| You must read
and agree to these terms and conditions before you can join. Please
read them carefully. By purchasing a Membership to the Site, you
become a Subscriber and agree to be bound by these Terms and Conditions
("Terms of Use"). This agreement is subject to change
by eroXart® at any time, and changes are effective without notice
upon each Subscriber. |
| DEFINITIONS |
The term "Site", as referred to in these terms and conditions
shall mean – The site you are purchasing a username and password
(login) from eroXart® in order to access that site
and enjoy its contents and benefits of membership.
The term "Member" or "Membership", as referred
to in the terms and conditions shall mean –The holder (Subscriber)
of a valid username and password (login) for the Site during the
term of membership.
The minimum "term of membership" is one week, one
month or one year depending upon the subscription type selected
by the End-user.
Monthly subscriptions will be automatically recharged (auto-renew)
to the End-user on a rolling basis commencing one month after the
time of initial sign-up.
Annual subscriptions will automatically expire one year after the
time of initial sign-up and the End-user will incur no further charges.
The term "Subscriber", as referred to in the terms and
conditions shall mean – The End-user, Consumer, of the services
of the Site and holder of a valid username and password (login)
for the Site.
The term "Login", as referred to in the terms and conditions
shall mean – The combination of unique username and password
that is sold by eroXart® and used to access the
Site. A Login is a license to use the Site for a period of time.
The term "Bookmarking", as referred to in the terms and
conditions shall mean – The act of placing a webpage (URL)
into a temporary file on the Subscribers browser so that the subscriber
may return to that page at a future date directly, without passing
through any pages that may have been precedent.
|
| BILLING DESCRIPTION |
Upon request, Subscribers will be given, via e-mail, electronic
receipts and/or access to billing records that support charges for
use of the Site. In the absence of a request, Subscriber waives
e-mail notification of purchase.
|
| TRIAL PERIOD BILLING/CANCELLATIONS |
The Customers' memberships will be automatically renewed for the
relevant rebilling period corresponding to each individual membership
upon expiration of such period, unless the Service Provider
is notified via e-mail 1 day prior to membership expiration.
The Service Provider will not be held responsible for bank charges,
fees or penalties due to overdrawn or delinquent Customers'
accounts. Any refund made by the Service Provider in relation
to any credit card payment associated with membership fees will
be credited back to the same credit card account as was used
for the relevant membership(s).
|
| REFUNDS |
The company provides
refunds in cases for any overcharging of a membership subscription.
Technical failures resulting from the consumer's end will be refunded
in the sole discretion of the company. The company provides refunds
as well to customers who within a seven-working-day period inform
the company of their will to retract, provided that in such a
period they have not used the service purchased. In that particular
case the expenses directly related to the refund will be charged
to the customer. In the event that a refund is issued, ALL refunds
will be made by crediting the credit card that was used to make
the original purchase. NO refunds will be made by cash or check. |
| SUBSCRIPTION FEES |
The subscriber is
responsible for paying periodic subscription fees according to the
then-current terms of the Site. Subscription fees are non-refundable
once your username and password have been used to access a Site. |
| NON-ASSIGNABILITY / THEFT OF
LOGIN |
Your Membership, username and password (login), may not be
assigned or transferred to any other person or entity. Subscriber
must promptly inform eroXart® or the Site of any
apparent breach of security, such as loss, theft, or unauthorized
disclosure or use of a username or password. Until eroXart® or the Site is notified, by e-mail, or by telephone
of any breach in security, the Subscriber will remain liable for
any unauthorized use of the Service.
Your account can automatically be suspended temporarily if
eroXart® suspects the account is being in an unauthorised manner.
Unauthorized usage is deemed as multiple logins from different IP
addresses, multiple logins from different geographical territories
or numerous failed login attempts. In the event that your account
is suspended, you will be contacted via email at the main contact
email address given during registration with a new login and
password. If the account is automatically suspended three times,
you will need to contact Customer Service in order to verify your
identity for further investigation of the situation.
|
| TERMINATION / CANCELLATION
|
Subscription to the Service may be terminated at any time,
and without cause, by either eroXart®, the Site or the Subscriber
upon notification of the other by electronic or conventional
mail, or fax. The subscriptions are automatically renewable
if not cancelled through the Customer Service of the membership
or an e-mail by filling up the form.
|
| LICENSE |
Memberships to the Site are provided for personal, non-commerical
use by customers of the Site. As customers, visitors to the Site
hereby granted a single copy license to download (on a single computer
only) or print copies of any of the information found on the Site
for personal, non-commercial use only. Commercial use of the site,
or any material located on it, is strictly prohibited. In addition,
you may not modify any of the materials found on the Site; use them
for any public display, performance, sale or rental; remove, modify
or alter any copyright or other proprietary notice, or trademarks
therefrom; or transfer any material located on the Site to any other
person.
eroXart® and the Site reserve the right to terminate
this license at any time if you breach the terms of this agreement,
in which case you will be obligated to immediately destroy any information
downloaded, printed or otherwise copied from the Site.
