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EROTICA-USA.COM TERMS OF SERVICE POLICY |
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IF YOU WISH TO BECOME A
MEMBER AND COMMUNICATE WITH OTHER MEMBERS AND OTHERWISE MAKE USE OF THE
EROTICA-USA.COM SERVICE (THE "SERVICE"), READ THESE TERMS OF SERVICE AND
INDICATE THAT YOU AGREE TO THESE TERMS BY FOLLOWING THE INSTRUCTIONS WHEN
YOU REGISTER FOR MEMBERSHIP. ALSO, BY REGISTERING FOR MEMBERSHIP,
YOU AGREE TO TRANSACT ELECTRONICALLY WITH EROTICA-USA.COM.
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THE EROTICA-USA.COM
SERVICE
"EROTICA-USA.COM" IS
A WEB SITE AND SERVICE PROVIDED BY ERO ENTERTAINMENT GROUP, LLC.
UNDER AGREEMENT AND LICENSES WITH ITS THIRD PARTY VENDORS ("SUPPLIERS").
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QUALIFICATIONS FOR
REGISTRATION AND USE OF EROTICA-USA.COM
YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE
(OR OF LEGAL AGE WITHIN THE
COMMUNITY IN WHICH YOU RESIDE) AND,
ABLE TO LEGALLY ENTER
INTO CONTRACTS IN ORDER TO USE THE EROTICA-USA.COM WEB SITE OR TO REGISTER
FOR MEMBERSHIP. IN ORDER TO BECOME A MEMBER, YOU MUST REGISTER FOR
THE SERVICE. YOU MUST REGISTER IN YOUR OWN LEGAL NAME AND PROVIDE
TRUE AND CURRENT INFORMATION. EROTICA-USA.COM WILL OPEN AN ACCOUNT
FOR YOU ONCE YOU HAVE SUCCESSFULLY COMPLETED REGISTRATION.
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SCREEN NAME SERVICE
IN ORDER TO BECOME A
MEMBER, YOU WILL NEED A VALID INDIVIDUALIZED SCREEN NAME, USER NAME,
MEMBER NAME OR NICKNAME OF YOUR CHOICE.
ALL SCREEN NAMES ARE THE PROPERTY OF ERO ENTERTAINMENT GROUP, LLC.
ERO ENTERTAINMENT GROUP, LLC. MAY TERMINATE INACTIVE SCREEN NAMES
OBTAINED ON EROTICA-USA.COM AT ANY TIME IN ITS SOLE DISCRETION.
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YOUR RESPONSIBILITIES
YOU ARE RESPONSIBLE FOR
ALL ACTIVITY ON YOUR ACCOUNT. YOU AGREE TO COMPLY WITH ALL
APPLICABLE LAWS, RULES AND REGULATIONS REGARDING YOUR USE OF
EROTICA-USA.COM. YOU AGREE TO COMPLY WITH ALL RULES AND GUIDELINES
ON THE SERVICE. ERO ENTERTAINMENT GROUP, LLC. MAY TAKE ANY
ACTION AGAINST YOU AND YOUR ACCOUNT, RANGING FROM A WARNING TO
TERMINATION, IF YOU OR ANYONE USING YOUR ACCOUNT VIOLATES THESE TERMS OR
ANY OTHER GUIDELINES OR POLICIES OF EROTICA-USA.COM. ERO
ENTERTAINMENT GROUP, LLC. IS NOT REQUIRED TO PROVIDE NOTICE PRIOR TO
TERMINATING YOUR ACCOUNT.
YOU AGREE TO KEEP
CONFIDENTIAL THE PASSWORD ASSOCIATED WITH YOUR ACCOUNT. YOU AGREE TO
INDEMNIFY AND HOLD HARMLESS ERO ENTERTAINMENT GROUP, LLC. FOR
LOSSES INCURRED BY ERO ENTERTAINMENT GROUP, LLC. OR ANOTHER PARTY DUE
TO SOMEONE ELSE USING YOUR ACCOUNT OR PASSWORD AS A RESULT OF YOUR FAILURE
TO USE REASONABLE CARE TO KEEP YOUR ACCOUNT INFORMATION CONFIDENTIAL.
YOU ARE RESPONSIBLE FOR ANY MATERIALS YOU POST OR MAKE AVAILABLE ON OR
THROUGH EROTICA-USA.COM, INCLUDING PERSONAL EMAILS, PERSONAL PROFILES AND
MEMBER PROFILES. ADDITIONALLY, YOU ALONE ARE RESPONSIBLE FOR THE
CONSEQUENCES OF ANY CONTENT YOU POST OR OTHERWISE MAKE AVAILABLE ON OR
THROUGH EROTICA-USA.COM.
