through our web site, please carefully read
this legal document ("agreement"). This agreement contains important
information and sets forth the entire agreement between you and us. It
is, therefore, very important that you completely read this agreement
because by your use or continued use of the web site or any of its
related services, you will be expressly signifying that you agree to
all the terms, conditions and other provisions, set forth in this
agreement and in our privacy policy including important limitations
regarding the locations from which you may access the web site (see
paragraph 5 "prohibited areas"). This agreement contains thirty-three
(33) topical paragraphs (numbered 1 through 33). Many topical
paragraphs contain one or more sub-paragraphs. Please read each
paragraph and subparagraph carefully. your acceptance of these terms and
conditions by clicking on an "i accept" button at the end of this
agreement or elsewhere on the web site, to signify your acceptance, will
constitute your acknowledgment and agreement that these terms and
conditions constitute a binding and enforceable agreement between you
and the company, and that you hereby acknowledge and agree to all of
the above and to all of the following:
1. Parties to this agreement; definitions
1.1 parties. The parties to this agreement are you and modeling services, hereinafter the "company."
1.2. DEFINITIONS. As used in this Agreement
1.2.1 The terms
"Company," "Licensor," "We," "Us" and variants thereof, shall
interchangeably refer to the Company as licensor of certain
non-exclusive rights to You, the licensee, to conditionally access and
use the Web Site and materials available in, at, through, and in
association, with the Web Site, subject to the terms and conditions of
this Agreement.
1.2.2. The terms
"Member," "Subscriber," User," "You" and variants thereof, shall
interchangeably refer to You, an individual, human being (i.e., a
non-commercial entity) seeking a limited license, subject to the terms
and conditions of this Agreement, to access the restricted areas of the
Web Site, and materials and services available in, at, through, and in
association with, the Web Site, for entertainment and educational
purposes only.
1.2.3. The terms
"Content," and "Materials," shall interchangeably refer to prerecorded
materials, including photographs, video, audio, audiovisual materials,
textual, graphical, "audio text", "video text," and other materials
available in, at, through, or in association with, the Web Site, by the
Company or by one or more third party Content providers pursuant to
licensing or sub-licensing agreement(s) with the Company.
1.2.4. The terms
"Agreement," "Terms and Conditions," "Terms of Use" and "this document"
shall interchangeably refer to this Agreement entitled "Terms and
Conditions Of Access And Use Of Adultkamasutra.com and all future
versions and modifications thereof created by the Company or its
successor(s), assign(s) and it(their) successors(s) and assign(s).
2. Sexually Explicit Material.
2.1. Intended for consenting adults only. all
content and other materials, including messages, and other
communications, contained in, at or available through or in association
with, the web site, are intended for distribution exclusively to
consenting adults located in locations where such materials, messages
and other communications neither exceed the contemporary community
standards of the community in which such adults are located nor violate
any federal, state or local law or regulation of the united states, any
state thereof, or any other country.
2.2. Acknowledgment of materials of
a sexual nature. you hereby acknowledge that you know and understand
that the materials presented at, downloadable from, or otherwise
available in, at, through or in association with, the web site, include
explicit visual, audio, and/or textual depictions of nudity and sexual
activities, including without limitation, heterosexual, bi- sexual,
homosexual, and transsexual activities of an explicit sexual nature;
that you are familiar with materials of this kind; that you are not
offended by such materials; and that by agreeing to these terms and
conditions you are warranting to the company that you are intentionally
and knowingly seeking access to such explicit sexual materials for
your own personal viewing.
3. Access and use restricted to adults only; access or use by a minor is a violation of civil and criminal laws.
3.1. Age restricted access. no persons under the age of eighteen (18) years (twenty-one (21) years in places
where eighteen (18) years is not the age of majority) may directly or
indirectly view, possess or otherwise use any of the contents of the
web site, or any materials otherwise available in, at, through or in
association with, the web site, or place any orders for any goods or
services advertised in, at, through or in association with, the web
site.
3.2. Acknowledgment
that access or use by minor constitutes violations of civil and
criminal laws. You hereby acknowledge that You understand and hereby
agree that any access to the age restricted parts of the Web Site or
any age restricted Materials otherwise available in, at, through or in
association with, the Web Site, in any manner, by a minor or by a person
assisting a minor to access any such restricted parts of the Web Site,
shall constitute unauthorized accessing of the Company's computers and
databases in excess of the authorization expressly granted by the
Company in this Agreement, and shall comprise a violation of The Stored
Communications Act (18 U.S.C. §§ 2701- 2710), trespass to chattels,
intentional copyright infringement(s) of the Company's, and potentially
others', copyrights protected under the laws of the United States and
other countries, intentional infringements of the Company's trademarks
and potentially other serious violations of civil and criminal laws.
3.3 Affirmation of
current adult status. you hereby affirm and warrant that you are
currently over the age of eighteen (18) years (twenty-one (21) years in
places where eighteen (18) years is not the age of majority) and you
are capable of lawfully entering into and performing all the
obligations set forth in this agreement.
4. Grant of Limited License
4.1 Limited Non-Exclusive
License. In consideration of the payment of membership fees, together
with representations, warranties, acknowledgments, and other agreements
made by You, as set forth in this Agreement, and subject to the terms
and conditions set forth in this Agreement, the Company hereby grants
You all the privileges of Membership including access to the
Members-only Materials at the Web Site and limited, nonexclusive and
nontransferable license to use the Materials contained in, at or made
available through or in association with, the Web Site solely for Your
private personal entertainment, educational and non-commercial use, as
provided by the Company during the period in which You are a Member in
good standing.
