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| EroticMassagePartner.com Terms of Use Agreement |
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When you view or use any service within EroticMassagePartner.com™ (collectively, the "Service"), you agree to be bound by all of the terms and conditions of this Agreement.
This document forms an agreement between you and EroticMassagePartner.com. Please read this Agreement carefully. If you do not agree to the terms and conditions, you may not use the Service. By using the Service you are agreeing to be bound by this Agreement, including all amendments. |
| 1. |
Agreement |
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This Agreement constitutes your agreement with EroticMassagePartner.com™ with respect to your use of the Service. You must agree to abide by all of the terms and conditions in this Agreement in order to use the Service. In this Agreement, "we" and "us" shall mean EroticMassagePartner.com™ or its successor or assignee.
This Agreement is subject to change at any time without prior notice. Changes
are effective upon posting. Bookmark this page and check it frequently as
it is up to you to refer to this page for any amendments or changes to the
original Agreement.
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| 2. |
Right to Use |
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Your right to use the Service is subject to 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 or database content. We may also impose limits on our Service or restrict your access to parts or all of the Service without notice or liability. |
| 3. |
Eligibility |
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You must be eighteen years or older to use the Service.
Membership in the Service is void where prohibited. By using the Service, you represent and warrant that you have the right, authority, and
capacity to enter into this agreement and to abide by all of the terms and
conditions of this agreement and that you are at least 18-years old (21-years
old where 18 is not the age of
majority) and are interested in and wish to have access to visual images,
verbal and written descriptions, and audio sounds of a sexually oriented and
candidly erotic nature. The materials, which are available within the Service 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-years old where 18 is not the age
of majority) or who is offended by such materials or who does not wish to be
exposed to such materials.
Commercially available parental control protections
may assist you in
limiting access to material that is harmful to minors. Commercially available software systems that assist in preventing your children from accessing this and other adult sites include:
CyberPatrol, NetNanny, and CyberSitter among others.
These links are
provided for information purposes only and is not intended as an endorsement
of the products, services, or policies of the respective companies.
Further, Dancesoft has no affiliation with
these companies.
By using the Service you represent and warrant under penalty of
perjury the following:
- That you are an adult, at least 18-years of age (21-years old where 18 is not the age of majority).
- That you will not permit any person(s) under 18-years of age (21-years old
where 18 is not the age of majority)
to have access to the Service or any of the materials contained within the Service.
- That you understand when you use the Service, that you will be
exposed to visual images, verbal descriptions and audio sounds of a sexually
oriented and candidly erotic nature, which may include graphic visual depictions
and descriptions of nudity and sexual activity. You are voluntarily choosing to
do so, because you want to view, read and/or hear the various materials which
are available, for your own personal enjoyment, information and/or education.
Your choice is a manifestation of your interest in sexual matters which, you
believe, is both healthy and normal and which, in your experience, is generally
shared by average adults in your community. You further represent and warrant
that you are familiar with the standards in your community regarding the
acceptance of such sexually oriented materials, and the materials you expect
to encounter are within those standards. In your judgment, the average adult
in your community accepts the consumption of such materials by willing adults
in circumstances 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.
- That you further represent and warrant that you have not notified any
governmental agency, including the U.S. postal service, that you do not wish
to receive sexually oriented material.
- That you represent and warrant that you have not and will not use and/or
view the Service in a restricted location - namely a place, country, or
location in which doing so would, or could be deemed a violation of any
law, regulation, rule, ordinance, edict or custom.
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| 4. |
Subscription Fees/Termination |
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Many features of the Service are offered free of charge. Some features require a paid membership fee. These free and paid services may change from time to time. Subscription fees were provided to you upon registration with the Service and may change from time to time upon electronic notice to you.