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YOUR LICENSE TO EROTICA-USA.COM
BY SUBMITTING THE PHOTO(S)
AND ANY OTHER INFORMATION AND POSTINGS ON EROTICA-USA.COM, (THE
"CONTENT"), YOU HEREBY GRANT ERO ENTERTAINMENT GROUP, LLC., ITS
OPERATORS, AFFILIATES, SUBSIDIARIES, ASSIGNS, LICENSEES AND SUPPLIERS THE
IRREVOCABLE, PERPETUAL, WORLDWIDE RIGHT TO USE, REPRODUCE, EDIT, MARKET,
STORE, DISTRIBUTE, HAVE DISTRIBUTED, PUBLICLY AND PRIVATELY DISPLAY,
COMMUNICATE, PUBLICLY AND PRIVATELY PERFORM, TRANSMIT, HAVE TRANSMITTED,
CREATE DERIVATIVE WORKS BASED UPON, AND PROMOTE THE CONTENT (AS SUCH MAY
BE EDITED AND MODIFIED BY ERO ENTERTAINMENT GROUP, LLC. IN ITS
DISCRETION) THROUGH THE EROTICA-USA.COM SERVICE AND SUCH OTHER PRODUCTS OR
SERVICES AS ERO ENTERTAINMENT GROUP, LLC. MAY DESIGNATE IN ANY MEDIUM
NOW KNOWN OR HEREAFTER DEVISED, FOR EDITORIAL, COMMERCIAL, PROMOTIONAL AND
ALL OTHER PURPOSES. WHILE YOU RETAIN OWNERSHIP OF ALL RIGHT, TITLE
AND INTEREST IN THE CONTENT ITSELF, YOU AGREE THAT ERO ENTERTAINMENT
GROUP, LLC. OWNS ALL RIGHT, TITLE AND INTEREST IN ANY COMPILATION,
COLLECTIVE WORK OR OTHER DERIVATIVE WORK CREATED BY ERO ENTERTAINMENT
GROUP, LLC. USING OR INCORPORATING THE CONTENT. YOU REPRESENT AND
WARRANT THAT (I) THE CONTENT DOES NOT AND SHALL NOT INFRINGE ON ANY
COPYRIGHT OR ANY OTHER THIRD PARTY RIGHT NOR VIOLATE ANY APPLICABLE LAW OR
REGULATION, (II) YOU HAVE THE RIGHT TO GRANT ANY AND ALL NECESSARY RIGHTS
AND LICENSES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION, ALL NECESSARY
COPYRIGHT AND OTHER RELATED RIGHT TO THE CONTENT, FREE AND CLEAR OF ALL
CLAIMS AND ENCUMBRANCES AND WITHOUT VIOLATING THE RIGHTS OF ANY PERSON OR
ENTITY, INCLUDING ANY RIGHT TO PRIVACY OR PUBLICITY. YOU HEREBY HOLD
ERO ENTERTAINMENT GROUP, LLC. HARMLESS FROM AND AGAINST ANY THIRD
PARTY CLAIM ARISING FROM USE OF THE CONTENT. YOU WAIVE ANY RIGHT TO
PRIVACY. YOU WAIVE ANY RIGHT TO INSPECT OR APPROVE USES OF THE
CONTENT OR TO BE COMPENSATED FOR ANY SUCH USES.
