Terms and Conditions
AS TO THE NATURE OF THIS AGREEMENT
1. This document is an Agreement between the website eroticans.com (hereinafter known as “the website”), and any individual person accessing that website (hereinafter known as user). This Agreement makes up the entirety of the Agreement between the parties. Any dispute over any section of this Agreement shall be decided by an arbitrator or mediator chosen by the website owner at the time of the dispute, will fall within the scope of law and will be resolved under jurisdiction.
2. By accessing this website, and incontestably in case of repetitive use, explicit acceptance of this terms and/or use of several pages of the website, any user is presumed to have fully read, understand, and to agree to each and every term as described within this Agreement. The user will at all times follow and abide by each and every provision of the following Agreement and any/all other disclaimers/ messages/notes/instructions provided on this website and accepts all claims involving contractual and extracontractual damages as a result of breach or lack of good faith.
3. Specifically, by using the website, each of the following statements is thereby understood, verified, validated and agreed upon, by all parties, to be true and correct as a lawful Agreement unto itself; whether combined with any/all of the other statements outlined herein, or standing alone as a sole statement. If, by any reason, any of the clauses would be declared void, all other clauses, agreed upon, will remain binding.
4. The website maintains the right to adapt this Agreement at any time, for any provision and will give notice to the user of such an adaptation in due time.
5. The burden of proof for any possible breaches of this Agreement or any other liabilities that could arise by the website lies with the user. The burden of proof for the nonviolation of this Agreement by the user lies with the user.
AS TO THE GENERAL PROVISIONS OF THIS AGREEMENT
6. For the interpretation of the Agreement, following definitions are used:
• Website: https://eroticans.com and all its related websites and pages, including but not limited to forums, chat rooms, profiles, instant messages, blogs and comments;
• Affiliates of the website: officers, owners, creators, employees, associates, agents, representatives, subsidiaries and other affiliates of the website. User who use or provide content are not considered affiliates of the website;
• Content: all text, video, images to be found on the website, provided by users or affiliates of the website, including but not limited to stories, poetry, comments, chats, forum messages, private messages and blogs.
• Use content: to view, copy, access, spread and transfer content, displayed on the website;
• Provide content: to upload, provide, produce, adapt, modify, spread, discuss, transfer, post, create or copy content on the website.
7. The user does understand and agrees that the website contains stories, information, links, images, videos and/or other content of adult and sexually explicit material and that the user enters this website for the sole purpose of viewing and providing this content.
8. The user hereby solemnly swears, represents and confirms that he/she is eighteen (18) years of age and/or otherwise not legally incapacitated to form a binding contract under the applicable law and jurisdiction; that it is legal in his/her jurisdiction to view, publish, possess, spread, use, provide and reproduce sexually explicit material of an adult nature and that he/she is in the capacity and at the age, defined by the laws of the jurisdiction, on which the user is allowed to engage in this kind of activities. If this is not the case, it is strictly and explicitly forbidden to access the website and the user is obliged to cease using or abstain from using the website. The user has made reasonable efforts to determine in accordance with the concept of good faith and due diligence, that it is not unlawful or otherwise prohibited for him/her to visit this adult website from the current location.
a. The user of this website agrees that, any such material, as displayed and/or published on this website, does not offend him/her; and/or that, if the user is offended by the material displayed and/or otherwise published on this website, he/she will immediately cease or discontinue to utilize and/or access the said offensive materials further. The user is aware that none of the, by other users or by affiliates of the website, published content, is intended to offend, that these materials are entirely fictional and the result of random fantasies of users, even if these materials seem to be extreme, uncommon, violent or abusive to some people or to some societies.
9. The user will not, at any time or in any fashion allow any person under the age of eighteen (18) years of age, or younger than the minimum age provided by local jurisdiction, or any person who is barred by the applicable laws or jurisdiction to view or access any content of this website to use any content from the website. If the use by such a person is the result of a negligence of the user (e.g. leaving the browser open, not cleaning browse history, bookmarking the website,…), this will be considered equal with an intentional act.
