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| 1. Acceptance of Terms |
The following terms of use (Terms) govern the use of the adultdvdserotica.com
website herein referred to as (Website). Read these terms carefully
before You herein referred to as (You) accept these Terms by: (a)
placing an order through adultdvdserotica.com, or (b) otherwise using
the Website. If You do not agree with all of these Terms, do not use
this Website.Royal Media Network Inc. is the owner and operator of
adultdvdserotica.com. The Terms are entered into by and between Royal
Media Network Inc. and You. Any reference herein to Royal Media Network
Inc. shall be deemed to refer to Royal Media Network Inc. and/or adultdvdserotica.com,
as applicable under the circumstances. The products offered for sale
and other on-line resources accessible via adultdvdserotica.com, are
provided to You, subject to the Terms. Unless explicitly stated otherwise,
the Terms will govern Your use of any new features that augment or
enhance the Website.
You acknowledge that this Website contains sexually oriented adult
material intended for individuals 18 years of age or older and of
legal age to view sexually explicit material as determined by the
local and national laws of the region in which You reside. You agree
not to enter adultdvdserotica.com if you are not 18 years of age or
older, if sexually oriented adult material offends you, or if you
are accessing this Website from any community or country where adult
material is specifically prohibited by law. |
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| 2. Intellectual Property Rights |
Unless otherwise indicated, all information, images, text, messages,
illustrations, graphics, logos, designs, icons, photographs, programs,
data, software, music, sound, video, or other materials that are part
of this Website (collectively, the Content) are protected by copyrights,
trademarks, service marks, publicity rights, or other proprietary
rights and laws owned, controlled or licensed by Royal Media Network
Inc. or by third parties (the Third Party Providers) who have provided
materials to Royal Media Network Inc., and these rights are valid
and protected in all forms, media and technologies, existing now or
hereinafter developed. All Content is copyrighted as a collective
work under the U.S. copyright laws, and Royal Media Network Inc. owns
a copyright in the selection, coordination, arrangement, and enhancement
of such Content.
Except as set forth herein, none of the Content may be copied, reproduced,
framed, modified, removed, sold, distributed, republished, downloaded,
displayed, posted, transmitted, or otherwise exploited, in whole or
in part, in any form or by any means, including, but not limited to,
electronic, mechanical, photocopying, recording, or otherwise, without
the prior express written permission of Royal Media Network Inc. or
the Third Party Provider. No part of this Website may be reproduced
or retransmitted in any way, or by any means, without the express
written permission of Royal Media Network Inc.. You also may not,
without Royal Media Network Inc.'s prior express written permission,
mirror any of the Content contained on this Website on any other server.
Royal Media Network Inc. is committed to respecting others' intellectual
property rights, and we ask our users to do the same. Royal Media
Network Inc. may, in its sole discretion, terminate the accounts or
access rights of users who infringe or otherwise violate others' intellectual
property rights.
Nothing on this Website shall be construed as conferring any license
under any of Royal Media Network Inc.'s or any Third Party Provider's
intellectual property rights, whether by estoppel, implication, or
otherwise. You acknowledge sole responsibility for obtaining any such
licenses.
Permission is granted to display, copy, distribute and download Royal
Media Network Inc.'s Content on the Website for Your personal, non-commercial
use only, provided You do not modify the materials and that You retain
all copyright notices, trademark legends, and other proprietary rights
notices contained in the materials. This permission terminates automatically
if You breach any of these Terms. Upon termination, You must immediately
destroy any downloaded and printed materials.
The Content on this Website may be used only as a shopping resource.
The Content may not be redistributed to any minor, to any person who
may find the Content personally offensive, or to any person who resides
in any community or country where adult material is specifically prohibited
by law. Any unauthorized use of any Content contained on this Website
may violate copyright laws, trademark laws, the laws of privacy and
publicity, and communications regulations and statutes.
Royal Media Network Inc. has not independently authenticated content
provided by Third Party Providers in whole or in part. Royal Media
Network Inc. does not provide, sell, license, or lease any of the
Content other than those specifically identified as being provided
by Royal Media Network Inc. |
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| 3. Your Conduct |
| You agree to use adultdvdserotica.com only for lawful purposes.
You are prohibited from posting on or transmitting through adultdvdserotica.com
any Content that violates or infringes anyone's intellectual property
rights (including copyrights, trademarks, trade secrets, patents,
publicity rights or (to the extent protectable) confidential ideas)
or that is obscene, obscene as to minors, child pornography, defamatory,
racist, lewd, lascivious, filthy, excessively violent, harassing,
or otherwise deemed by Royal Media Network Inc. to be harmful or objectionable,
or that intentionally or unintentionally violates any applicable local,
state, national or international law, or any regulations having the
force of law. |
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| 4. Comments, Communications and Other Content |
| All comments, communications, ideas, and other content disclosed,
submitted or offered to Royal Media Network Inc. on or by this Website
or otherwise disclosed, submitted or offered in connection with Your
use of this Website (collectively, the "Comments") shall
be and remain Royal Media Network Inc.'s property. Such disclosure,
submission or offer of any Comments shall constitute an assignment
to Royal Media Network Inc. of all worldwide rights, titles and interests
in all copyrights and other intellectual properties in the Comments.