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USE OF EROTICA-USA.COM
YOU AGREE NOT TO USE
EROTICA-USA.COM TO POST, DISTRIBUTE, OR OTHERWISE MAKE AVAILABLE ANY
CONTENT OR MATERIALS -- INCLUDING TEXT, COMMUNICATIONS, SOFTWARE, IMAGES,
SOUNDS, DATA, OR OTHER INFORMATION -- THAT: IS UNLAWFUL,
THREATENING, ABUSIVE, HARASSING, DEFAMATORY, LIBELOUS, DECEPTIVE,
FRAUDULENT, INVASIVE OF ANOTHER'S PRIVACY, TORTIOUS, CONTAINS EXPLICIT OR
GRAPHIC DESCRIPTIONS OR ACCOUNTS OF SEXUAL ACTS (INCLUDING BUT NOT LIMITED
TO SEXUAL LANGUAGE OF A VIOLENT OR THREATENING NATURE DIRECTED AT ANOTHER
INDIVIDUAL OR GROUP OF INDIVIDUALS), USES VULGAR LANGUAGE IN THE CREATION
OF A SCREEN NAME OR THE CONTENT SUBMITTED FOR A PROFILE, OR OTHERWISE
VIOLATES THE RULES OR POLICIES EROTICA-USA.COM; VICTIMIZES, HARASSES,
DEGRADES, OR INTIMIDATES AN INDIVIDUAL OR GROUP OF INDIVIDUALS ON THE
BASIS OF RELIGION, GENDER, SEXUAL ORIENTATION, RACE, ETHNICITY, AGE, OR
DISABILITY; INFRINGES ON ANY PATENT, TRADEMARK, TRADE SECRET, COPYRIGHT,
RIGHT OF PUBLICITY, OR OTHER PROPRIETARY RIGHT OF ANY PARTY; CONSTITUTES
UNAUTHORIZED OR UNSOLICITED ADVERTISING, JUNK OR BULK EMAIL (ALSO KNOWN AS
"SPAMMING"), CHAIN LETTERS, ANY OTHER FORM OF UNAUTHORIZED SOLICITATION,
OR ANY FORM OF LOTTERY OR GAMBLING; CONTAINS SOFTWARE VIRUSES OR ANY OTHER
COMPUTER CODE, FILES, OR PROGRAMS THAT ARE DESIGNED OR INTENDED TO
DISRUPT, DAMAGE, 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; OR IMPERSONATES ANY
PERSON OR ENTITY, INCLUDING ANY EMPLOYEE OR REPRESENTATIVE OF THE
EROTICA-USA.COM SERVICE OR ANY SUPPLIER.
ANY IMAGES UPLOADED TO
YOUR PERSONAL PROFILE MUST BE RECENT PHOTOGRAPHS OF YOURSELF.
ERO ENTERTAINMENT GROUP, LLC. RESERVES THE RIGHT TO TAKE DOWN ANY
CONTENT THAT MAY VIOLATE THIS AGREEMENT, ERO ENTERTAINMENT GROUP, LLC. POLICIES, EROTICA-USA.COM GUIDELINES OR THE LAW.
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DO NOT POST CONTACT
INFORMATION
YOU AGREE NOT TO POST OR
OTHERWISE MAKE AVAILABLE ANY CONTACT INFORMATION (RELATED TO YOU OR ANY
OTHER PERSON) IN ANY PUBLIC AREAS (E.G., PERSONAL PROFILES, PROFILE
HEADERS, PROFILE DESCRIPTIONS AND/OR INFORMATION SUPERIMPOSED UPON ANY
PHOTOGRAPH MADE AVAILABLE FOR PUBLIC OR PRIVATE DISPLAY, ETC.) MAINTAINED
WITHIN EROTICA-USA.COM. THE TERM "CONTACT INFORMATION" INCLUDES BUT
IS NOT LIMITED TO ANY PERSON'S FULL NAME, EMAIL ADDRESSES, PHONE NUMBERS,
MAILING ADDRESSES, PLACE OF EMPLOYMENT, URL'S, SCREEN NAME(S), OR ANY KIND
OF INSTANT MESSAGING IDENTIFICATION. ERO ENTERTAINMENT GROUP, LLC. RESERVES THE RIGHT, BUT IT HAS NO OBLIGATION, TO REMOVE ANY
CONTACT INFORMATION THEY MIGHT FIND IN SUCH PUBLIC AREAS. YOU
ACKNOWLEDGE AND AGREE THAT ERO ENTERTAINMENT GROUP, LLC. IS NOT
RESPONSIBLE FOR ANY CONTACT OR INTERACTION THAT OCCURS BETWEEN YOU AND ANY
OTHER USER OR MEMBER OF EROTICA-USA.COM AND THAT THE ENTIRE RISK FALLS ON
YOU. YOU ARE SOLELY RESPONSIBLE FOR ANY CONSEQUENCES ARISING FROM
YOUR SHARING, MAKING AVAILABLE OR OTHERWISE EXCHANGING, THROUGH A PUBLIC
AREA ON THE WEB OR VIA A PRIVATE EXCHANGE, ANY FORM OF "CONTACT
INFORMATION" WITH ANY USER OR MEMBER OF EROTICA-USA.COM.
