Terms of Use
DEFINITIONS
"You" refers to the user of this
website and its related services, and as such you have gained
the right to use this website by respecting the applicable
Terms of Use described in detail below. TheEroticSection.com
is the exclusive owner and operator of TheEroticSection.com
(the website). As used in this Agreement, "we" and
"us" means TheEroticSection.com or any successor or
assign of TheEroticSection.com . "Service(s)" refers
to your use of TheEroticSection.com for any purpose
whatsoever.
OVERVIEW
This Terms of Use Agreement (the
"Agreement") sets forth the terms and conditions
which apply to your use of the TheEroticSection.com
website and all services offered by TheEroticSection.com . By
visiting or using the website in any manner whatsoever, you
are indicating that you agree to be bound by all of the terms
in this Agreement. Please print and keep a copy of this
Agreement for your records. We reserve the right, at any time,
to change or modify the terms and conditions of this
Agreement. Such changes will become effective upon
notification, which we may effect by sending you notice by
email (if you have provided us one) and posting a revised
Agreement on this website, which you can access at any time
using the "Terms of Use" link. Your continued use of
our service after notification of such a change has been sent
shall be deemed to constitute acceptance by you of any such
changes, modifications, additions or deletions. You agree to
review this Agreement periodically to be aware of any such
revisions.
ELIGIBILITY
You must be 18 years of age or older to
visit or use this website in any manner. By visiting TheEroticSection.com
or accepting these Terms of Use, you represent and warrant to TheEroticSection.com
that you are 18 years of age or older, and that you have the
right, authority and capacity to agree to and abide by these
Terms of Use. You also represent and warrant to TheEroticSection.com
that you will use this website in a manner consistent with any
and all applicable laws and regulations.
PRIVACY OF INFORMATION
"Personal Information" means all
information about an identifiable individual. TheEroticSection.com
recognizes the importance of privacy and recognizes the
sensitivity of personal information received by us in the
course of offering our service. We recognize our professional
obligation to maintain the confidentiality of our clients'
information, and recognize our obligations concerning the
personal information of all individuals that we collect, use
or disclose in our practice. This policy has been developed
with those obligations in mind. TheEroticSection.com collects
personal information from you in order to create your posts or
reply to others' posts. TheEroticSection.com will not use or
disclose your personal information for purposes other than
those described in this policy. TheEroticSection.com may also
use third-party companies to provide various services
(including but not limited to instant messaging and
advertising) when you use this website. If you use those
services, the internet protocol address (IP address) of the
computer you are using to access the website may be disclosed
to those third-party companies, and we may use attributes
(including but not limited to age and sex) that you provide in
your public profile to display relevant ads to you. TheEroticSection.com
is not responsible for the privacy practices of these
third-party companies or any other external websites linked to
this site. We encourage you to read the privacy statements of
these other websites when you leave our website. If we change
our privacy policy, we will notify you. If you have any
questions with respect to our policies concerning the handling
of your personal information, or if you wish to request access
to, or correction of, your personal information under our care
and control, please contact our Privacy Officer at:admin *at* TheEroticSection.com
. By using this website you acknowledge that
- we cannot ensure the security or
privacy of information you provide through the Internet
and your email messages, and you release us from any and
all liability in connection with the use of such
information by other parties;
- we are not responsible for, and
cannot control, the use by others of any information which
you provide to them and you should use caution in
selecting the personal information you provide to others
through the Service; and
- we cannot assume any responsibility
for the content of messages sent by other users of the
Service, and you release us from any and all liability in
connection with the contents of any communications you may
receive from other users. We cannot guarantee, and assume
no responsibility for verifying, the accuracy of the
information provided by other users of the Service.
You may not use the Service for any
unlawful purpose. If you use this service unlawfully we will
pass along all information to law enforcement. We do not share
any personal information with third parties, and we do not
send advertising to our members.
