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1. ACCEPTANCE By using and/or visiting the Erodite website (collectively, including but not limited to all content, uploads and User Submissions, as defined below, available through Erodite.com, the Website) you agree to the terms and conditions contained herein and the terms and conditions of Erodite's privacy policy incorporated herein, and all future amendments and modifications (collectively referred to as the "Website Use Agreement"). By entering the Website, you agree to be bound by these terms and conditions. If you do not agree to be bound the terms and conditions contained herein, then do not use the Website. The terms and conditions of this Website Use Agreement are subject to change by Erodite at any time in its sole discretion and you agree be bound by all modifications, changes and/or revisions. If you do not accept to be bound by any and all modifications, changes and/or revisions of this Website Use, you many not use the Website. The terms and conditions contained herein apply to all users of Erodite whether a visitor, registered member, or 'Contestant', as defined in the applicable Website Video Contest Agreement, and you are only authorized to use the Website if you agree to abide by all applicable laws and be legally bound by the terms and conditions of this Website Use Agreement. 2. DESCRIPTION The Website allows for uploading, sharing and general viewing various types of content allowing registered and unregistered users to share and view visual depictions of adult content, including sexually explicit images. In addition, the Website contains video content, information and other materials posted/uploaded by users. Erodite allows its users to view the Website subject to the terms and conditions of this Website Use Agreement. The Website may also contain certain links to third party websites which are in no way owned or controlled by Erodite. Erodite assumes no responsibility for the content, privacy policies, practices of any and all third party websites. Erodite cannot censor or edit the content of third party sites. You acknowledge that Erodite will not be liable for any and all liability arising for your use of any third-party website. The Website is for your personal use and shall not be used for any commercial endeavor except those specifically endorsed or approved by Erodite. Any illegal and/or unauthorized use of the Website is prohibited including but not limited to collecting usernames and e-mail addresses for sending unsolicited emails or unauthorized framing or linking to the Website is prohibited. 3. ACCESS In order to use the Website, you affirm that you are at least twenty-one (21) years of age and/or over the age of majority in the jurisdiction you reside and from which you access the Website where the age of majority is greater than twenty-one (21) years of age. If you are under the age of 21 and/or under the age of majority in the jurisdiction you reside and from which you access the Website, then you are not permitted to use the Website. 4. CONDUCT You acknowledge and agree that you shall be responsible for your own user submissions and the consequences of posting, uploading, publishing transmitting or other making them available on the Website. You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on the Website which is illegal, unlawful, harassing, harmful, threatening, tortuous, abusive, defamatory, obscene, libelous, hateful, racially or ethnically-offensive, invasive of one's privacy, including but not limited to, personal information. You also agree that you shall not post, upload, publish, transmit or make available in any way on the Website containing viruses or any other computer code, files, or programs designed to destroy, interrupt, limit the functionality of, or monitor, or persistently reside in or on any computer software or hardware or telecommunications equipment. You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on the Website which is intentionally or unintentionally violating any applicable local, state, national, or international law, or any regulations or laws having the force of law where you reside and elsewhere, including but not limited to any laws or regulations relating to securities, privacy, and export control. You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on the Website depicting illegal activities, promote or depict physical harm or injury against any group or individual, or promote or depict any act of cruelty to animals. You agree not to use the Website in any way that exposes Erodite to criminal or civil liability. You agree that Erodite shall have the right to determine in its sole and unfettered discretion, what action shall be taken in the event of any discovered or reported violation of the terms and conditions contained herein. 5. INTELLECTUAL PROPERTY The content contained on the Website, with the exception of User Submissions, including but not limited to, the text, software, scripts, graphics, music, videos, photos, sounds, interactive features and trademarks, service marks and logos contained therein, are owned by and/or licensed to Erodite, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Erodite reserves all rights not expressly granted in and to the Website. You agree to not engage in the use, copying, or distribution of any content on the Website other than expressly permitted herein, including any use, copying, and/or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to disable, circumvent, or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein. 6. USER SUBMISSIONS Erodite may permit the submission of video and other communications and the hosting, sharing and publishing of such user submissions, subject to this Website Use Agreement and that certain Website Video Contest Agreement, as applicable ("User Submissions"). You understand that whether or not such User Submissions are published and/or uploaded, Erodite does not guarantee any confidentiality with respect to any submissions. Erodite reserves the right to discontinue any aspect of the Website at any time. You shall be solely responsible for any and all of your own User Submissions and the consequences of posting, uploading and publishing them. Furthermore, with User Submissions, you affirm, represent and/or warrant that: 1. you own or retain the necessary licenses, rights, consents, and permissions to use and authorize Erodite to use all trademarks, copyrights, trade secrets, patents, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and this Website Use Agreement; and 2. you will not post, or allow anyone else to post, any material that depicts any person under the age of 21 years and you have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submissions are, in fact, over the age of 21, as per the requirements of 18 U.S.C §2257. 