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IMPROPER POSTINGS
UNDER NO CIRCUMSTANCES
SHOULD YOU POST OR OTHERWISE MAKE AVAILABLE ILLEGAL IMAGES (OF ANY KIND)
OR OTHER GRAPHIC SEXUALLY ORIENTED CONTENT IN YOUR PERSONAL PROFILES OR IN
ANY OTHER PUBLIC AREA WITHIN EROTICA-USA.COM; IF YOU DO, ERO ENTERTAINMENT
GROUP, LLC. MAINTAINS THE RIGHT, BUT DOES NOT ASSUME THE
OBLIGATION, TO DELETE YOUR PERSONAL PROFILE, EDIT YOUR PERSONAL PROFILE BY
REMOVING SUCH IMAGES OR CONTENT, AND/OR TERMINATE YOUR MEMBERSHIP TO
EROTICA-USA.COM. ERO ENTERTAINMENT GROUP, LLC. MAY DISCLOSE ANY
CONTENT, ELECTRONIC COMMUNICATION, EVIDENCE OR POTENTIAL EVIDENCE OF ANY
KIND (I) TO SATISFY ANY LAW, REGULATION, OR GOVERNMENT REQUEST; (II) IF
SUCH DISCLOSURE IS NECESSARY OR APPROPRIATE TO OPERATE EROTICA-USA.COM;
(III) TO PROTECT THE RIGHTS OR PROPERTY OF ERO ENTERTAINMENT GROUP, LLC., INCLUDING THEIR AFFILIATES, SUBSIDIARIES, YOU OR OTHERS; (IV)
TO PREVENT FRAUD; (V) FOR CREDIT RISK REDUCTION; AND (VI) TO ENFORCE THESE
TERMS OF SERVICE.
YOU MAY NOT USE EROTICA-USA.COM
TO HARVEST OR COLLECT INFORMATION ABOUT EROTICA-USA.COM USERS, INCLUDING
SCREEN NAMES, AND USE THAT INFORMATION FOR THE PURPOSE OF SENDING
UNSOLICITED BULK COMMUNICATIONS, SUCH AS "SPAM" EMAILS OR UNSOLICITED BULK
COMMUNICATIONS, SUCH AS "SPAM" EMAILS OR UNSOLICITED BULK INSTANT MESSAGES.
LIKEWISE, YOU MAY NOT USE THE EROTICA-USA.COM SERVICES TO SEND UNSOLICITED
BULK COMMUNICATIONS ON THE SERVICE. ANY VIOLATION OF THESE
PROVISIONS MAY RESULT IN IMMEDIATE TERMINATION OF YOUR ACCOUNT, AND/OR
FURTHER LEGAL ACTION. YOU AGREE THAT ERO ENTERTAINMENT GROUP, LLC. MAY TAKE ANY LEGAL AND TECHNICAL REMEDIES TO PREVENT
UNSOLICITED BULK COMMUNICATIONS FROM ENTERING, UTILIZING OR REMAINING
WITHIN ERO ENTERTAINMENT GROUP, LLC.'S COMPUTER NETWORKS.
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BILLING AND FEES
THE FOLLOWING TERMS APPLY
IF YOU HAVE JOINED AS A MEMBER UNDER A PLAN THAT IS SUBJECT TO A
MEMBERSHIP FEE. ALL MEMBERSHIP FEES ARE DUE IN ADVANCE. ALL
MEMBERSHIP FEES ARE NONREFUNDABLE UNLESS PROVIDED OTHERWISE IN YOUR
SUBSCRIPTION PLAN. UNDER MOST PLANS, YOUR SUBSCRIPTION WILL BE
AUTOMATICALLY RENEWED AND YOUR PAYMENT METHOD WILL BE CHARGED ON A MONTHLY
OR OTHER SPECIFIED BASIS, DEPENDING UPON THE ADVERTISED TERMS FOR YOUR
ACCOUNT, AND YOUR SUBSCRIPTION WILL CONTINUE UNLESS YOUR MEMBERSHIP IS
CANCELLED OR TERMINATED.
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YOUR PAYMENT
RESPONSIBILITIES
YOU MUST SELECT A PAYMENT
METHOD (IF APPLICABLE) TO PAY FOR YOUR FEES FOR ANY SUBSCRIPTION SERVICE. YOU MUST
PROVIDE ACCURATE BILLING AND PAYMENT INFORMATION AND KEEP THIS INFORMATION
UP-TO-DATE THROUGH THE "MY ACCOUNT" OPTION AVAILABLE FROM THE MAIN MENU.