Dancesoft
reserves the right to terminate your access to the site for any reason or no
reason. Dancesoft may terminate your membership upon sending
notice to you at the email address you provide in your application for
membership or such other email address as you may later provide to us. If
Dancesoft terminates your membership in the EroticMassagePartner.com service because you have breached this Agreement, you
will not be entitled to any refund of any unused subscription fees. Even after
this Agreement is terminated, certain provisions will remain in effect
including sections Eligibility, Non-Commercial Use, Notices, inclusive, of this Agreement. |
| 5. |
Non-Commercial Use |
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The Service is for the personal use of individual members
and viewers only and may not be used in connection with any commercial
endeavors. Organizations, companies, and/or businesses may not become members
of this site and shall not use the Service for any commercial purpose including but not limited to:
- sending
unsolicited commercial e-mail to members,
- advertising or soliciting commercial goods or services including other web
sites,
- using member personal
identifying information for commercial purposes.
Illegal and/or unauthorized
uses of the site, including unauthorized framing of or linking to EroticMassagePartner.com or
the sending of unsolicited commercial email will be investigated, and
appropriate legal action will be taken, including without limitation, civil,
criminal, and injunctive redress and/or termination of membership at EroticMassagePartner.com's sole discretion. In order to prevent the sending of
unsolicited commercial email or messages to its members,
Dancesoft may take reasonable steps, including the limiting
of the numbers of emails or messages sent or received by a member and
electronically filtering or throttling or terminating e-mail and messages
at Dancesoft's sole discretion.
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| 6. |
Proprietary Rights |
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The site
contains the copyrighted material, trademarks, and other proprietary
information of Dancesoft, and its licensors. Except for that
information which is in the public domain or for which you have been given
permission, you may not copy, modify, publish, transmit, distribute, perform,
display, or sell any such proprietary information. |
| 7. |
Content Posted / Communications Decency Act |
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- Dancesoft claims immunity from liability to the fullest
extent under the law and as provided under the Communications Decency Act for
Content provided by third parties and members and nothing in this agreement is
intended to waive, remove, or usurp such immunity.
- You will not post your or other's personal contact information in your personal profile, including, but not limited to, last names, addresses, e-mail addresses, telephone numbers, fax numbers, instant messenger IDs, web URLs, or mentioning places and when you will be there.
- You understand and agree
that Dancesoft may delete any content, messages, photos or
profiles (collectively, "Content") that in the sole judgment
Dancesoft violates the Terms of Use or which might be
offensive, illegal, or that might violate the rights, harm, or threaten the
safety of Dancesoft and/or its members.
- You are solely responsible for the content that you publish or display
(hereinafter, "post") on the Service , or transmit to other
Service members.
- By posting content to any public area of EroticMassagePartner.com, you
automatically grant, and you represent and warrant that you have the right to
grant, to Dancesoft and its members, an irrevocable,
perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform,
display, and distribute such information, rights of publicity, and content and
to prepare derivative works of, or incorporate into other works and other
media, such information and content, and to grant and authorize sublicenses of
the foregoing.
- Dancesoft will investigate and take appropriate legal
action in its sole discretion against anyone who violates this provision,
including without limitation, removing the offending communication from the
Service and terminating the membership of such violators. The
following is a partial list of the kind of content that is illegal or
prohibited on the site:
- It includes content that: is patently offensive to
the online community, such as content that promotes racism, bigotry, hatred or
physical harm of any kind against any group or individual;
- harasses or
advocates harassment of another person or invades their privacy;
- involves the
transmission of "junk mail", "chain letters," or unsolicited commercial e-mail
or "spamming";
- promotes information that you know is false, misleading or
promotes illegal activities or conduct that is abusive, threatening, obscene,
defamatory or libelous;
- promotes an illegal or unauthorized copy of another
person's copyrighted work, such as providing pirated computer programs or
links to them, providing information to circumvent manufacture-installed
copy-protect devices, or providing pirated music or links to pirated music
files;
- contains restricted or password only access pages, or hidden pages or
images (those not linked to or from another accessible page);
- displays
pornographic or sexually explicit material of any kind;
- provides material that
exploits people under the age of 18 in a sexual or violent manner, or solicits
personal information from anyone under 18;
- provides content that involves
cursing, swearing, incest, falsifying gender, violence, necrophilia,
impersonating another member, threat of suicide or harm to oneself or others,
drug paraphernalia, or bestiality;
- provides instructional information about
illegal activities such as making or buying illegal weapons, violating
someone's privacy, or providing or creating computer viruses;
- solicits
passwords or personal identifying information for commercial or unlawful
purposes from other users;
- sending advertisements in messages;
- and engages in commercial activities and/or sales without our prior
written consent such as contests, sweepstakes, barter, advertising, and pyramid
schemes.