Access to and use of the Site is through a combination of a username
and a password (login). Each Subscriber must keep his or her login
strictly confidential. For security reasons, eroXart® will not release passwords for any reason, to anyone other
than the Subscriber, except as may be specifically required by law
or court order. Unauthorized access to the Site is a breach of this
Agreement and a violation of law.
|
| BOOKMARKING |
Bookmarking to a page on the Site whereby the Warning page(s) and/or
terms and conditions are by-passed shall constitute an implicit
acceptance of the terms and conditions herein and an explicit acknowledgement
of age of majority.
|
| DISCLAIMERS |
THE MATERIALS ON THE SITE ARE PROVIDED "AS IS" WITHOUT
ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES
OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR
FITNESS FOR A PARTICULAR PURPOSE. eroXart® OFFERS
NO ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE. eroXart® DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE
INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THE
SITE. ANY OF THE INFORMATION OFFERED ON THE SITE MAY CHANGE AT ANY
TIME WITHOUT NOTICE.
eroXart® MAKES NO REPRESENTATION AS TO ANY OF THE
INFORMATION FOUND AT THE SITE. IN NO EVENT SHALL eroXart® BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION)
ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIAL OR INFORMATION
AVAILABLE ON THE SITE, EVEN IF eroXart® HAS BEEN
ADVISED OF SUCH DAMAGES.
Subscribers are responsible for providing all personal computer
and communications equipment necessary to gain access to the Site.
All materials on the Site are copyrighted and are protected under
treaty provisions and worldwide copyright laws. The Site’s
materials may not be reproduced, copied, edited, published, transmitted
or uploaded in any way without written permission. Except as expressly
stated in the limited license provision of these terms and conditions,
purchase of a Membership does not grant any express or implied right
to you under any of its trademarks, copyrights or other proprietary
information.
The Site’s contents are controlled and operated by the Site
owner. eroXart® makes no representation that the
materials available on the Site are appropriate or available for
use in other locations, and access to them from jurisdictions where
their contents are illegal is prohibited. These terms and conditions
are to be governed and construed by Spanish law. In the event of
a dispute arising out of or relating to these terms and conditions,
or your use of or access to the Site, litigation must be brought
in court in Spain.
If the Site enables Subscribers to share information with other
Subscribers, Subscribers agree not to submit, publish, or display
on the Service any defamatory, inaccurate, abusive, threatening,
racially offensive, or illegal material. Transmission of such material
that violates any federal, state, or local law, is prohibited and
is a breach of this Agreement. Subscribers agree not to engage in
advertising to, or solicitation of other Subscribers to buy or sell
any products or services through the Site without prior written
consent. Subscribers are responsible for information they send,
or display through the Site even if a claim should arise after termination
of service. All messages shall be deemed to be readily accessible
to the general public. Do not use the Site for any communication
for which the sender intends only the sender and the intended recipient(s)
to read. Notice is hereby given that all messages entered into this
Site can and may be read by the operators of the Site, whether or
not they are the intended recipient(s).
The subscriber hereby warrants and represents that he or she
is over the age of 18 (USA: 21 in AL, MS, NE, and WY), and in
all respects is qualified and competent to enter into this agreement.
In compliance with section 2257
All models over 18
|
| AGREEMENT TO VIEW ADULT MATERIAL
|
The Site is designed and intended SOLELY for ADULTS - people who
are at least 18 years old(21 in AL, MS, NE, and WY)-- who are interested
in and wish to have access to visual images, verbal descriptions
and audio sounds of a sexually oriented, frankly erotic nature.
The materials which are available within this site may include graphic
visual depictions and descriptions of nudity and sexual activity
and should NOT be accessed by anyone who is younger than 18 years
old(21 in AL, MS, NE, and WY) or who does not wish to be exposed
to such materials. By purchasing a Membership you are making the
following statements:
"Under penalty of perjury, I swear/affirm that as of this
moment, I am an adult, at least 18 years of age(21 in AL, MS, NE,
and WY)." "I promise that I will not permit any person(s)
under 18 years of age(21 in AL, MS, NE, and WY) to have access to
any of the materials contained within this site." "I understand
that when I gain access to this site, I will be exposed to visual
images, verbal descriptions and audio sounds of a sexually oriented,
frankly erotic nature, which may include graphic visual depictions
and descriptions of nudity and sexual activity. I am voluntarily
choosing to do so, because I want to view, read and/or hear the
various materials which are available, for my own personal enjoyment,
information and/or education. My choice is a manifestation of my
interest in sexual matters, which is both healthy and normal and,
which, in my experience, is generally shared by average adults in
my community. I am familiar with the standards in my community regarding
the acceptance of such sexually oriented materials, and the materials
I expect to encounter are within those standards. In my judgement,
the average adult in my community accepts the consumption of such
materials by willing adults in cirumstances such as this which offer
reasonable insulation from the materials for minors and unwilling
adults, and will not find such materials to appeal to a prurient
interest or to be patently offensive."
|
| ADDITIONAL TERMS AND CONDITIONS
|
In addition to these Terms and Conditions, the Site may have additional
Terms and Conditions that are an integral part of this Agreement.
All Terms and Conditions apply to eroXart® , the
Site, and you.
I agree to the terms and conditions specified by the site linked
to this page.
|
| NOTICES |
Notices by the Site to Subscribers may be given by means of electronic
messages through the Site, by a general posting on the Site, or
by conventional mail.
Notices by Subscribers may be given by electronic messages,
conventional mail, telephone or fax unless otherwise specified in
the Agreement. All questions, complaints, or notices regarding the
Site to eroXart® must be directed here.
|
| CONTACT INFORMATION |
All questions to eroXart® regarding these terms
and conditions must be directed to:
Vía Email: 
Vía correo convencional:
eroXart
PO Box 445
29670 San Pedro de Alcántara (Málaga)
Spain
Fax. (+34) 952 78 39 04
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