USER AGREEMENT
This Agreement constitutes your agreement
with TheEroticSection.com with respect to your use of the
Service. You must agree to abide by all of the terms and
conditions contained in this Agreement in order to become or
remain an authorized user of the Service.
RIGHT TO USE
Your right to use the Service is subject to
any limitations, conditions and restrictions established by us
from time to time, in our sole discretion. We may alter,
suspend or discontinue any aspect of the Service at any time,
including the availability of any Service feature, database or
content. We may also impose limits on certain features and
aspects of the Service or restrict your access to parts or all
of the Service without notice or liability.
CODE OF CONDUCT
You agree to use the Service in accordance
with the following Code of Conduct:
- you will keep all information
provided to you through the Service as private and
confidential and will not give such information to anyone
without the permission of the person who provided it to
you;
- you will not use the Service to
engage in any form of harassment or offensive behavior,
including but not limited to the posting of
communications, pictures or recordings which contain
libelous, slanderous, abusive or defamatory statements, or
racist, pornographic, obscene, or offensive language;
- you will not forward chain letters
through the Service;
- you will not use the Service to
infringe the privacy rights, property rights, or any other
rights of any person;
- you will not post messages, pictures
or recordings or use the Service in any way which
- violates, plagiarizes or
infringes upon the rights of any third party,
including but not limited to any copyright or
trade-mark law, privacy or other personal or
proprietary rights, or
- is fraudulent or otherwise
unlawful or violates any law; and
- you will not use the Service to
distribute, promote or otherwise publish any material
containing any solicitation for funds, advertising or
solicitation for goods or services.
- you will not use the Service to
distribute or up load any virus, trojan horses or do
anything else that might cause harm to the Service, TheEroticSection.com
systems or to other members' systems in any way.
- you will not post or transmit in any
manner any contact information including, but not limited
to, email addresses, "instant messenger"
nicknames, telephone numbers, postal addresses, URLs, or
full names through your publicly posted information.
MONITORING OF INFORMATION
We reserve the right to monitor all
advertisements, public postings and messages to ensure that
they conform to content guidelines that are monitored by us
and subject to change from time to time.
REMOVAL OF INFORMATION
While we do not and cannot review every
message or other material posted or sent by users of the
Service, and are not responsible for any content of these
messages or materials, we reserve the right, but are not
obligated, to delete, move, or edit messages or materials,
including without limitation profiles, public postings and
messages, that we, in our sole discretion, deem to violate the
Code of Conduct set out above or any other applicable content
guidelines, or to be otherwise unacceptable. You shall remain
solely responsible for the content of profiles, public
postings, messages and other materials you may upload to the
Service or users of the Service.
TERMINATION OF ACCESS TO SERVICE
We may, in our sole discretion, terminate
or suspend your access to all or part of the Service at any
time, with or without notice, for any reason, including,
without limitation, breach of this Agreement. Without limiting
the generality of the foregoing, any fraudulent, abusive, or
otherwise illegal activity, or that may otherwise affect the
enjoyment of the Service or the Internet by others may be
grounds for termination of your access to all or part of the
Service at our sole discretion, and you may be referred to
appropriate law enforcement agencies.
PROPRIETARY INFORMATION
The Service contains information which is
proprietary to us, our partners, and our users. We assert full
copyright protection in the Service. Information posted by us,
our partners or users of the Service may be protected whether
or not it is identified as proprietary to us or to them. You
agree not to modify, copy or distribute any such information
in any manner whatsoever without having first received the
express written permission of the owner of such information.
NO RESPONSIBILITY
You acknowledge that we are not responsible
for suspension of the Service, regardless of the cause of the
interruption or suspension.
SECURITY: POSTERS
Your email address used to post an ad on
the Website is private, and we assert we will not display this
address on the Website at any time. However, all replies to
your post will be sent directly to your email address, with
the sender's reply-to email address included in the
transmission. You agree to assume full responsibility for all
contact with the replier, and understand that TheEroticSection.com
is in no way responsible for any communication or events
related to contact with repliers to your post. You understand
furthermore that TheEroticSection.com has no means to control,
nor assumes any liability for, the use of your email address
by any replier with whom you have entered into contact.