4.2 Extent of
Access Determined by Type of Membership. The extent of your access
rights to the Content, and other Materials accessible through, the Web
Site will be determined by the type of membership you purchase.
4.3 Agreement and
Rights Of Access Subject To Change. You agree that this Agreement and
Your right to access the Web Site, or any parts thereof, are subject to
change by the Company at any time and changes shall become effective
upon notice to You or Members generally by e-mail, posting at, or via
hyperlink to, the Web Site, or by mail. You may not alter, delete, add,
edit or otherwise change any of these terms and conditions, and any
such attempted alteration shall be void and of no effect.
4.4 Important
Access And Use Restrictions. You acknowledge and agree that all Content
and other Materials contained in, at or available through or in
association with, the Web Site are proprietary and constitute valuable
intellectual property owned by the Company or others who have licensed
use of, or access to, such Materials to the Company. As such, You
acknowledge and agree that You may access, view, download, receive and
otherwise use the Materials available in, at, through or in association
with, the Web Site only as specifically authorized by the Company and
only in accordance with the terms and conditions of Your membership.
You may access and use such Materials only on one computer at a time
and, if downloadable copies of the Materials are made available to You,
You may make only a single copy of such Materials for Your own
personal noncommercial use and enjoyment. You further acknowledge that
the Company specifically prohibits You from doing any of the following
acts, and You agree and warrant that You will not to do any of these
prohibited acts:
4.4.1. permit other individuals to directly or indirectly use the Materials;
4.4.2. modify,
translate, reverse engineer, decompile, disassemble, any part of the
Web Site, any Content or other Materials, or any feature or function
available in, at, through or in association with, the Web Site (except
to the extent applicable laws specifically prohibit such restriction);
4.4.3. Make copies or create derivative works based on the Content or other Materials, except as provided herein;
4.4.4. Rent, lease, or transfer any rights in the Materials;
4.4.5. remove any proprietary or legally required notices or labels on the Materials;
4.4.6. Rebroadcast or otherwise transmit the Materials via the Internet or any other means;
4.4.7. view or otherwise use Materials in the
presence of any person who is a minor, as defined in the jurisdiction
in which You make such use; and
4.4.8. Make any other use of the Materials not expressly permitted herein.
4.4.8 No
Unauthorized Use or Access. 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 in, at, through or in association with, the Web Site
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, Content or other Materials, directly or
indirectly in geographic locations which the Company does not authorize
such access, viewing, downloading, receipt or other use.
4.4.9
Acknowledgment of Restricted Location Access. You hereby acknowledge
and understand that neither the Company nor any persons affiliated
therewith authorize the accessing, viewing, downloading, duplication,
receiving, transmission, broadcasting or other use of the Materials
contained in, at, or available through or in association with, the Web
Site, by any person, INCLUDING YOU, who is located in any of the areas
designated as PROHIBITED AREAS (see Paragraph 5 below).
4.10 Use Exceeding
Authorization Violates Civil And Criminal Law. All the intellectual
property available in, at, through, or in association with, the Web
Site is either owned by or licensed to the Company. The Company
reserves all rights to restrict the access to, and to restrict the
duplication and distribution of, all such intellectual property. The
Company also reserves the right to restrict access to all or part of
the Web Site and to its computer databases. You hereby acknowledge that
You understand and hereby agree that any and all unauthorized access,
viewing, downloading, receipt, duplication or other unauthorized use of
the Web Site, Materials available in, at, through or in association
with, the Web Site, or the Company's computer databases, including, but
not limited to, accessing, viewing, downloading, receiving or other
use of Materials in any PROHIBITED AREAS (see Paragraph 5 below), in any
manner, by You, directly or indirectly, shall constitute intentional
copyright infringement(s) of the Company's, and potentially others',
copyrights protected under the laws of the United States and other
countries, and shall further constitute trespass to chattels and
intentional infringements of the Company's trademarks. Moreover, You
acknowledge and agree that any accessing of Materials available in, at,
through or in association with, the restricted parts of the Web Site,
from any PROHIBITED AREA (see Paragraph 5 below), or any other
unauthorized use or unauthorized accessing of restricted parts of the
Web Site or Materials, in whole or in part, in excess of the
authorization expressly granted by the Company in this Agreement, shall
comprise a violation of The Stored Communications Act (18 U.S.C. §§
2701- 2710). Intentional violation of the Company's copyrights could
subject You to statutory damages of up to $150,000 per infringement.
5. Indemnification for Unauthorized use of Proprietary Materials
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, accessing of the
Web Site or the Company's other computer databases, downloading,
duplication or other unauthorized use of the Web Site or any Content or
other Materials available in, at, through or in association with, the
Web Site by You, alone, or with, or under the authority of, any other
person(s), including, without limitation, any governmental agency(ie),
wherein such damages include, without limitation, all direct and
consequential damages directly or indirectly resulting from such
unauthorized activities, including, without limitation, attorney's fees
and all litigation costs.
6. Monthly Memberships Fees
By accessing the Content
available in, at, through or in association with the restricted parts
of the Web Site, You authorize the charges set forth and You agree to
the following terms and conditions:
6.1.1 Purchase a standard RECURRING MONTHLY
MEMBERSHIP to the Web Site at the then current standard monthly rate;
and
6.1.2 Renew Your RECURRING MONTHLY MEMBERSHIP to the
Web Site for successive periods of one month each at the then current
standard one-month RECURRING MONTHLY MEMBERSHIP rate.