Thus, Royal Media Network Inc. will own exclusively all such rights,
titles and interests and shall not be limited in any way in its use,
commercial or otherwise, of any Comments. Royal Media Network Inc.
is and shall be under no obligation (1) to maintain any Comments in
confidence; (2) to pay to user any compensation for any Comments;
or (3) to respond to any user Comments. You agree that no Comments
submitted by You to the Website will violate any right of any third
party, including copyright, trademark, privacy or other personal or
proprietary right(s). You further agree that no Comments submitted
by You to the Website will be or contain libelous or otherwise unlawful,
abusive or obscene material. You are and shall remain solely responsible
for the content of any Comments you make. |
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| 5. Links |
The Website may provide, or third parties may provide, links to
other Internet sites or resources. Because Royal Media Network Inc.
has no control over such sites and resources, You acknowledge and
agree that Royal Media Network Inc. is not responsible for the availability
of such external sites or resources, and does not endorse and is not
responsible or liable for any content, advertising, products, or other
materials on or available from such sites or resources. Royal Media
Network Inc. will not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such content, goods or services available
on or through any such site or resource.
This Website may be linked to other websites that are not under the
control of and are not maintained by Royal Media Network Inc.. Royal
Media Network Inc. is not responsible for the content of those sites.
Royal Media Network Inc. is providing these links to You only as a
convenience, and the inclusion of any link to such sites does not
imply endorsement by Royal Media Network Inc. of those sites. |
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| 6. Indemnification |
| You agree to indemnify and hold Royal Media Network Inc., and its
subsidiaries, affiliates, officers, agents, co-branders, or other
partners, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising
out of the use of the Website. |
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| 7. Disclaimer of Warranties |
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE IS
PROVIDED BY ROYAL MEDIA NETWORK INC. ON AN AS IS AND AS AVAILABLE
BASIS. UNLESS OTHERWISE EXPLICITLY STATED, THE CONTENT ON THIS WEBSITE
IS PROVIDED AS IS, WITH ALL FAULTS, AND IS FOR COMMERCIAL USE ONLY.
ROYAL MEDIA NETWORK INC. DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED
WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NONINFRINGEMENT. ROYAL MEDIA NETWORK INC. MAKES NO REPRESENTATIONS,
WARRANTIES, CONDITIONS OR GUARANTIES AS TO THE QUALITY, SUITABILITY,
TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE CONTENT CONTAINED
ON ROYAL MEDIA NETWORK INC.'S WEB SITES. ROYAL MEDIA NETWORK INC.
MAY MAKE AVAILABLE ON ROYAL MEDIA NETWORK INC.'S WEB SITES CONTENT
AVAILABLE FOR DOWNLOADING THAT HAS BEEN SUBMITTED BY THIRD-PARTY
USERS OF ROYAL MEDIA NETWORK INC.'S WEB SITES. ANY QUESTIONS REGARDING
THE CONTENT SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH CONTENT.
IN NO EVENT WILL ROYAL MEDIA NETWORK INC. OR ITS SUPPLIERS BE LIABLE
FOR THE ACCURACY OR COMPLETENESS OF THE CONTENT OR INFORMATION FROM
ROYAL MEDIA NETWORK INC. WEB SITES.
ROYAL MEDIA NETWORK INC. MAKES NO WARRANTY OR CONDITION THAT: (i)
THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE
OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE
WILL MEET YOUR EXPECTATIONS, OR THAT (v) ANY ERRORS IN THE WEBSITE
SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, INCLUDING
ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM ROYAL MEDIA NETWORK INC. OR THROUGH OR FROM THE WEBSITE WILL
CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE TERMS.
ROYAL MEDIA NETWORK INC.'S EMPLOYEES ARE NOT AUTHORIZED TO VARY
THESE TERMS.
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| 8. Limitation of Liability |
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, ROYAL MEDIA NETWORK
INC. IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ELECTRONICALLY
TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE (EVEN IF ROYAL MEDIA
NETWORK INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER
IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE)
OR OTHERWISE, ARISING OUT OF OR RELATED TO: (i) THE USE OF OR THE
INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICES, INCLUDING CONTENT YOU MAY DOWNLOAD, USE,
MODIFY OR DISTRIBUTE FROM ROYAL MEDIA NETWORK INC.'S WEB SITE.
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF
DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND WILL
NOT MAKE A CLAIM AGAINST ROYAL MEDIA NETWORK INC. FOR LOST DATA, RE-RUN
TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM
THE USE OF THE CONTENT.