10. The user is vested with the right to sign up for and create only one personal user profile per person, per IP-address, per postal address or per e-mail address and thus, for any reason whatsoever, the user cannot create more than one user profile. It is forbidden for the user to share his/her profile or account with another person. This includes among others the sharing of username and/or password, even if this is the result of negligence. The user will not impersonate any person or entity falsely or otherwise misrepresent its association with a person or entity.
11. The website asks each user to supply a “user name” at signup. That user name can be chosen by the user; however, any impersonation of any other real person, living or dead; is not allowed and considered as a direct violation of the Agreement. Additionally, it is not recommended that users choose their own, legal name. Of course, any user may choose his/her own lawful name as a user name on this website. However, any legal repercussions and/or breach of the user’s real life identity, caused by using his/her legal name on this site, is purely and solely the responsibility of the user; and the website is to be held harmless in such situations.
AS TO THE CODE OF CONDUCT
12. The user hereby assents not to provide any content anywhere on the website that is unlawful or tends to defame, harass, abuse, stalk, threaten or otherwise violate the legal rights of any (third) party. The user agrees not to provide any content that is illegal or extreme, whether real or animated or any other medium of expression, including content that is inappropriate defamatory, profane, obscene, child pornographic or content that is harmful to minors or refers to child abuse, racially vilifying, extreme, unusual, deliberately provocative or indecent or of nuisance value, inappropriate, vexatious, extremely violent or that contains incest, rape, pictures, stories or videos of minors, reluctance, bestiality, scat, blood, gun play/knife play, necrophilia, asphyxiation, totally unwilling persons, dangerous sexual acts, drugging, sniff, suicide or otherwise objectionable materials that could constitute a criminal offence, give rise to civil liability and which is unlawful or otherwise violates any applicable legislation; or provokes criminal behaviors by others.
13. The user will not transfer or attempt to transfer money between himself and other users of the website. And that by any means, the user will not engage in any activities that tends to solicit or disclose unlawfully any financial, banking or credit card details of any other users.
14. The user agrees not to promote actively, for any reason, any adult, erotica, sex story sites or any other type of competing website at any time on the website. Such promotion shall include, without limitation to, solicitation of the authors, visitors or members of the website via electronic mail, private messaging, text message or phone. Further, the user abstains from mass solicitation of other members. Passive promotion, free from aggressive, intrusive, misleading or disturbing communication is allowed.
15. This website, at all time, intends to keep the front of the site free of hardcore content. Therefore the user, by accessing the website understands and agrees to refrain from posting sexually explicit images in the avatar (defined as “the image the user posts as his/her main profile image”). The user will only embed, submit and/or add direct content containing and/or links to adult movies/videos containing erotic and/or otherwise sexual content, in the designated “hardcore” forums and/or tube section of the website.
16. The user understands that, as the chat rooms are of temporary nature within a closed environment, the users are permitted to upload adult images as long as the images do not violate any prevalent law and is consistent with the code of conduct, as outlined in this Agreement.
17. The user shall abstain from sharing or uploading family photographs. And therefore the user agrees not to post such images anywhere on the website.
18. The user will not, at any time, in any location and/or in any manner, post advertising material of any sort onto the website.
19. The user agrees that, if he/she, as an individual person, does personally find any images, which violate any of these guidelines, he/she will report that post to the administrator. The report shall specify the offending image web address along with the user name of the person who posted the image thereby violating the rules outlined herein in.
AS TO THE INTELLECTUAL PROPERTY RIGHTS
20. The user agrees that, without prior consent in writing from the owner of the materials in accordance with the applicable law, he/she will not upload, use, modify, download, display, provide, perform, transmit, or otherwise distribute any information or material on this website or found in the database of the website including, without limitation to, images, texts, audio, videos, HTML Source Code, in violation of the websites or its affiliates and any other third party’s copyrights, or other intellectual property or proprietary rights. All content provided is therefor presumed to be lawful and free from all copyrights claims of third parties. This obligation and all possible consequence of copyright claims lay with the user who provides the content.
21. The user agrees not to provide any content to which he/she does not own the copyright or materials which promotes an illegal or unauthorized copy of another person’s copyrighted work. This includes, but is not limited to, content placed upon the profile/account page and/or any other parts of the site, providing pirated images, audio or video, or links to pirated images, audio or video files.