6.3. All Membership
Fees And Other Fees Subject to Change. All Membership and other fees
for services available in, at, through or in association with Web Site,
are subject to change at any time at the sole and absolute discretion
of the Company.
6.4 Registration Information.
To become a member and access the restricted parts
of the Web Site, You may be asked to provide certain registration
details or other information. It is a condition of Your use of the Web
Site that all the information You provide in, on, through, or in
association with, the Web Site will be correct, current, and complete.
If Company believes the information You provide is not correct,
current, or complete, the Company has the right to refuse Your access
to the Web Site or any of its features, functions, Content or other
Materials, and to terminate or suspend such access at any time.
7. Cancellation
Canceling automatic
renewal of recurring monthly membership. to cancel your recurring
monthly membership you must notify the company of your cancellation by
e-mail, telephone, or u.s. mail at the then current e-mail address,
telephone number or mailing address as provided at
https://aduultkamasutra.com/support.cgi. at least seven (7) days before
the expiration date of your then current membership term.
7.1. All Cancellations Effective Upon Receipt. All cancellations received by the Company will be effective upon receipt.
7.2. No Refunds for
Unused Portion of Monthly Membership. You hereby acknowledge and agree
that if You cancel Your monthly membership, or if Your membership is
canceled by the Company, Your username and password will be removed
from the system at the end of the then current monthly membership
period and that You will be entitled to receive the full benefits of
Your monthly membership until the end of such period. You shall not be
entitled to any pro-rated or partial refund if you cancel your monthly
membership before the end of the then current monthly membership
period. You agree that if you cancel at any time after purchasing a
monthly membership to the Web Site (e.g., 20 minutes after you sign
up), you will still be charged the full month's membership fee.
7.3 Company
Reserves Right To Cancel Any Membership And Issue Refunds. The Company
may, at any time and at its sole discretion, cancel any trial
membership or any monthly membership; provided, however, that if the
Company cancels any trial membership prior to its expiration, the
Company shall provide a pro-rata refund for the remaining portion of
the canceled month's membership by automatic credit.
7.4 Reserved right to discontinue any feature of web site
You acknowledge and agree that the Company and third
party Content providers may temporarily or permanently, modify,
diminish or discontinue entirely any feature, function, service or part
of the Web Site or Membership, or any Content or other Materials
available in, at, through or in association with, the Web Site, at any
time, in the Company's sole discretion, or, as relevant, in the sole
discretion of the applicable third party Content provider(s).
8. Payment Processing Authorization
9. Payment Processing Authorization.
You hereby authorize the
Company and the Company's Internet Payment Service Providers and other
authorized agents and assigns ("Authorized Processors") to charge Your
credit card to pay for Your trial membership fee, if any, and all
monthly membership fees, including RECURRING MONTHLY MEMBERSHIP FEES to
the Web Site at the then current standard monthly membership rate. You
further authorize the Authorized Processors to charge Your credit card
for any and all purchases of products, services and entertainment
available through, at, in or on, or provided by, the Web Site. You
agree to be personally liable for all charges incurred by You during or
through the use of Web Site. Your liability for such charges shall
continue after termination of Your membership.
9. 1 Only You May
Enter Your Credit Card Information Into Forms At Or, Associated With,
The Web Site. You acknowledge, agree and warrant that the name, account
number, expiration date, security code, if any, and all other
information relating to any credit card you use to pay for your
Membership or any other any service or products in, at, through or in
association with, the Web Site, was and, at all times, shall be entered
by only You at credit card data forms and data request prompts located
in, at or associated with, the Web Site.
10. Deactivation of Password or Access Code for lack of activity
If Company issues You a
Password or access code for the Web Site's restricted areas or for
other access to Content or other Materials available in, at, through or
in association with, the Web Site, and You fail to use that Password
or access code within seventy-two (72) hours after You have been given
such Password or access code, the Company may in its sole and exclusive
discretion deactivate such Password and/or access code.
11. Payment Authorization
11.1. Generally. Payment for
the services provided to You in, at, through or in association with the
Web Site may be made by automatic credit card debit, debit card,
online checks, Short Message Signal ("SMS") billing, and other approved
payment means offered in, at, through or in association with, the Web
Site, and You hereby authorize Company and its agents to transact such
payments on Your behalf.
12 Authorization to Charge Your Credit Card
You hereby authorize the
Company, its assigns, successors and its billing agents, including, its
Internet Payment Service Providers, to charge Your credit card to pay
for Your Membership to the Web Site. You further authorize the Company
to charge Your credit card for any and all purchases of products,
services and other entertainment available in, at, through, or in
association with, the Web Site. You agree to be personally liable for
all charges incurred by You in association with Your access or other
use of any live shows or other Content provided by the Company or any
third party in association with the Web Site. You acknowledge and agree
that Your liability for all such charges shall continue after
termination of Your access or any type of membership arrangement with
the Company.
12. 1.
Authorization To Charge Your Credit Card Or Other Selected Payment
Means For Automatic Renewals Of Your Monthly Recurring Membership.
Unless and until You notify the Company that You wish to cancel or
terminate Your Membership to Web Site, You hereby agree and authorize
Company, its assigns, successors, and designated payment processing
agents, including its Internet Payment Service Processors, to
automatically renew Your Membership to the Web Site on a continuing
monthly basis and to charge Your credit card (or other payment means
you have selected) to pay for the ongoing cost of Your Membership. You
hereby further authorize the Company, its assigns, successors, and
designated payment processing agents, including its Internet Payment
Service Processors, to charge Your credit card (or other approved
payment means you have selected) for any and all purchases of products,
services and entertainment provided to in, at, through or in
association with, the Web Site.