SECURITY: REPLIERS TO POSTS
Your email address is used to reply to an
ad on the Website, and we assert we will not display this
address on the Website beyond the form field required for its
entry at the time you create your reply. However, your message
will be sent directly to the poster's private email account,
and your email address will be displayed in the
"reply-to" field of the message. As such, the poster
will be able to send you email directly from their private
email account to your private email account you provided when
replying to the ad. You agree to assume full responsibility
for all contact with the poster, and understand that TheEroticSection.com
is not responsible for any communication or events related to
contact with posters to whom you have replied. You understand
furthermore that TheEroticSection.com has no means to control,
nor assumes any liability for, the use of your email address
by any poster to whom you have sent a message.
EXTERNAL LINKS
The Service may from time to time contain
links to other Internet sites and resources ("External
Links"). You acknowledge that we are not responsible for,
and have no liability as a result of the availability of
External Links or their contents. We suggest that you review
the Terms of Use and privacy statements of such External Links
prior to using them.
CREDIT PURCHASES
Replies to certain posts will require
purchase of credits. These financial transactions are mediated
through PayPal, Inc, and TheEroticSection.com assumes no
liability for any damages or losses pertaining to the use of
the PayPal, Inc site. YOU, AND NOT WE, ARE RESPONSIBLE FOR
PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD
PARTY, WHICH WERE NOT AUTHORIZED BY YOU. Purchased credits
will enter into effect the moment TheEroticSection.com
receives indication from PayPal, Inc that the transaction has
been successful, and will be credited to the account
identified by your email address you used in your reply. If
your usage of the Service is terminated because of a breach of
this Agreement or if it is terminated for any reason, any
unused credits are automatically and immediately forfeited.
All credit purchases are non-refundable.
MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any material or content
distributed by TheEroticSection.com constitutes copyright
infringement, please provide us with the following
information: an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright
interest; a description of the copyrighted work that you claim
has been infringed; a description of where the material that
you claim is infringing is located on our website; your
address, telephone number and email address; a written
statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its
agent, or the law; a statement by you, made under penalty of
perjury, that the above information in your notice is accurate
and that you are the copyright owner or authorized to act on
the copyright owner's behalf. DISCLAIMER OF WARRANTIES AND
LIMITATION OF LIABILITY YOU UNDERSTAND AND AGREE THAT YOU USE TheEroticSection.com
AND ITS RELATED SERVICES AT YOUR OWN RISK. TheEroticSection.com
'S SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT
REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE,
NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY O R
FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES
WHICH ARE INCAPABLE OF EXCLUSION UNDER LAW. TheEroticSection.com
PROVIDES ON-LINE PERSONAL DATING SERVICES AND TOOLS TO SINGLES
AND OTHER SIMILARLY INTERESTED INDIVIDUALS, AS WELL AS FORUMS
FOR DISCUSSION AND COMMENTARIES TO SUBSCRIBERS THROUGH THE TheEroticSection.com
WEBSITE AND OTHER MEANS OF DISTRIBUTION. TheEroticSection.com
DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS
OF, OR OTHERWISE ENDORSE ANY INFORMATION CONTAINED ON TheEroticSection.com
. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT DISTRIBUTED
BY TheEroticSection.com IS OBTAINED, THERE MAYBE DELAYS,
OMISSIONS OR INACCURACIES IN SUCH CONTENT. YOU ACKNOWLEDGE
THAT USE OF THE SERVICE IS AT YOUR OWN RISK. WE DO NOT
REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY MEMBER
PROFILE, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION
DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SERVICE BY TheEroticSection.com
, OUR PARTNERS OR ANY USER OF THE SERVICE OR ANY OTHER PERSON
OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH
OPINION, MEMBER PROFILE, ADVICE, STATEMENT OR INFORMATION
SHALL BE AT YOUR SOLE RISK. YOUR CONTINUED USE OF THE SERVICE
NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS
AGREEMENT, WILL CONSTITUTE A BINDING ACCEPTANCE BY YOU OF THIS
AGREEMENT, OR ANY SUBSEQUENT MODIFICATIONS. YOU HEREBY
ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL TheEroticSection.com
, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY
CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE
ON INFORMATION OBTAINED THROUGH THE CONTENT DISTRIBUTED BY TheEroticSection.com
AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE
OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR
INABILITY TO USE THE TheEroticSection.com SERVICE OR OUT OF
THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE TheEroticSection.com
WEBSITE, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF
ACTION, AND REGARDLESS OF WHETHER TheEroticSection.com HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF
LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY
NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT
SHALL OUR LIABILITY EXCEED THE SUM OF $100.00 U.S. DOLLARS.