22. The user submitting any intellectual property to the website does further acknowledge and agree that the website shall be considered and known to be a hosting format of third party submissions of intellectual property at all relevant time and for all relevant purposes.
23. Any user submitting intellectual property to this website must be the original creator of that property and/or the lawful owner of any/all works that user is submitting to this the website for publication. As such, upon each submission to the website the user does thereby swear and affirm, under penalty of law, that he/she is the owner and/or assignee, by way of creation, assignment or purchase, of that property being submitted.
24. The user agrees to provide, immediately and without delay, ownership proof in the form of a (1) contract or (2) a sworn and notarized affidavit to the website upon demand in order to prove the users ownership and/or authorized use of materials being posted to the website. If the user is not the owner, then prior to posting of such images to this website, the user must obtain a written legal permission from the actual copyright owner to post any such images.
25. The user permits the website and its affiliates, and represents and undertakes that he/she has the lawful right to permit, an irrevocable, perpetual, non-exclusive, unpaid, worldwide license to use, copy, perform, adapt, display, and distribute any content provided by the user. This includes, but is not limited to all rights of publication on all kinds of carriers, including, among others, websites, books, videos, photo’s, apps magazines, as content and/or promotional material and/or to prepare portions and/or the entirety of such submissions as derivative works and/or incorporated into other works. As such, that any/all submitted information and content is, upon submission, thereby granted under authorized sublicense from the user to the website for all purposes, including commercial with or without reference to the original author.
26. The user understands and agrees that the website is not the owner and/or producer of any content that the users are, by way of the stipulations of ownership outlined herein, the lawful owners of their own posted submission(s), and, that the user (and all other users) does hereby understand and agree that each user of the website is legally responsible and fully accountable for their own posts and/or submissions to the website; as well as any legal repercussions arising from those same posts and/or submissions.
27. If any of the content posted on the website infringes a copyright or any legal right of the reader of this Agreement, please send a notice of infringement containing the following information to the website at the address below:
• Identification of the work or material being infringed.
• Identification of the material that is claimed to be infringing, including its location, with sufficient details so that the website is capable of finding it and verifying the genuineness of the claim.
• Contact information including name, address, telephone number, and email address.
• A statement that the notifying party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or owner of the content whose right has been allegedly infringed.
28. The website will act, after notification and a proper verification, accordingly and within the boundaries of reasonable effort and time to disable access to the materials, posted by and under the responsibility of the content providing user of the website.
AS TO THE SANCTIONS FOLLOWING BREACH OF THIS AGREEMENT
29. The user understands that violation of any/all of the rules mentioned in this Agreement can result in a warning, a suspension, the deletion of content or an instant and permanent ban from the website. These sanctions can be given together with the permanent blocking of the users profile/account, IP-address or other data leading to the users identification. The website and its affiliates have a sole discretion to choose whatever sanction they find suiting to the infringements, without being bound to any prior obligation whatsoever and can make a record of any/all user’s (prior) movements on the website.
30. The website and its affiliates maintain, besides the aforementioned sanctions, all other legal rights and claims, granted by law, or, if not applicable, by the applicable jurisdiction.
31. The user understands that any violation of these rules, which violates any law, will be reported, in details from the offending users account, to the appropriate law enforcement officials in that users jurisdiction.
AS TO THE DISCLAIMER AND WAIVER OF RIGHTS
32. The user agrees that the website and its affiliates shall not be made liable or responsible for any the acts he/she does online. The conduct, while using the website, can be subject to criminal, civil and regulatory penalties. Therefore, the user agrees that while using the websites services the user is solely responsible for his/her conduct as well as the conduct of others using the account or IP-address, with or without permission.
33. The user agrees to indemnify and hold the website and its affiliates harmless from any and all liabilities, claims, demands, losses, expenses or costs made against the website due to or arising out of or in connection with the use of the site, or the users violation of this Agreement, or for the content he/she provides including but not limited to images, videos, and /or story uploading, internal messages between users or the infringement, or infringement by any other user of the account, of any intellectual property or other right of any person or entity.