12.2. Obligation To
Report Lost Or Stolen Credit Card. You further agree that as a Member
and User of the Web Site, You must promptly inform Company of any and
all the following: loss or theft of the credit card, debit card or
information theft associated with the online checking account or other
selected payment means used to pay for Membership to the Web Site or
other goods or services obtained in, at, through, or in association
with, the Web Site; 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
of unauthorized use of an ID, access code or Password; and all other
changes pertaining to Your credit card, debit card, online checking or
other payment account used to pay for services or products in, at,
through or in association with, the Web Site, pursuant to this
Agreement, or otherwise, which may affect the Company's ability to
expeditiously obtain payments due to the Company. You agree that You
will remain liable for any unauthorized use of the Web Site and use of
any services or products obtained in, at, through or in association
with, the Web Site or Your Membership, until You have notified
Company's Customer Service by electronic mail at escort-service@adultkamasutra.com
12.3. Fraudulent
Reporting Of Unauthorized Credit Card Charge; Liquidated Damages. You
hereby agree that any fraudulent reporting of a lost or stolen credit
card used to obtain goods or services in, at, through, or in
association with, the Web Site, the Company or any third party service
provider or affiliate related thereto, or any fraudulent reporting of an
unauthorized charge to Web Site 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 the Web Site
or a related third party remains outstanding at the time of such
fraudulent reporting, shall cause You to be liable to the Company for
liquidated damages of $25,000.00 for each instance of such fraudulent
activity. 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 or warranties set
forth in this Agreement, or for any infringements of the Company's or
any other person's or entity's intellectual property rights or the
infringement of any other rights or violations of any laws.
12.4.
Responsibility For Unauthorized Use Of Web Site. You further
acknowledge and agree that You will remain liable to the Company for any
unauthorized use of the Web Site or Materials or services associated
with the Web Site or Your Membership that is due to Your negligence or
any intentional acts in which You were directly or indirectly involved.
You further agree that You will remain liable for any such
unauthorized use until You have notified Company's Customer Service
Representative by electronic mail at escort-service@adultkamasutra.com.
13. Disputing Charges.
To dispute or cancel any erroneous charge, you must contact the company by e-mail escort-service@adultkamasutra.com
14. Notices to Company or Members
Notices from the Web Site to
You may be given by means of electronic messages, by general posting on
the Web Site, 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. All notices to the company shall
be sent by electronic mail at escort-service@adultkamasutra.com.
15. Termination of Membership
Subject to the cancellation
policy and procedures set forth in this Agreement, either the Company
or You may terminate Your Membership at any time without cause. Your
liability for all charges incurred during Your Membership term shall
continue after Termination of Your Membership for any reason.
16. You may not transfer or assign your membership, access rights or other privileges
You shall not, under any
circumstances, have the right to transfer or assign Your membership,
rights of access to the Web Site or any Content or other Materials
available in, at, through or in association with, the Web Site, or any
other rights or privileges granted to You by the Company, or any other
party in association with the Web Site, to any other person or entity,
and that any attempted transfer or assignment of any such rights shall
be void.
17. Password Security
Access to and use of
"members-only" or otherwise restricted areas of the Web Site is through
the use of a password. Any passwords used for the Web Site are for
individual use only. You will be responsible for the security of Your
password. Each Member must keep his or her password strictly
confidential, and You hereby agree to do so. The Company will be
entitled to monitor Your password and, at its discretion, require You to
change it. If You use a password that the Company considers insecure,
the Company will be entitled to require the password to be changed
and/or terminate Your account. You agree that if You share Your unique
Login name, Your Password or any other online security information with
another individual, that Your access to the Web Site is subject to
immediate termination without notice or reimbursement of any kind. Any
sharing of passwords or any other methods of unauthorized access to the
Web Site with any other person is strictly forbidden. Any such
password sharing or other unauthorized activity exceeds the authority
granted to You to access the restricted areas of the Web Site,
restricted Content and other Materials or restricted services offered
in, at, through, or in association with, the Web Site.
You are prohibited
from using any services or facilities provided in connection with the
Web Site to compromise security or tamper with system resources and/or
accounts. The use or distribution of tools designed for compromising
security (e.g., password guessing programs, cracking tools or network
probing tools) is strictly prohibited. If You become involved in any
violation of system security, Company reserves the right to release
details regarding such incidents and Your personal information to
system administrators at other sites in order to assist them in
resolving security incidents. Further, such unauthorized access of the
Web Site and/or other related restricted databases, including, without
limitation, by means of password sharing, violates the intellectual
property rights of the Company, and potentially other parties, and may
violate civil and criminal laws, including the Stored Communications
Act. The Company reserves the right to investigate all suspected
violations of these and other posted Terms of Use.
18. Authorization and permission to send e-mails to you
Please read our Privacy Policy
You hereby authorize, permit and request notices, advertisements,
e-mail and other communications to be sent to You from Company and/or
its authorized agents, assigns, representatives, advertisers,
successors, affiliates and contractors. You acknowledge and agree that
such communications may include any type of matter, including, without
limitation, communications containing explicit nudity, explicit sexual
depictions, sexual language and explicit sexual situations, including
those involving heterosexuality, homosexuality and transsexuality. You
agree that Company is under no obligation or restriction regarding the
sale of Your email information to any third parties for any purpose.
