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- Parties To This Agreement And
Consideration
- User Verification
- User's Code Of Conduct
- Grant Of Limited License With
Reservations
- Prohibited
Areas
- Indemnification
For Unauthorized Use Of Proprietary Materials
- Limited
Grant Of License
- Company's
Proprietary Rights To Content
- Limitations
On Company's Liability
- Disclaimer
Regarding Third Party Content/Limitation Of Liability
- Inappropriate
Use Of Chat Or Public Areas
- Communications
In Chat Room Or Public Areas Not Private
- Trademark
And Service Mark
- Private
Use Of Materials
- Disclosure
And Other Communication
- Your
Consent To Receive Email Communications From Us
- Liability
Of Users For Information They Post
- Notices
To Company Or Users
- Entire
Agreement
- Venue
And Jurisdiction
- Unenforceability
Of Provisions
By accessing the Eros Guide and affiliated Websites (hereafter "Websites"),
you are agreeing to these Terms and Conditions of Use.
1. Parties To This Agreement And Consideration
The parties to this Agreement (the "Agreement") are You, (the "User"),
and DARKSIDE PRODUCTIONS, INC. (the "Company"). As used in this Agreement,
the terms "we" and "us" are used interchangeably to refer to the Company
and the Websites; the term "You" and "Your" is used to refer to You, the
User.
1.1 By accessing the materials at Websites and for other good
and valuable consideration, the sufficiency of which is acknowledged by
You and the Company, You hereby agree to be bound by all the terms and
conditions set forth in this Agreement.
1.2 Subject to Your acceptance of the terms and conditions set forth in
this Agreement, The Company agrees to grant you a limited personal non-transferable
right to access the contents of EROS-GUIDE.COM and affiliated sites operated
by the Company.
1.3 This Agreement is subject to change by the Company at any time and
changes shall become effective upon notice to USERS by posting at or via
hyperlink to the Websites. You may not alter, delete, add or change or
edit any of these terms and conditions, and any such attempted alteration
shall be void and of no effect.
1.4 Any action on Your part to Bookmark to a page on this Websites whereby
the Warning Page, the Age Verification Page, and/or the Terms of Use Page
is bypassed shall constitute an implicit acceptance by You of all the
Terms and Conditions set forth herein as well as an explicit acknowledgement
by You of the fact that You are an adult and at least 18 years if age
or of the age of majority under the laws of Your state, province or country.
2. User Verification
ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED AT
THE WEBSITES ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS
IN LOCATIONS WHERE THE MATERIALS, MESSAGES AND OTHER COMMUNICATIONS CONTAINED
AT THE WEBSITES DO NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY FEDERAL, STATE
OR LOCAL LAW OR REGULATION OF THE UNITED STATES OR ANY OTHER COUNTRY. NO
PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) IN PLACES
WHERE EIGHTEEN YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY
VIEW OR POSSESS ANY OF THE CONTENTS OF THE WEBSITES OR PLACE ANY ORDERS
FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN THE WEBSITES.
2.1 YOU HEREBY ACKNOWLEDGE AND REPRESENT THAT YOU KNOW AND
UNDERSTAND THAT THE MATERIALS PRESENTED AT, AND/OR DOWNLOADABLE FROM,
THE WEBSITES 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.
2.2 YOU FURTHER REPRESENT AND WARRANT THAT YOUR ACCEPTANCE OF THESE TERMS
AND CONDITIONS CONSTITUTES AN UNEQUIVOCAL REQUEST ON YOUR PART TO RECEIVE
SEXUALLY EXPLICIT MATERIAL VIA THE WEBSITES AND THAT YOU HAVE NOT NOTIFIED
ANY GOVERNMENTAL AGENCY THAT YOU DO NOT WISH TO RECEIVE SEXUALLY ORIENTED
MATERIAL.
2.3 YOU FURTHER REPRESENT, AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER
THE AGE OF EIGHTEEN YEARS (TWENTY-ONE (21) IN PLACES WHERE EIGHTEEN YEARS
IS NOT THE AGE OF MAJORITY) AND ARE CAPABLE OF LAWFULLY ENTERING INTO
THIS AGREEMENT.
3. User's Code Of Conduct
You agree, warrant and covenant to use the Websites in accordance with
the following Code of Conduct and You agree and acknowledge that in our
sole discretion we may, but are under no obligation to reject or delete
any materials posted or uploaded by You which violates any of the following
provisions, and/or to terminate Your right to use or access the Websites
for violating these provisions:
3.1 You will not use the Websites to engage in any form of
illegal conduct, harassment or offensive behavior, including but not limited
to the posting or uploading of communications or any graphic, video or
audio content to the Websites which contain libelous, slanderous, abusive
or defamatory statements, or racist, obscene or offensive language.
3.2 You will not use the Websites to infringe the privacy rights, property
rights, or other civil rights of any person;
3.3 You will not post messages or use the Websites in any way which (i)
violates, plagiarizes or infringes upon the rights of any third party,
including but not limited to any copyright or trademark law, privacy or
other personal or proprietary rights, or (ii) is fraudulent or otherwise
unlawful or violates any law.
4. Grant Of Limited License With Reservations
You acknowledge and agree that all materials contained at the Websites
are proprietary and constitute valuable copyright, trademark and other
intellectual property owned by the Company or others who have licensed
or authorized use of such materials to the Company. You acknowledge and
agree that as such You may only access, view, download, receive and otherwise
use the materials available at the Websites only as authorized by the
Company.
4.1 You acknowledge that You understand that the Company does
not authorize access to any part of the Websites in any manner contrary
to the express provisions of this Agreement.
4.2 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 at the Websites
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 materials, directly or indirectly in places which the Company does
not authorize such access, viewing, downloading, receipt or other use.
4.3 You hereby acknowledge that You understand that the Company does not
authorize the accessing, viewing, downloading, duplication, receiving,
transmission, broadcasting or other use of the materials contained on
the Websites to or by any person, INCLUDING YOU, who is located in any
of the areas designated as PROHIBITED AREAS below.
4.4 You hereby acknowledge and agree that Company does not authorize access
to any parts of the Websites in any manner which bypasses this Agreement.
You further acknowledge and agree that You may not "bookmark" photographs
or other materials inside the Websites or directly access files designated
as part of the Websites except through appropriate authorization pages
as specified by the Company and You further agree that You shall not attempt
to do so.
4.5 You further acknowledge that You understand and agree that any and
all unauthorized access, viewing, downloading, receipt, duplication or
other use of materials from the Websites in violation of the terms and
conditions set forth herein, in which You are directly or indirectly involved,
including, but not limited to accessing, viewing, downloading, receiving
or other unauthorized use of materials in PROHIBITED AREAS in any manner,
shall constitute intentional infringement(s) of the Company's and potentially
others' intellectual property rights and other rights in such materials
and shall further constitute a violation of Company's trademark and other
rights, including, but not limited to, rights of privacy.
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