YOU AGREE TO PAY FOR ALL CHARGES INCURRED UNDER YOUR ACCOUNT, INCLUDING
ALL APPLICABLE TAXES (IF ANY) AND FEES. YOU AUTHORIZE ERO
ENTERTAINMENT GROUP, LLC. TO CHARGE YOUR DESIGNATED PAYMENT METHOD FOR
THESE CHARGES. IF ERO ENTERTAINMENT GROUP, LLC. DOES NOT
RECEIVE PAYMENT FROM YOUR DESIGNATED PAYMENT METHOD, YOU AGREE TO PAY ALL
AMOUNTS DUE UPON DEMAND BY ERO ENTERTAINMENT GROUP, LLC. OR ITS
OPERATORS. EVERY TIME YOU USE EROTICA-USA.COM, YOU REAFFIRM THAT (I)
ERO ENTERTAINMENT GROUP, LLC. (OR ITS DESIGNATED VENDOR ACTING AS ERO
ENTERTAINMENT GROUP, LLC.'S BILLING AGENT) IS AUTHORIZED TO
CHARGE YOUR DESIGNATED PAYMENT METHOD; (II) ERO ENTERTAINMENT GROUP, LLC. MAY SUBMIT CHARGES INCURRED UNDER YOUR ACCOUNT FOR PAYMENT;
AND (III) YOU WILL BE RESPONSIBLE FOR SUCH CHARGES, EVEN IF YOUR
MEMBERSHIP IS CANCELED OR TERMINATED.
YOU ARE RESPONSIBLE FOR
ALL CHARGES INCURRED UNDER YOUR ACCOUNT, INCLUDING ALL APPLICABLE TAXES
(IF ANY) AND FEES MADE BY YOU OR ANYONE ON YOUR ACCOUNT.
YOU MUST NOTIFY ERO
ENTERTAINMENT GROUP, LLC. (SUPPORT@EROTICA-USA.COM) ABOUT ANY
BILLING PROBLEMS OR DISCREPANCIES WITHIN NINETY (90) DAYS FROM THE
TRANSACTION DATE. IF YOU DO NOT BRING THEM TO ERO ENTERTAINMENT
GROUP, LLC.'S ATTENTION WITHIN NINETY (90) DAYS, YOU AGREE THAT YOU WAIVE
YOUR RIGHT TO DISPUTE SUCH PROBLEMS OR DISCREPANCIES.
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COMMUNICATIONS CHARGES
YOU ARE RESPONSIBLE FOR
OBTAINING AND MAINTAINING AT YOUR EXPENSE ALL EQUIPMENT AND SERVICES
NEEDED TO ACCESS EROTICA-USA.COM.
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CHANGES TO EROTICA-USA.COM
ERO ENTERTAINMENT GROUP,
LLC. IN ITS SOLE DISCRETION MAY CHANGE OR DISCONTINUE ANY OR ALL
ASPECTS OF THE EROTICA-USA.COM SERVICE WITHOUT NOTICE, INCLUDING CHANGING
VENDORS, ACCESS TO SUPPORT SERVICES, CONTENT AND OTHER PRODUCTS OR
SERVICES ANCILLARY TO THE EROTICA-USA.COM SERVICE OR A EROTICA-USA.COM
MEMBERSHIP.
ERO ENTERTAINMENT GROUP,
LLC. MAY MODIFY THESE TERMS OF SERVICE, CHANGE ITS FEES AND CHANGE
ITS BILLING METHODS AT ANY TIME. YOU WILL BE NOTIFIED OF ANY CHANGE
IN PRICING OR MATERIAL CHANGES TO THE TERMS OF SERVICE AT LEAST THIRTY
(30) DAYS IN ADVANCE. IF YOU DISAGREE WITH ANY PROPOSED CHANGE, YOUR
SOLE REMEDY IS TO CANCEL YOUR MEMBERSHIP OR DISCONTINUE USING THE SERVICE
BEFORE SUCH CHANGE TAKES EFFECT. OTHERWISE, YOU WILL BE BOUND BY THE
REVISED TERMS IF YOU KEEP YOUR MEMBERSHIP OR IF YOU KEEP USING THE
SERVICE. YOU WILL NOT BE ENTITLED TO ANY REFUND IF YOU CHOOSE TO
CANCEL YOUR MEMBERSHIP FOR THIS REASON.
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YOUR USE OF CONTENT
ERO ENTERTAINMENT GROUP,
LLC., ITS SUPPLIERS AND IT MEMBERS WHO LAWFULLY POST IMAGES,
PHOTOGRAPHS, MESSAGES AND OTHER INFORMATION ("SITE CONTENT") ON EROTICA-USA.COM
OWN THE PROPERTY RIGHTS TO THAT SITE CONTENT. THE SITE CONTENT IS
PROTECTED BY COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET, INTERNATIONAL
TREATIES, LAWS AND OTHER PROPRIETARY RIGHTS, AND ALSO MAY HAVE SECURITY
COMPONENTS THAT PROTECT DIGITAL INFORMATION TO BE USED ONLY AS AUTHORIZED
BY ERO ENTERTAINMENT GROUP, LLC. OR ITS SUPPLIERS. YOU AGREE
THAT YOU WILL NOT TAKE ANY ACTION TO INTERFERE WITH ERO ENTERTAINMENT
GROUP, LLC.'S OR ITS SUPPLIERS' OWNERSHIP OF OR RIGHTS IN THE SITE
CONTENT AND YOU WILL NOT ATTEMPT TO CIRCUMVENT ANY MECHANISMS FOR
PREVENTING THE UNAUTHORIZED REPRODUCTION OR DISTRIBUTION OF THE SITE
CONTENT.
