A. AGE AND LEGAL ACCESS CERTIFICATION
B. AGREEMENT TO VIEW ADULT MATERIAL
C. TRADEMARKS
D. COPYRIGHTS
G. DISCLAIMER
L. NOTICES
A. AGE AND LEGAL ACCESS CERTIFICATION.
By subscribing to and entering eroXart®.com, you certify the following information and understand that we are relying on such certification and agreement to these terms of service for allowing entry into the site. You hereby certify under unsworn declaration of perjury the following:
1. That you are 18 years of age or older;
2. That you are familiar with all local laws in your area affecting your legal right to access erotica or adult-oriented materials;
3. That you have the legal right to access adult-oriented materials and eroXart®.com has the legal right to transmit them to you; that you are requesting adult-oriented materials for your own private enjoyment and that you will never share these materials with a minor or in ANY WAY make these materials available to a minor.
B. 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."
eroXart®.com is a trademark and may be used publicly only with express written permission. Other trademarks and service marks featured on the site are displayed pursuant to licenses obtained from the owners and/or holders of those trademarks and service marks, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks.
Except for public domain material and electronic messages, all materials on this site are protected by Federal copyright and are protected under treaty provisions and worldwide copyright laws. Materials contained in any part of the site may not be reproduced, copied, edited, published, transmitted or uploaded in any way without the written permission of the sites owner. Except as expressly stated in the Limited License provision in these Terms of Use, no grant of any express or implied right to you under any of her trademarks, copyrights or other proprietary information are given.
eroXart®.com provides the materials on this site for the personal, non-commercial use by viewers, fans, visitors, subscribers and/or potential subscribers of said site. Users of this site are granted a single copy license to only view (on a single computer only). That the viewing of said information does not constitute the right to print or copy of any of the information made available for viewing on this site. The viewing of information on this site is for personal, non-commercial use only. Site owner reserves the right to limit the amount of materials viewed. Commercial use of any material located on it, is strictly prohibited. In addition, users of this site may not: (i) modify any of the materials found in any area of this site, download or copy any material from this site; (ii) use any of the materials found in any area of this site for any public display, performance, sale or rental; (iii) remove, modify or alter any copyright or other proprietary notice, or trademarks from any of the materials found in any area of the site; or (iv) otherwise transfer any material located in any area of this site to any other person or entity. Site owner reserves the right to terminate this license at any time if you breach or violate any provision of this Terms of Use agreement, in which case you will be obligated to immediately destroy any information or materials you have downloaded, printed or otherwise copied from this site. Site owner reserves all other rights coincident or related to this site.
F. COMMUNICATIONS NOT PRIVATE.
Site owner does not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to site owner shall be deemed to be readily accessible to the general public. Visitors should not use this site to transmit 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 this service, regardless of whether or the operators are the intended recipients of such messages.
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.
You may establish a hypertext "link" to this site and/or distribute, modify or re-use the text or graphics of this site only after obtaining written permission from site owner allowing you to do so.
I. LINKS TO THIRD PARTY SITES.
This site contains links to sites,
which are controlled by third parties. Those linked sites are not under
the control of site owner and site owner is not responsible for the
contents of any linked site or any link contained in a link site. Site
owner is providing those links to you only as a convenience, and the
inclusion of any link does not imply endorsement by site owner of any
linked site. Pursuant to the
terms of service licensee understands that the act of clicking on a
third party link is the act of leaving the site.
What kind of information do you collect?
When you join the membership portion of our web site you are asked to provide your name, address, e-mail, username and password, credit card number and expiration date, and birth date. When users request pages from our server, our Web server automatically collects some information about the users, including their IP addresses. We also collect information regarding your use of our site through the use of cookies. If you send us personal correspondence, such as emails or letters, we may collect such information into a file specific to you. We will maintain a record or notes of communications with you regarding your account.
Who sees my information?
We do not, and will not, distribute, rent or sell any personally identifiable information to third parties without your express consent, other than as necessary to process your credit card payment.(1)
How do you use my information?
We use you information solely in order to process your credit card payment, to facilitate your viewing of our web site and to communicate with you. We also use this information to compile broad demographic and web site usage information about our users in general that does not contain anything that could be used to identify you personally. Site owner uses your e-mail address to send periodic e-mail newsletters and promotional e-mail to you about services and products offered by us, if such communication has been requested by you. You will not receive any e-mail from us unless you have requested it and can indicate at any time that you do not wish to receive e-mail information from us. We do not provide your e-mail to third parties without your express consent.
How secure is my information?
Site owner takes reasonable precautions to maintain the security of any information obtained from and about you. We provide you with a secure web page through which to submit your billing information when you join the membership portion of our web site. We maintain your personally identifiable information in a reasonably secure manner including storing such information behind firewalls.
I've got more questions – can you help?
Site owner recognizes the importance
of protecting your privacy. If you have any questions about this Privacy
Statement, the practices of this web site or your dealings with this
site, please e-mail us. Please note that persons
under the age of 18 are prohibited from viewing our web site, and site
owner does not collect any personal information from persons under the
age of 18. Please also note that site owner is not responsible for the
content or the privacy polices of web sites to which it may provide
links or the websites of its advertisers.(1) Unless requested via a
subpoena, court order, or local, state, federal or international law
enforcement request.
Notices by site owner to customers
shall be given by means of electronic messages or by a general posting
on the site. Notices by customers to site owner shall be
given by electronic messages unless otherwise specified in the agreement.
All questions, complaints, or notices to site owner must be sent by
e-mail :
I agree to the terms and conditions specified by the site linked to
this page.