Moreover, You agree that Your request, authorization and permission to
Company to send You such Materials and communications shall continue to
be in effect unless and until You notify Company that You wish to be
deleted from Company's email list, in which case, You acknowledge and
agree that Company shall be obligated only to delete You from its email
list and not the email list(s) of any third parties regardless of how
such parties obtained Your email information. You acknowledge and agree
that You will need to contact such third parties to be deleted from
their email list(s). If You do not wish to receive advertising email
from Company Click HERE.
18.1 Opt-out and
Cancellation Provisions. At any time, You may opt out of future
e-mailings and cancel Your receipt of future sexually-oriented
e-mailing from the Company by clicking the unsubscribe link at the
bottom of each e-mail or sending an e-mail cancellation request to
escort-service@adultkamasutra.com.
18.2 Acknowledgment
of Privacy Policy. You hereby acknowledge the Company's Privacy Policy
and waive any claims against the Company arising out of any matter
relating thereto.
19. Restrictions On Use
19.1. Use Limited By Company.
You may only use the Web Site for purposes expressly permitted by the
Company as set forth herein and/or elsewhere in the Web Site. You may
not use the Web Site for any other purpose, including any commercial
purpose, without the Company's express prior written consent. For
example, You may not (and may not authorize any other party to) (i)
co-brand the Web Site, or (ii) frame the Web Site, or (iii) hyper-link
to the Web Site, without the express prior written permission of an
authorized representative of the Company. For purposes of this
Agreement, "co-branding" means to display a name, logo, trademark, or
other means of attribution or identification of any party in such a
manner as is reasonably likely to give a user the impression that such
other party has the right to display, publish, or distribute the Web
Site or Content or other Materials accessible in, at, through or in
association with, the Web Site. You agree to cooperate with the Company
in causing any unauthorized co-branding, framing or hyper-linking
immediately to cease.
19.2. Proprietary
Content And Other Information. The Web Site and all Content and other
Materials accessible in, at, through or in association with, the Web
Site, and any other World Wide Web site owned, operated, licensed, or
controlled by the Company are the proprietary information of the
Company or the party that provided such Content and other Materials to
the Company and Company or the party that provided the Content to
Company retains all right, title, and interest in such Content and
Materials. Accordingly, such Content and other Materials may not be
copied, distributed, republished, uploaded, posted, or transmitted in
any way without the prior written consent of the Company, except that
You may view a copy of the Content on one computer at a time solely for
Your personal use. In doing so, You may not remove or alter, or cause
to be removed or altered, any copyright, trademark, trade name, service
mark, or any other proprietary notice or legend appearing on any of
the Content or other Materials. Modification or use of the Content or
other Materials available in, at, through or in association with the
Web Site, except as expressly provided in this Agreement violates the
Company's, and potentially other parties', intellectual property rights.
Neither title nor intellectual property rights are transferred to You
by granting You a Membership in, or otherwise allowing You access to,
the Web Site.
19.3. Trademarks,
Service Marks and Logos. The name of this Web Site is a service mark of
Company. No use of this mark shall be permitted except through the
prior written authorization and permission of Company. All rights
reserved. All other trademarks, service marks, and logos appearing in
the Web Site are the property of the Company or the party that provided
the trademarks, service marks, and logos to the Company. The Company
and any party that provided trademarks, service marks, and logos to the
Company retain all rights with respect to any and all of their
respective trademarks, service marks, and logos appearing in the Web
Site.
19.4. Restrictions
on Members' Communications; Liability For Information You May Post. If
the Company should, at any time, provide any service which enables You
to communicate or otherwise share information, with other Members or
Users or the Web Site, with persons providing any kind of service to
You or other Users of the Web Site, or with any other persons, or which
enables You to post information at, in, through or in association with,
the Web Site, in any manner, You agree not to post, submit, publish,
display, disseminate, or otherwise communicate, while connected to, or
otherwise directly or indirectly using the Web Site or other services
(including live or non-live chat services), features or functionality
provided to You by the Company or any third party, any defamatory,
obscene, pornographic, profane, 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 or entity, or violates any law,
regulation, rule or custom. Transmission of any such material or any
other material that violates any federal, state, or local law in the
United States or anywhere else in the world, by You, in, at, through,
or in direct or indirect association with, the Web Site, or any feature
or function relating thereto, is strictly prohibited and shall
constitute a material breach of this Agreement entitling the Company to
immediately terminate all Your rights to access the Web Site and
related Content, Materials, features and functions, without notice or
reimbursement.