YOU MAY USE ANY SITE
CONTENT AVAILABLE ON EROTICA-USA.COM ONLY FOR PERSONAL, NON-COMMERCIAL
PURPOSES. YOU MAY NOT USE THE SITE CONTENT IN A MANNER THAT EXCEEDS
THE RIGHTS GRANTED FOR YOUR USE OF THE CONTENT, WHICH INCLUDES
UNAUTHORIZED COPYING OR DISTRIBUTION OF THE SITE CONTENT OR CREATING AN
UNAUTHORIZED DERIVATIVE WORK.
ERO ENTERTAINMENT GROUP,
LLC. IS NOT REQUIRED TO PRE-SCREEN SITE CONTENT ON EROTICA-USA.COM,
ALTHOUGH IT RESERVES THE RIGHT TO DO SO IN ITS SOLE DISCRETION.
EROTICA-USA.COM IS NOT LIABLE FOR SITE CONTENT THAT IS PROVIDED BY OTHERS.
ERO ENTERTAINMENT GROUP, LLC. RESERVES THE RIGHT TO REMOVE SITE
CONTENT THAT, IN ITS SOLE JUDGMENT, DOES NOT COMPLY WITH OR MEET ITS
STANDARDS, BUT EROTICA-USA.COM IS NOT RESPONSIBLE FOR ANY FAILURE OR DELAY
IN REMOVING SUCH MATERIAL.
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DISCLAIMER OF WARRANTIES
YOUR USE OF EROTICA-USA.COM
IS AT YOUR SOLE RISK. EROTICA-USA.COM IS PROVIDED "AS IS", "WITH ALL
FAULTS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF
EXCLUSION. SPECIFICALLY, ERO ENTERTAINMENT GROUP, LLC. AND THE
SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE EROTICA-USA.COM SERVICE IS
MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR
PURPOSE OR NEED, OR NON-INFRINGING. ERO ENTERTAINMENT GROUP, LLC. AND THE SUPPLIERS DO NOT WARRANT THAT THE EROTICA-USA.COM
SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICES
WILL BE UNINTERRUPTED, ACCESSIBLE AT ALL TIMES OR ERROR-FREE, OR THAT
DEFECTS IN THE SERVICE WILL BE CORRECTED. ERO ENTERTAINMENT GROUP,
LLC. AND THE SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE RESULTS OF YOUR USE OF THE EROTICA-USA.COM SERVICE.
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LIMITATION OF LIABILITY
YOUR SOLE AND EXCLUSIVE
REMEDY FOR ANY DISPUTE WITH YOUR USE OF OR MEMBERSHIP WITH EROTICA-USA.COM
IS THE CANCELLATION OF YOUR ACCOUNT AND TO DISCONTINUE YOUR USE OF THE
SERVICES. IN NO EVENT SHALL ERO ENTERTAINMENT GROUP, LLC.'S
CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO YOUR USE OF
THE EROTICA-USA.COM SERVICE EXCEED THE TOTAL AMOUNT OF MEMBERSHIP FEES
THAT YOU PAID WITHIN A ONE (1) YEAR PERIOD.