- You must use the Service in a manner consistent with
any and all applicable laws and regulations.
- You agree that you will not use any robot, spider, other automatic device,
or manual process to monitor or copy our web pages or the content contained
herein without our prior expressed written permission. You agree that you will
not use any device, software or routine to bypass or to interfere or attempt
to interfere with the proper working of the Service.
- You
agree that you will not take any action that imposes an unreasonable or
disproportionately large load on our infrastructure. Much of the information
on our site is updated on a real time basis and is proprietary or is licensed
to Dancesoft by our users or third parties.
- You may not engage in advertising to, or solicitation of, other members to
buy or sell any products or services through the service. You will not transmit
any chain letters or junk email to other EroticMassagePartner.com members.
Although Dancesoft cannot monitor the conduct of its members
off the Service, it is also a violation of these rules to
use any information obtained from the service in order to harass, abuse, or
harm another person, or in order to contact, advertise to, solicit, or sell to
any member without their prior explicit consent.
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| 8. |
Copyright Policy / Digital Millennium Copyright Act |
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You may not post, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior
written consent of the owner of such proprietary rights or otherwise have a
valid basis under the law, including "fair use". Without limiting the
foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright
infringement, please provide us with the following information
consistent with the Digital Millennium Copyright Act (DMCA): 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 the our site including the URLs of web pages and/or
hyperlinks; 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. Dancesoft 's Copyright Agent for
Notice of claims of copyright infringement can be reached as follows:
Dancesoft
PO Box 4730
Mountain View, CA 94040
It is the intention of Dancesoft to fully comply with the
DMCA, including the Notice and "take down" provisions and to benefit from the
safe harbors immunizing it from liability to the fullest extent provided by
law, and to the extent the Notice and "take down" requirements above deviate
from the requirements under the DMCA then the Notice requirements as provided
by the DMCA shall control and are herein incorporated by reference. |
| 9. |
Member Disputes |
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Dancesoft
does not solicit or control the information provided by other
users that is made available through the Service. You may find other user's
information to be offensive, harmful, inaccurate and/or deceptive. If so, please
request a profile review. Please also use
caution, common sense, and safety when using our site. You are solely
responsible for your interactions with other EroticMassagePartner.com members.
Because Dancesoft is not involved in member interactions, in the event that you have
a dispute with one or more members or those who have posted, viewed and/or used
information on the EroticMassagePartner.com site, you release
Dancesoft, including its officers, directors, agents,
subsidiaries and employees, from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way connected
with such disputes. If you are a California resident, you waive California
Civil Code § 1542, which says: "A general release does not extend to claims
which the creditor does not know or suspect to exist in his favor at the time
of executing the release, which if known by him must have materially affected
his settlement with the debtor." Dancesoft reserves the
right, but has no obligation, to monitor disputes between you and other
members. |
| 10. |
Privacy |
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Use of the EroticMassagePartner.com site and/or its service is governed by our
Privacy Policy, which may change from time to time upon electronic notice to
you. |
| 11. |
Disclaimers |
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Dancesoft, including its officers, directors, agents,
subsidiaries and employees is not responsible for any incorrect or inaccurate
content posted on the site or in connection with the Service, whether caused by users, members or by any of the equipment or
programming associated with or utilized in the service, nor for the conduct of
any user and/or member of the Service whether online or
offline. Dancesoft assumes no responsibility for any error,
omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to,
or alteration of, user and/or member communications. Dancesoft
is not responsible for any problems or technical malfunction of any telephone
network or lines, computer on-line-systems, servers or providers, computer
equipment, software, failure of email or players on account of technical
problems or traffic congestion on the Internet or at any website or combination
thereof, including injury or damage to users and/or members or to any other
person's computer related to or resulting from participating or downloading
materials in connection with the Service. Under no circumstances
shall Dancesoft be responsible for any loss or damage resulting
from anyone's use of the Service and/or any content posted on the Service or transmitted to EroticMassagePartner.com members.