19.4.1 You may not
at any time post, send, submit, publish, or transmit in connection with
the Web Site, or otherwise use the Web Site or any feature or
functionality in, at, through or in association with, the Web Site, to
disseminate, in any manner, any material that:
19.4.1.1. You do not have the right to post, including proprietary material of any third party;
19.4.1.2. advocates illegal activity or discusses an intent to commit an illegal act;
19.4.1.3. is vulgar, obscene, pornographic, or indecent;
19.4.1.4. Does not pertain directly to the Web Site;
19.4.1.5. Threatens or abuses others, libels,
defames, invades privacy, stalks, is obscene, pornographic, racist,
abusive, harassing, threatening or offensive;
19.4.1.6. seeks to exploit or harm children by
exposing them to inappropriate content, asking for personally
identifiable details or otherwise;
19.4.1.7. infringes any intellectual property or
other right of any entity or person, including violating anyone's
copyrights or trademarks or their rights of publicity;
19.4.1.8. violates any law or may be considered to violate any law;
19.4.1.9. Impersonates or misrepresents Your
connection to any other entity or person or otherwise manipulates
headers or identifiers to disguise the origin of the content;
19.4.1.10. Advertises any commercial endeavor (e.g.,
offering for sale products or services) or otherwise engages in any
commercial activity (e.g., conducting raffles or contests, displaying
sponsorship banners, and/or soliciting goods or services) except as may
be specifically authorized on the Web Site;
19.4.1.11. solicits funds, advertisers or sponsors;
19.4.1.12. includes programs which contain viruses,
worms and/or Trojan horses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications;
19.4.1.13. disrupts the normal flow of dialogue,
causes a screen to scroll faster than other users are able to type, or
otherwise act in a way which affects the ability of other people to
engage in real time activities via the Web Site;
19.4.1.14. includes MP3 format files;
19.4.1.15. amounts to a 'pyramid' or similar scheme;
19.4.1.16. violates any policy or regulations
established from time to time regarding use of the Web Site or any
networks connected to the Web Site; or
19.4.1.17. Contains hyper-links to other sites that
contain content that falls within the descriptions set forth above.
19.4.2. 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 at, on,
through or in association with, the Web Site, including via online
public, private and semi-private online chat or other communication of
any kind, even if a claim for damages or liability should arise after
termination of service.
20. Communications in chat room or public areas not private; no monitoring by company
You acknowledge and agree that
all messages and Content posted by You or others in any Chat rooms or
public areas of the Web Site, if any, shall be deemed to be readily
accessible to the general public and consequently should not be
considered private or confidential. Notice is hereby given that all
messages posted or otherwise entered or submitted to this Web Site or
any device accessible in, at, through or in association with, the Web
Site, can and may be read by the Company, its agents, assigns,
successors, and other operators of the Web Site, whether or not they
are the intended recipient(s). If Company creates or makes available a
Chat Room or Public Area in, at, through, or in association with, the
Web Site, You acknowledge that You have been informed that all messages
or Content posted by You or others in any Chat rooms or public areas
of the Web Site shall be deemed to be readily accessible to the general
public and consequently should not be considered private or
confidential. Notice is hereby given that all messages entered into any
private or semi-private communication with a performer accessible at,
in, through or in association with, the Web Site, such as a live video
performer, may be read by the Company, its agents, assigns, successors,
and other operators of the Web Site, whether or not they are the
intended recipient(s). Company, its, agents, assigns and successors
shall have no obligation to monitor any Chat Room, public area or any
submitted communications, and disclaim any such obligation.
21. No screening of third party content or communications; limitation of liability
21. 1. Hyper-Linked
Advertisements and Other Content. The Web Site may be hyper-linked to
other sites which are not maintained by, or related to the Company.
Hyper-links to such sites may comprise advertisements, may be provided
as a service to users or have other functions. Such sites are not
sponsored, endorsed or controlled by the Web Site or the Company. The
Company does not review such sites and is not responsible for the
Content available at those sites. Hyper-links are, therefore, to be
accessed at the user's own risk, and the Company makes no
representations or warranties about the Content, completeness or
accuracy of these hyper-links or the sites hyper-linked to the Web
Site. You might also access some of the Content of the Web Site via
hyperlinks that will connect You to third parties, or to third-party web
sites that may provide Content and other Materials to the Web Site
(e.g., linked photographic "galleries," "video-clip galleries" or live
video chat studios). The Company has no editorial control or
supervision over the selection or display of the Content provided by
those third-parties or those third-party web sites. The owners and
operators of all third-party web sites are solely responsible and
liable for the Content they provide to You directly or in association
with the Web Site.
21.2. Company Has
No Editorial Control Over Communications Submitted To The Web Site By
Advertisers or Marketing Affiliates. You acknowledge that You
understand that the Company does not screen or endorse the Content of
any advertisements or communications submitted, posted or linked to the
Web Site by third-party advertisers or marketing affiliates, for
electronic dissemination at or through the Web Site, nor does the
Company have or exercise any editorial control or supervision over such
Content or the Content of any third-party web site framed in the Web
Site. You are advised to use Your own judgment to evaluate all third
party banners and other advertisements and all other communications
available in, at, through, or in association with , the Web Site that
are made by third parties not under the control or supervision of the
Company. You are also advised to use Your own judgment to evaluate all
such advertisements and other communications prior to purchasing goods
and/or services described therein. You acknowledge and agree that You
assume all risks associated with engaging such links, purchasing such
goods and/or services described in such banners and other
advertisements, and responding to communications by such third party
Content providers, including online chat participants and live video
performers.
21.3. Company Has
No Editorial Control Over Communications Submitted To The Web Site By
Other Members and Users of the Web Site. You further acknowledge that
You understand that the Company does not control the content of any
information, messages, communication, personal data, photographs, video
or audio content, or any other Content or other Materials posted or
uploaded by Users of the Web Site (collectively, " User Originated
Content"), and that You release the Company and its agents, officers,
directors and employees, from any and all liability and responsibility,
directly and indirectly, in connection with the content of any
information, messages, communication or other User Originated Content
You may receive from other Users of the Web Site.