ERO ENTERTAINMENT GROUP,
LLC. AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR
USE OF EROTICA-USA.COM OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR
MEMBERSHIP WITH EROTICA-USA.COM. THESE EXCLUSIONS FOR INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT
LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES
OR LOSSES, EVEN IF ERO ENTERTAINMENT GROUP, LLC. HAD BEEN ADVISED OF
THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY
UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ERO
ENTERTAINMENT GROUP, LLC.'S AND ITS SUPPLIER'S LIABILITY IN SUCH
STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
ERO ENTERTAINMENT GROUP, LLC. AND THE SUPPLIERS DO NOT ENDORSE,
WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH EROTICA-USA.COM
AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
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INDEMNIFICATION
UPON A REQUEST BY ERO
ENTERTAINMENT GROUP, LLC., YOU AGREE TO DEFEND, INDEMNIFY AND HOLD
HARMLESS ERO ENTERTAINMENT GROUP, LLC. AND ITS SUPPLIERS FROM ALL
LIABILITIES, CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, THAT ARISE
FROM A BREACH OF THESE TERMS OF SERVICE FOR WHICH YOU ARE RESPONSIBLE OR
FROM THE USE OF EROTICA-USA.COM, OR IN CONNECTION WITH YOUR TRANSMISSION
OF ANY CONTENT OR SITE CONTENT ON EROTICA-USA.COM. ERO ENTERTAINMENT
GROUP, LLC. AND SUPPLIERS RESERVE THE RIGHT, AT THEIR OWN
EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER
OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU. IN THAT EVENT, YOU
SHALL HAVE NO FURTHER OBLIGATION TO PROVIDE INDEMNIFICATION IN THAT
MATTER.
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TERMINATION
YOU MAY CANCEL, OR
ERO ENTERTAINMENT GROUP, LLC. MAY TERMINATE, YOUR MEMBERSHIP AT ANY
TIME. YOU MAY CANCEL YOUR MEMBERSHIP BY SENDING A EMAIL TO
"SUPPORT@EROTICA-USA.COM".
CANCELLATION WILL TAKE EFFECT WITHIN SEVENTY-TWO (72) HOURS OF RECEIPT OF
YOUR REQUEST. SINCE SUBSCRIPTION FEES (IF ANY) ARE PAID IN
ADVANCE AND ARE NOT REFUNDABLE, YOU WILL HAVE MEMBERSHIP PRIVILEGES UNTIL
THE END OF YOUR BILLING PERIOD. IF YOU CANCEL NEAR THE END OF YOUR
BILLING PERIOD AND ARE INADVERTENTLY CHARGED FOR THE NEXT MONTH'S (OR
PERIOD) FEE, CONTACT EROTICA-USA.COM TO HAVE THE CHARGES REFUNDED TO YOU.
REFUNDS ARE PAYABLE BY ERO ENTERTAINMENT GROUP, LLC. COMPANY CHECK
MAILED TO A SPECIFIED UNITED STATES POSTAL ADDRESS ONLY.
EXCEPT AS OTHERWISE
PROVIDED ABOVE, CANCELLATION OF YOUR ACCOUNT IS YOUR SOLE RIGHT AND REMEDY
WITH RESPECT TO ANY DISPUTE REGARDING YOUR USE OR MEMBERSHIP WITH EROTICA-USA.COM.
THIS INCLUDES, BUT IS NOT LIMITED TO, ANY DISPUTE RELATED TO, OR ARISING
OUT OF: (1) ANY TERM OF THIS AGREEMENT OR ERO ENTERTAINMENT GROUP,
LLC.'S ENFORCEMENT OR APPLICATION OF THESE TERMS OF SERVICE;
(2) ANY POLICY OR PRACTICE OF EROTICA-USA.COM, THEIR PRIVACY POLICY, OR
THEIR ENFORCEMENT OR APPLICATION OF THESE POLICIES; (3) THE SITE
CONTENT AVAILABLE ON EROTICA-USA.COM OR ANY CHANGE IN SITE CONTENT;
(4) YOUR ABILITY TO ACCESS AND/OR USE EROTICA-USA.COM; (5) THE
AMOUNT OR TYPES OF FEES, SURCHARGES, APPLICABLE TAXES (IF ANY), BILLING
METHODS, OR ANY CHANGE TO THE FEES, APPLICABLE TAXES (IF ANY), SURCHARGES
OR BILLING METHODS.
YOU ARE NOT ENTITLED TO
ANY CREDITS IN THE EVENT THAT YOUR ACCOUNT IS TERMINATED OR CANCELED.
ERO ENTERTAINMENT GROUP, LLC. MUST GIVE YOU EXPRESS PERMISSION BEFORE
IT WILL REACTIVATE YOUR ACCOUNT IF ERO ENTERTAINMENT GROUP, LLC.
PREVIOUSLY TERMINATED YOUR MEMBERSHIP FOR VIOLATING THE TERMS OF SERVICE
OR DUE TO AN OUTSTANDING BALANCE.
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GENERAL LEGAL TERMS
THESE TERMS OF SERVICE, AS
PUBLISHED ON EROTICA-USA.COM, THE TERMS PROVIDED AT REGISTRATION AND
BILLING TERMS (IF APPLICABLE) POSTED ON EROTICA-USA.COM CONSTITUTE THE
ENTIRE AND ONLY AGREEMENT REGARDING YOUR ACCOUNT. THESE TERMS OF
SERVICE SUPERSEDE ALL REPRESENTATIONS, AGREEMENTS AND OTHER COMMUNICATIONS
REGARDING YOUR MEMBERSHIP. ONLY ERO ENTERTAINMENT GROUP, LLC.