3. You have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and this Website Use Agreement. For clarity, you retain all of your ownership rights in your User Submissions. By submitting the User Submissions to the Website, you hereby grant Erodite a worldwide, exclusive, perpetual, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and Erodite's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through any functionality of the Website and under this Website Use Agreement. In submitting material (video or other communication), you further agree that you shall not: 1. submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Erodite all of the license rights granted herein; 2. publish falsehoods or misrepresentations that could damage Erodite or any third party; 3. submit material that is obscene, illegal, unlawful, defamatory, libelous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violate any law, or is otherwise inappropriate; 4. post advertisements or solicitations of business; or 5. impersonate another person. Erodite does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Erodite expressly disclaims any and all liability in connection with User Submissions. Erodite does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Erodite will remove any content and User Submissions if properly notified that such content or User Submission infringes on another's intellectual property rights. Erodite reserves the right to remove any content and User Submissions without prior notice or delay. Erodite will also terminate a user's access to the Website if such user determined to be an infringer. While pornographic and adult content are accepted, Erodite also reserves the right to decide, in its sole and unfettered discretion, whether content or a User Submission is appropriate and complies with this Website Use Agreement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material, or excessive length. Erodite may remove such User Submissions and/or terminate a user's access for uploading such material in violation of this Website Use Agreement at any time, without prior notice and at its sole discretion. You understand and acknowledge that when using the Website, you will be exposed to User Submissions from a variety of sources and that Erodite is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Erodite with respect thereto, and agree to indemnify and hold Erodite, its owners, affiliates, operators, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the website. You agree that Erodite may, at its sole discretion, have the right to refuse to publish, remove, or block access to any User Submission that is available via the Website at any time, for any reason, or for no reason at all, with or without notice. Erodite provides the Website as a service to its users. However, Erodite assumes no responsibility whatsoever for monitoring the Website for inappropriate content or conduct. If at any time Erodite chooses, in its sole discretion, to monitor the Website, however, Erodite assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content. Erodite may review and delete any User Submissions that, in its sole judgment, violates this Website Use Agreement or may be otherwise offensive or illegal, or violate the rights, harm, or threaten the safety of any user or person not associated with the Website. You are solely responsible for the User Submissions that you make visible on the Website or any other material or information that you transmit or share with other Users or unrelated third-parties via the Website. 7. POLICY Erodite abides by a ZERO TOLERANCE policy relating to any illegal content. Child pornography, bestiality, rape, torture, snuff, death and/or any other type of obscene and/or illegal material shall not be tolerated by Erodite. Erodite does not condone child pornography and will cooperate with all governmental agencies that seek those who produce child pornography. 8. FEES You acknowledge that Erodite reserves the right to charge for Erodite services and to change its fees from time to time in its discretion. Furthermore, in the event Erodite terminates your rights to use the Website because of a breach of this Website Use Agreement, you shall not be entitled to the refund of any unused portion of subscription fees. 9. WARRANTIES You represent and warrant that all of the information provided by you to Erodite to participate in the Website is accurate and current and that you have all necessary right, power, and authority to enter into this Website Use Agreement and to perform the acts required of you hereunder. As a condition to using the Website, you must agree to the terms of Erodite's privacy policy and its modifications. You acknowledge and agree that the technical processing and transmission of the Website, including your User Submissions, may involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by Erodite with regard to its users may be disclosed in accordance with the Erodite Privacy Policy. 10. WARRANTY DISCLAIMER YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ERODITE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. ERODITE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY 1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, 2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, 3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, 4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR 5. ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. ERODITE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ERODITE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ERODITE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. 