21.4 Immunity
Provided Under the Communications Decency Act. Company claims immunity
from liability to the fullest extent under the law and as provided
under the Communications Decency Act for User Originated Content
provided by third parties and members, and nothing in this Agreement is
intended to waive, remove, diminish or usurp such immunity. You
understand and agree that Company reserves the right, in its sole and
exclusive discretion, to delete any Content, messages, photos, profiles
or other information posted on the Web Site by You or any User or any
other person that, in its sole judgment, the Company determines is in
violation of this Agreement or that the Company determines might be
otherwise offensive, illegal, vulgar, hateful, abusive, or that might
violate the rights, harm, or threaten the safety of, the Company, any
of its members, employees, advertisers, agents, assigns, and/or any
other person or entity.
22. No representation, guarantee or warranty that web site or content associated therewith is free of harmful or malicious code
You understand that the
Company cannot, and does not, represent, guarantee or warrant that
files available for downloading from the Internet will be free of
viruses, worms, Trojan horses or other code that may manifest
contaminating or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy Your
particular requirements for accuracy of data input and output, and for
maintaining a means external to the Web Site for the reconstruction of
any lost data. The Company does not assume any responsibility or risk
for Your use of the Web Site, any Materials, feature or function
available in, at, through, or associated with, the Web Site, or Your
use of the Internet, in general, or in association with Your accessing
the Web Site.
23. Disclaimers; no warranties; your use of this site is at your own risk.
23. 1. Content, materials,
features, functions and all other goods and services provided on an "as
is" basis. you hereby agree that the content, materials, features,
functions and all other goods and services provided to you by company
and its affiliated contractors, are provided on an "as is" basis,
without warranties of any kind, including, without limitation,
warranties regarding the availability, accuracy, or content of
materials, information, product or services, or warranties of
merchantability, fitness for a particular purpose, title or
non-infringement, and the company expressly disclaims all such
warranties. the company does not warrant that the functions or content
available in, at, through or in association with, this web site will be
uninterrupted or error-free, that defects will be corrected, or that
this site or the servers that makes it available are free of viruses or
other harmful components. the company does not warrant or make any
representation regarding use, or the result of use, of the content in
terms of accuracy, reliability, or otherwise. the company makes no
warranties that your use of the content will not infringe the rights of
others and assumes no liability or responsibility for errors or
omissions in such content. the content may include technical
inaccuracies or typographical errors, and the company may make changes
or improvements at any time.
23.2. you assume
all risk of use. you, and not the company, assume the entire cost of
all necessary servicing, repair or correction in the event of any loss
or damage arising from the use of the web site or any and all content
available in, at, through or in association with, the web site. the
entire risk as to the quality and performance of the materials,
features, functions, goods and services provided by company, or
otherwise available in, at, through or in association with the web
site, is borne exclusively by you. should any such content or other
materials, or any feature, function, good or service prove defective
and/or cause any damage to your computer or inconvenience to you, you,
and not the company, assume the entire cost and all damages which may
result directly or indirectly from any and all such defects.
23. 3 no duty to
update information. all of the information in the web site, whether
historical in nature or forward-looking, speaks only as of the date the
information is posted on the web site, and company does not undertake
any obligation to update such information after it is posted or to
remove such information from the web site if it is not, or is no longer,
accurate or complete.
23.4. This
disclaimer is an essential part of this agreement. this disclaimer of
warranty constitutes an essential part of this disclaimer of warranty
constitutes an essential part of this 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. under no circumstances, and under no cause
of action or legal theory, shall the company, its suppliers, licensees,
resellers, or other members or users of the web site, or their
suppliers, licensees, or resellers be liable to you or any other person
for any indirect, special, incidental or consequential damages of any
kind whatsoever including, without limitation, damages for loss of
goodwill, work stoppage, computer failure or malfunction, or any and
all other commercial or non-commercial damages resulting from any use
of the features, function, content or other materials available in, at,
through or in association with, the web site, or any other use of the
web site.
24. Limit of company's liability
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, tortuous behavior, negligence, or under any other
cause or action, shall be strictly limited to the lesser amount of (1)
the membership fee paid by, or on behalf of, the member to the company
for the preceding monthly billing period, or (2) fifty dollars
($50.00). as applicable. 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. company is not
liable for damages resulting from disseminating, failing to
disseminate, or incorrectly or inaccurately disseminating any material,
data, advertisement or other communication at or through the web site.
25. Custodian of Records
All models, actors, actresses
and other persons that appear in any visual depiction of actual sexual
conduct appearing or otherwise contained in Web Site were over the age
of eighteen years at the time of the creation of such depictions. All
other sexually explicit visual depictions of displayed on this Web
Site, while exempt from the provision of 18 U.S.C. 2257 and 28 C.F.R.
75 because said visual depictions are of merely simulated sexual
activity, are, nevertheless, of persons who were at least eighteen (18)
years of age when said visual depictions were created. The records
required pursuant to 18 U.S.C. 2257 and 28 C.F.R. 75 are kept by the
Custodian of Records for Web Site as identified in the 2257 on the Web
Site.
26. Cooperation with law enforcement
The Company reserves the right
to fully cooperate with any law enforcement authorities or court order
requesting or directing the Company to disclose the identity or other
information regarding any Member alleged by any governmental entity to
be using the Web Site or any Content or Materials available in, at,
through or in association with, the Web Site in violation of any law or
regulation, or in violation of this Agreement, including, without
limitation, the posting any of e-mail messages, or publishing or
otherwise making available any such materials.
By accepting this
agreement you waive and hold harmless company from any claims resulting
from any action taken by company during, or as a result of, its
investigations, and from any actions taken as a consequence of
investigations by either company or law enforcement authorities.