CAN AMEND THIS MEMBER AGREEMENT BY POSTING THE CHANGES ON THE EROTICA-USA.COM
SERVICE. IF ANY TERM OF THESE TERMS OF SERVICE IS FOUND BY A COURT
OF COMPETENT JURISDICTION TO BE INVALID, ILLEGAL OR UNENFORCEABLE, THE
TERM SHALL BE CONSIDERED TO BE STRICKEN FROM THESE TERMS OF SERVICE AS IF
IT HAD NOT BEEN INCLUDED FROM THE BEGINNING AND THE REMAINDER OF THE TERMS
OF SERVICE ENFORCED ACCORDING TO ITS TERMS.
YOU AGREE THAT THESE TERMS
OF SERVICE ARE NOT INTENDED TO CONFER AND DO NOT CONFER ANY RIGHTS OR
REMEDIES FROM ERO ENTERTAINMENT GROUP, LLC. UPON ANY PERSON OTHER
THAN YOU. YOU ALSO AGREE THAT ANY GUIDELINES POSTED ON EROTICA-USA.COM,
INCLUDING ENFORCEMENT OF THOSE POLICIES, ARE NOT INTENDED TO CONFER, AND
DO NOT CONFER, ANY RIGHTS OR REMEDIES UPON ANY PERSON.
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CHOICE OF LAW; CHOICE OF
FORUM
THE LAWS OF THE STATE OF
FLORIDA GOVERN THESE TERMS OF SERVICE AND YOUR MEMBERSHIP. YOU
EXPRESSLY AGREE THAT EXCLUSIVE JURISDICTION FOR ANY CLAIM OR DISPUTE
RELATING IN ANY WAY TO YOUR MEMBERSHIP OR YOUR USE OF EROTICA-USA.COM
RESIDES IN THE COURTS OF FLORIDA AND YOU FURTHER AGREE AND EXPRESSLY
CONSENT TO THE EXERCISE OF PERSONAL JURISDICTION IN THE COURTS OF FLORIDA
IN CONNECTION WITH ANY SUCH DISPUTE INCLUDING ANY CLAIM INVOLVING EROTICA-USA.COM
SERVICES. THE FOREGOING PROVISION MAY NOT APPLY TO YOU DEPENDING ON
THE LAWS OF YOUR JURISDICTION.
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ELECTRONIC DELIVERY POLICY
AND YOUR CONSENT
BY AFFIRMATIVELY SIGNING
UP FOR EROTICA-USA.COM, YOU CONSENT TO RECEIVE ALL COMMUNICATIONS,
INCLUDING NOTICES, AGREEMENTS, LEGALLY REQUIRED DISCLOSURES OR OTHER
INFORMATION IN CONNECTION WITH EROTICA-USA.COM ELECTRONICALLY FROM
ERO ENTERTAINMENT GROUP, LLC. (COLLECTIVELY, "NOTICES"). YOU
AGREE THAT ERO ENTERTAINMENT GROUP, LLC. GENERALLY CAN SEND YOU
ELECTRONIC NOTICES BY (I) EMAIL TO THE EMAIL ADDRESS YOU PROVIDED AT
REGISTRATION AND/OR (II) BY "POP UP NOTICE" ON EROTICA-USA.COM AND/OR BY
(III) POSTING THE NOTICES ON A MAIN PAGE OR CHANNEL PAGE OF THE RELEVANT
EROTICA-USA.COM FEATURE.
YOU MUST CHECK YOUR
DESIGNATED EMAIL ADDRESS REGULARLY FOR NOTICES. YOU MUST HAVE A
PERSONAL COMPUTER WITH A MODEM CONNECTED TO A COMMUNICATIONS SOURCE
(TELEPHONE, WIRELESS OR BROADBAND), A WINDOWS-BASED OPERATING SYSTEM WITH
AN INTERNET BROWSER OR A MACINTOSH-BASED OPERATING SYSTEM WITH AN INTERNET
BROWSER AND INTERNET EMAIL SOFTWARE IN ORDER TO ACCESS ELECTRONIC
COMMUNICATIONS. YOU WILL NEED A PRINTER ATTACHED TO YOUR PERSONAL
COMPUTER TO PRINT ANY NOTICES. YOU CAN RETRIEVE AN ELECTRONIC COPY
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