INDEMNITY
You hereby agree to indemnify, defend and
hold harmless TheEroticSection.com and all officers,
directors, owners, agents, information providers, affiliates,
licensors and licensees (collectively, the "Indemnified
Parties") from and against any and all liability and
costs, including, without limitation, reasonable attorneys'
fees, incurred by the Indemnified Parties in connection with
any claim arising out of any breach by you of this Agreement
or the foregoing representations, warranties and covenants.
You shall cooperate as fully as reasonably required in the
defense of any such claim. TheEroticSection.com reserves the
right, at its own expense, to assume the exclusive defense and
control of any matter subject to indemnification by you.
MISCELLANEOUS
This Agreement represents the entire
agreement between you and TheEroticSection.com regarding the
use of our services and supersedes any other agreement or
understanding on the subject matter. This Agreement, your
rights and obligations, and all actions contemplated by this
Agreement shall be governed by the laws of the State of
Delaware, USA. As a condition of using TheEroticSection.com 's
services, each user agrees that any and all disputes and
causes of action arising out of or connected with TheEroticSection.com
, shall be resolved through arbitration, with such arbitration
to be held in Delaware, USA. Additionally, except where
prohibited by law, as a condition of using TheEroticSection.com
services, you agree that any and all disputes and causes of
action arising out of or connected to our services shall be
resolved individually, without resort to any form of class
action. You also agree that regardless of any statute or law
to the contrary, any claim or cause of action arising from or
related to the use of TheEroticSection.com must be filed
within one (1) year after such claim or cause of action arose
or be forever barred. The failure of either party to exercise
in any respect any right provided for herein shall not be
deemed a waiver of any further rights hereunder. If any
provision of this Agreement is found to be unenforceable or
invalid, that provision shall be limited or eliminated to the
minimum extent necessary so that this Agreement shall
otherwise remain in full force and effect and be enforceable.
This Agreement is not assignable, transferable or sub licensable
without the prior written consent of TheEroticSection.com . TheEroticSection.com
may assign this Agreement in whole or in part. No agency,
partnership, joint venture, or employment is created as a
result of this Agreement. Headings are for convenience only
and have no legal or contractual effect. All notices under
this Agreement shall be in writing and shall be deemed to have
been duly given when receipt is electronically confirmed, if
transmitted by facsimile or email or upon receipt, if sent by
certified or registered mail, return receipt requested.
MODIFICATIONS
We may modify this Agreement from time to
time. Notification of changes in this Agreement will be posted
on the Service or sent via electronic mail, as we may
determine in our sole discretion. If you do not agree to any
modifications, you should terminate your use of the Service.
Your continued use of the Service now, or following the
posting of notice of any changes in this Agreement, will
constitute a binding acceptance by you of this Agreement, or
any subsequent modifications.
DISCLOSURE AND OTHER COMMUNICATION
We reserve the right to send electronic
mail to you, for the purpose of informing you of changes or
additions to the Service, or of any TheEroticSection.com
related products and services. We reserve the right to
disclose information about your usage of the Service and
demographics in forms that do not reveal your personal
identity.
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