27. Notices to Company or Members
Notices from the Company to
You may be given by means of electronic messages, by general posting on
the Web Site, 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.
27.1 All notices to the company shall be sent by electronic or conventional mail to: escort-service@adultkamasutra.com
28. Entire Agreement
This Agreement contains the
entire agreement between You, the Licensee, and the Company regarding
Your access to, and use of, the Web Site, and all Content and other
Materials available in, at, through or in association with, the Web
Site, and all features and functionality directly and indirectly
related to the Web Site. This Agreement supersedes all prior written
and oral understandings, writings and representations, including those,
if any, made by any third party or other person. This Agreement may
only be amended in writing by the Company. Notwithstanding the
foregoing, any additional terms and conditions on the Web Site will
govern the items and matters to which they pertain. The Company may
revise this Agreement at any time by updating this posting.
29. Venue and jurisdiction, choice of law, arbitration
By accepting these terms and
conditions as indicated herein, or by otherwise continuing to use the
Web Site in any manner, You agree that this Agreement and all disputes
or controversies of any kind arising under, or related to this
Agreement, the Web Site, and/or any Content, Materials, features or
functions available in, at, through or in association with, or in any
way relating to, the Web Site, 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.
29.1 Choice of Law.
You further agree that notwithstanding any
judicially or statutorily created choice of law rule that would
otherwise require the application of the law of some other
jurisdiction, all provisions of this Agreement and all matters or
controversies of any kind arising out of, or related to this Agreement
or the rights or liabilities of the parties hereto shall be governed
solely by the substantive statutory and common law of the state of
CALIFORNIA.
29.2 Arbitration.
Any and all disputes or controversies of any kind,
including but not limited to any performance, duty, obligation or
liability arising under or related to this Agreement 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. Notwithstanding the foregoing, any and all disputes,
which the parties cannot informally resolve, regarding the scope of
issues or matter within the jurisdiction of the arbitrator, shall be
resolved by a separate dispute resolution process whereby the Company,
in its sole discretion shall elect the dispute to be resolved by either
(1) a municipal or superior court of competent jurisdiction in LOS
ANGELES, CALIFORNIA or (2) a panel of three (3) new arbitrators.
29.3 Venue.
You and the Company hereby agree that the venue for
all legal disputes, controversies, actions of any kind arising under or
related to this Agreement shall be LOS ANGELES, CALIFORNIA.
29.4 Jurisdiction.
You and Company agree that In case of any litigation
regarding this Agreement, You agree that the venue for such litigation
shall be, depending on the subject matter of the dispute, either the
Municipal Court of Los Angeles, California, the Superior Court of the
County of Los Angeles or the United States District Court for the
Central District of California, Western Division. You hereby consent
and stipulate to the jurisdiction of the Courts of the State of
California and the United States District Court, Central District of
California, Western Division.
30. Unenforceability of Provisions
You and Company agree that 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 and all other portions of this Agreement shall
remain in full force and effect (i.e, if any part of this Agreement is
unlawful, void or otherwise unenforceable, only that part will be
deemed severable and, such severance will not affect the validity and
enforceability of any and all the remaining provisions).
31. Assignment of rights under this agreement
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 Web Site,
payment processing pertaining to Your membership or other payments due
Company, any and all obligations and benefits set forth in this
Agreement and/or any and all information collected pursuant to our
Privacy Policy to one or more affiliated and/or non-affiliated
companies, agents, contractors, assigns and successors. Your further
agree that the Company, may at any time at its sole discretion and
without prior notice to You, transfer or assign any obligation to
provide any feature, function, Content, Material, benefit, or other
services to You to one or more affiliated and/or non-affiliated
companies, agents, contractors, assigns and successors.
32. Non-Waiver
You acknowledge and agree that
the failure of Company or any assignee or successor to enforce any of
the specific provisions of this Agreement shall not comprise a waiver
of, or preclude or stop any later, further or other enforcement of such
provision(s), or any other provision(s), or waive, preclude, stop or
diminish the exercise of any other right hereunder.
33. Affirmation of Agreement; Acknowledge you have read this entire agreement
By clicking on a link agreeing
to this Agreement below or anywhere else in the Web Site and/or by
accessing or continuing to access the Web Site and/or any service,
offer or other functionality available in, on, at or through the Web
Site, You acknowledge and affirm that You have read this entire
Agreement and that You agree to all its terms and conditions. You agree
that Your acknowledgment and agreement to the entirety of this
Agreement is reaffirmed by authorizing the use of Your credit card for
payment of charges and fees for Your Membership to the Web Site and for
any other charges which You may incur for products and/or services
ordered at, in, through or in association with the Web Site, and each
time You access any restricted part of the Web Site.
33.1 Affirmation by
Bookmarking. You agree Any action on Your part to Bookmark to a page
on this Web Site whereby a warning page, age verification page, and/or
the Terms and Conditions page is bypassed shall constitute an implicit
acceptance by You of all the Terms and Conditions set in this Agreement
as well as an explicit acknowledgment by You of the fact that You are
an adult and at least eighteen (18) years of age or of the age of
majority under the laws of Your state, province or country.
33.2 No
authorization without full agreement. if you do not understand or do
not expressly agree to all of the terms, conditions, obligations,
warranties, disclaimers and other provisions of this agreement and our
privacy policy you must leave the site immediately. Unless you
understand and expressly agree with all the terms of this agreement and
our privacy policy, you will not be authorized to use any services
offered or otherwise provided by or through the site. |