11. LIMITATION OF LIABILITY IN NO EVENT SHALL ERODITE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY 1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, 2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, 3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, 4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, 5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR 6. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ERODITE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. 12. INDEMNITY You agree to defend, indemnify and hold harmless Erodite, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: 1. your use of and access to the Website; 2. your violation of any term of this Website Use Agreement; 3. your violation of any third party right, including without limitation any copyright, property, or privacy right; or 4. Any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive this Website Use Agreement and your use of the Website. You affirm that you are more than 21 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Website Use Agreement, and to abide by and comply with the terms and conditions contained herein. 13. ASSIGNMENT The terms and conditions contained herein and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Erodite without restriction. If any term, clause or provision of this Website Use Agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Website Use Agreement. ERODITE WEBSITE PRIVACY POLICY: This policy details important information regarding the use and disclosure of user data collected on the Website ("User Data"). The security of User Data is very important to Erodite and, as such, we take all appropriate steps to limit the risk that it may be lost, damaged or misused. The Website expressly and strictly limits its membership and/or viewing privileges to adults 21 years of age and over. All persons who do not meet its criteria are strictly forbidden from accessing or viewing the contents of the Website. We do not knowingly seek or collect any personal information or data from persons who have not attained the age of majority. DATA COLLECTED * Personal Information: o Non-Registered users can watch videos without registering and without any information being collected and processed. However the visitor's IP address will be recorded in the event that there is any misappropriation of information and/or content. o Registered Members: Registration is required for uploading videos, and accessing a number of other features. The following personal information is requested at the time of registration: username (required), and email address (required). Additional personal information, such as year of birth, relationship status and sexual orientation may be added on a voluntary basis after registration, for members interested in identifying and potentially contacting other members meeting specific criteria. All this data, with the exception of the email address and IP address, becomes publicly accessible information. * Content Uploaded to the site: Any personal information or video content that you voluntarily disclose online becomes publicly available and can be collected and used by others. * Cookies: When you visit the Website, we may send one or more cookies to your computer that uniquely identifies your browser session. The Website uses both session cookies and persistent cookies. If you remove your persistent cookie, some of the site's features may not function properly. * Log File Information: When you visit the Website, our servers automatically record certain information that your web browser sends such as your web request, IP address, browser type, browser language, referring URL, platform type, domain names and the date and time of your request. * Emails: If you contact us, we may keep a record of that correspondence. USES * Your Personally identifiable information submitted to the Website is used to provide to the user the Website's features and special personalized features. * Your chosen username (not your email address) is displayed to other users alongside the content you upload, including videos, comments, at, the messages you send through the Website's private mail, etc. Other users can contact you through, private messages. * Any videos that you submit to the Website may be redistributed through the internet and other media channels, and may be viewed by the general public. * We do not use your email address or other personally identifiable information to send commercial or marketing messages without your consent. * We may use your email address without further consent for non-marketing or administrative purposes (such as notifying you of key website changes or for customer service purposes). * We analyze aggregated user traffic information to help streamline our marketing and hosting operations and to improve the quality of the Website user-experience. DISCLOSURE OF INFORMATION * If under duty to do so, the Website may release data to comply with any legal obligation, or in order to enforce our Website Use Agreement and other agreements; or to protect the rights, property or safety of the Website or our subscribers or others. This includes exchanging information with other companies and organizations, including the police and governmental authorities, for the purposes of protection against fraud or any other kind of illegal activity whether or not identified in the Website Use Agreement. It is the Website's policy, whenever possible and legally permissible, to promptly notify you upon an obligation to supply data to any third party. * Should you deliberately upload any illegal material, Erodite shall forward all available information to all relevant authorities without notice to you. - We do not share your personally identifiable information (such as name or email address) with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. SECURITY Where we have given you (or where you have chosen a password) which enables you to access certain parts of the Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the Internet is not completely secure. The Website uses commercially reasonable physical, managerial and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to the Website and you do so at your own risk. YOUR RIGHTS You are entitled to access and correct your User Data by doing so directly on the Website or by requesting us to do so via the 'Contact Us' section. |