34. Due to the graphic nature of this website there are a number of jurisdictions around the world where no person may view such materials. It is the duty and obligation of each user of the website to research and be aware of the laws in his/her own country prior to accessing, entering and/or utilizing this website; while taking full responsibility for his/her own actions. The website accepts no liability in this matter. By using this website the user agrees that he/she is doing so in accordance with the laws under which the user lives at the time of use.
35. All content provided is presumed to be lawful and free from all copyrights claims of third parties. This obligation and all possible consequence of copyright claims lay with the user who provides the content. No claim of any kind can be made against the website and all liabilities lay with the user.
36. The user, does acknowledge, understand and agree that each user is solely liable for any violations of this user Agreements and/or violations of any/all related and relevant laws/rules/statutes which govern such processes. Therefore, upon submission, user agrees to accept any such liability, holding harmless the website for the actions/submissions of the user.
37. Any opinions, advice, statements, or content made at or through this website and associated forums are the work product of third party users. The website neither guarantees nor endorses the content, usefulness, truthfulness, accuracy, meaning (either actual or implied), nor validity of such content, and the works contained are merely stored and published by the website to be provided to registered users for entertainment purposes only.
38. The website does reserve the right, but not the obligation, to monitor the content, and/or to remove any/all portion/s of the content at any time, for any reason, and/or without explanation.
AS TO THE PRIVACY POLICY
39. The users data will only be used for administrative purposes, communication by the website and it affiliates and for usage or processing related to the use, access and functioning of the website or the users account, to resolve a dispute, to offer customer service, to improve the website, to enforce this Agreement or any applicable legislation and to prevent, detect, mitigate, and investigate fraud, security breaches, potentially prohibited or illegal activities. Affiliates of the website can contact the user via mail, telephone, text messages or postal mail. Message and data rates may apply.
40. The user does understand that the email address or any data provided by the user will not be shared with any third party other than the website and it affiliates.
41. The website uses HTTP cookies in order for the webserver(s) to be able to differentiate individual users, to personalize the website and to maintain data related to the each user’s navigation, postings/submissions, and other preferences from one visit to the next. Those cookies allow the server(s) to understand whether or not a particular user is already authenticated and therefore allowed to access services available and/or to perform operations that are restricted to verified users already logged-in to the website.
42. The websites collects, processes, and retains personal information, manually and automatically, from the user and any devices (including mobile devices) the user may uses when he/she: uses the website, registers for an account, provides content, updates or adds information to the users account, participates in community discussions or chats, or when the user otherwise corresponds with us regarding the use of the website.
43. The personal information the website collects includes the following:
• Identifying information such as name, addresses, telephone numbers or email addresses when registering for an account;
• Other content that the user generates, or that is connected to the account;
• In some instances, when the user uses the websites Services, he/she may provide age, gender, interests and favorites;
• The user may also provide other information to the website and its affiliates through a web form, by updating or adding information to her/his account, through the participation in community discussions, chats, dispute resolution, or when he/she otherwise corresponds with us regarding the websites Services;
• Additional information the website and its affiliates are required or authorized by applicable national laws to collect and process in order to authenticate or identify the user or to verify the information the website has collected
44. The website retains the users personal information as long as it is necessary and relevant for the websites operations. In addition, the website may retain personal information from closed accounts to comply with national laws, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce the Agreement and take other actions permitted or required by applicable national laws. After it is no longer necessary for the website to retain the users personal information, the website disposes of it in a secure manner.
45. The user can see, review and change her/his personal information by signing in to her/his account on the profile page on the website by signing in with his/her username and password provided at signup. The user agrees on updating the personal information immediately if it changes or is inaccurate.
46. Once the user makes a public posting, he/she may not be able to change or remove it. Upon her/his request, the account will be closed and any personal information removed from view as soon as reasonably possible.
47. The website will honor any statutory right the user might have to access, modify or erase personal information. Where the user has a statutory right to request access or request the modification or erasure of the personal information, the website can still withhold that access or decline to modify or erase personal information in some cases in accordance with applicable national laws, but will give the user reasons if done so.
48. The website protects the information using technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards the website uses are firewalls and data encryption, physical access controls to the websites data centers, third party security software and information access authorization controls. If the user believes her/his account has been abused, please contact the website.