The Service is provided "AS-IS" and Dancesoft
expressly disclaims any warranty of fitness for a particular purpose or
non-infringement. Dancesoft cannot guarantee and does not
promise any specific results from use of the site and/or the Service.
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| 12. |
Technical Requirements |
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It is your resposnibilty to use up to date hardware and software systems. The Service may not work properly on out of date hardware or software platforms.
The Service works very poorly or not at all, on Web TV.
The Service may not function on public computers such as at libraries or internet cafes due to restrictions that may be placed on such computers.
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| 13. |
Limitation on Liability |
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Except in jurisdictions where such provisions are restricted (and in that event
liability is disclaimed to the fullest extent permitted by law), in no event
will Dancesoft be liable to you or any third person for any
indirect, consequential, exemplary, incidental, special or punitive damages,
including also lost profits arising from your use of the Service, even if Dancesoft has been
advised of the possibility of such damages. You further agree to hold Dancesoft, including its officers, directors, agents, subsidiaries and employees harmless for claims arising in the event
that other user's profile ultimately proves to be offensive, harmful, inaccurate
and/or deceptive. Notwithstanding anything to the contrary contained herein,
Dancesoft's liability to you for
any cause whatsoever, and regardless of the form of the action, will at all
times be limited to the amount paid, if any, by you to EroticMassagePartner.com for the Service during the term of membership. |
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U.S. Export Controls |
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Software from EroticMassagePartner.com is further subject to United States export controls.
No software from EroticMassagePartner.com may be downloaded or otherwise exported or
re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya,
North Korea, Iran, Syria, or any other country to which the U.S. has embargoed
goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
By downloading or using the Software, you represent and warrant that you are
not located in, under the control of, or a national or resident of any such
country or on any such list. |
| 15. |
Agreement to Arbitrate Disputes |
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Any and all disputes arising out of or related to these Terms of Use and/or
your relationship with Dancesoft and/or your use of EroticMassagePartner.com shall be submitted to binding arbitration according to the rules of the
American Arbitration Association. The parties to the arbitration shall evenly
divide any and all costs of the arbitration. Neither party shall be entitled to
attorney fees. All parties submit to exclusive jurisdiction in Santa Clara
County, California. The arbitration shall take place exclusively in Santa
Clara County, California at JAMS before a retired judge and shall be governed
by California law without regard to its conflict of law provisions. |
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Indemnification |
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You agree to indemnify and hold Dancesoft, its subsidiaries,
affiliates, officers, agents, and other partners and employees, harmless from
any loss, liability, claim, or demand, including reasonable attorney's fees,
made by any third party due to or arising out of your use of the service in
violation of this Agreement and/or arising from a breach of these Terms of Use
and/or any breach of your representations and warranties set forth above. |
| 17. |
Notices |
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Except as explicitly stated otherwise, any notices shall be given by postal
mail to:
Dancesoft
PO Box 4730
Mountain View, CA 94040
or to the email address you provide to EroticMassagePartner.com during the
registration process. Notices shall be deemed given 24 hours after email is
sent, unless the sending party is notified that the email address is invalid.
Alternatively, Dancesoft may give you notice by certified
mail, postage prepaid and return receipt requested, to the address provided
to EroticMassagePartner.com during the registration process. In such case, notice
shall be given 3 days after the date of mailing. You agree that this Agreement
and all incorporated Agreements may be automatically assigned by
Dancesoft, in our sole discretion, to a third party.
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| 18. |
Misc. |
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Headings
are for reference purposes only and in no way define, limit, construe or
describe the scope or extent of such section. References to
Dancesoft shall include its subsidiaries, affiliates,
officers, agents, and other partners and employees.
Dancesoft's failure to act with respect to a breach by you
or others does not waive its right to act with respect to subsequent or similar
breaches. If any provision of this Agreement is held invalid, the remainder of
this Agreement shall continue in full force and effect.
Dancesoft
PO Box 4730
Mountain View, CA 94040
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