YOU AGREE TO HOLD ROYAL MEDIA NETWORK INC. HARMLESS FROM, AND YOU
COVENANT NOT TO SUE ROYAL MEDIA NETWORK INC. FOR, ANY CLAIMS BASED
ON USING THE WEBSITE, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH),
TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. Some jurisdictions do not
allow the exclusion or limitation of incidental or consequential damages,
so the above limitation or exclusion may not apply to You. |
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| 9. Privacy Policy |
| Royal Media Network Inc. respects Your desire for privacy. Royal
Media Network Inc.'s Privacy Policy can be found at http://adultdvdserotica.com/legal/privacy_policy/.
By using the Website, You are consenting to the processing of Your
data by Royal Media Network Inc. and consenting to the terms of our
Privacy Policy. If we decide to change that policy, we will post the
revised policy on our Website. |
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| 10. Site Security |
| You are prohibited from violating or attempting to violate the security
of the Website, including, without limitation, (a) accessing data
not intended for such user or logging onto a server or an account
which You are not authorized to access; (b) attempting to probe, scan
or test the vulnerability of a system or network or to breach security
or authentication measures without proper authorization; (c) attempting
to interfere with service to any user, host or network, including,
without limitation, via means of submitting a virus to the Website,
overloading, flooding, spamming, mailbombing or crashing; (d) sending
unsolicited email, including promotions and/or advertising of products
or services; or (e) forging any TCP/IP packet header or any part of
the header information in any email or newsgroup posting. Violations
of system or network security may result in civil or criminal liability.
Royal Media Network Inc. will investigate occurrences that may involve
such violations and may involve, and cooperate with, law enforcement
authorities in prosecuting users who are involved in such violations.
You agree not to use any device, software or routine to interfere
or attempt to interfere with the proper working of this Website or
any activity being conducted on this Website. You agree, further,
not to use or attempt to use any engine, software, tool, agent or
other device or mechanism (including without limitation browsers,
spiders, robots, avatars or intelligent agents) to navigate or search
this Website other than the search engine and search agents available
from Royal Media Network Inc. on this Website and other than generally
available third party web browsers (e.g., Netscape Navigator, Microsoft
Explorer). |
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| 11. Termination of Use |
| Royal Media Network Inc., in its sole discretion, may terminate
Your password, Your account, Your use of any of the on-line resources
available on the Website, and remove and discard any Content on the
Website, for any reason, including, without limitation, for lack of
use or if Royal Media Network Inc. believes that You have violated
or acted inconsistently with the letter or spirit of the Terms. Any
termination of Your access to the Website under any provision of the
Terms may be effected without prior notice, and Royal Media Network
Inc. may immediately de-activate or delete Your account and all related
information and files in Your account and/or bar any further access
to such files or to the Website. Further, Royal Media Network Inc.
will not be liable to You or any third-party for any termination or
suspension of Your Account or Your access to the Website. |
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| 12. General Information |
The Terms constitute the entire agreement between You and Royal
Media Network Inc. and govern Your use of the Website, superseding
any prior agreements between You and Royal Media Network Inc. (including,
but not limited to, any prior versions of the Terms). You also may
be subject to additional terms and conditions that may apply when
You use other Royal Media Network Inc. services, third-party content
or third-party software. You must not assign or otherwise transfer
neither the Terms nor any right granted hereunder. Any breach of the
Terms will result in irreparable harm to Royal Media Network Inc.
for which damages would be an inadequate remedy and, therefore, in
addition to its rights and remedies otherwise available at law, Royal
Media Network Inc. will be entitled to equitable relief, including
both a preliminary and permanent injunction, if such a breach occurs.
You waive any requirement for the posting of a bond or other security
if Royal Media Network Inc. seeks such an injunction. Hawaii law and
controlling U.S. federal law govern any action related to the Terms.
No choice of law rules of any jurisdiction apply. You and Royal Media
Network Inc. agree to submit to the personal and exclusive jurisdiction
of the courts located within the county of Baltimore, Maryland.
Royal Media Network Inc. controls and operates this Website from its
headquarters in Baltimore, Maryland, United States of America, and
makes no representation that this Content is appropriate or available
for use in other locations. If You use this Website from other locations,
You are responsible for compliance with applicable local laws including
but not limited to the export and import regulations of other countries.
The U.S. export control laws regulate the export and reexport of technology
originating in the United States. This includes the electronic transmission
of information and software to foreign countries and to certain foreign
nationals. You agree to abide by these laws and their regulations
-- including but not limited to the Export Administration Act and
the Arms Export Control Act and not to transfer, by electronic transmission
or otherwise, any Content derived from the Website to either a foreign
national or a foreign destination in violation of such laws. This
Website could include inaccuracies or typographical errors. Royal
Media Network Inc. and the Third Party Providers may make improvements
and/or changes in the products, services, programs, and prices described
in this Website at any time without notice. Changes are periodically
made to the Website. Royal Media Network Inc. may amend these Terms
at any time by posting the amended terms on this Website.
The failure of Royal Media Network Inc. to exercise or enforce any
right or provision of the Terms does not constitute a waiver of such
right or provision. If a court of competent jurisdiction finds any
provision of the Terms to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of the Terms
remain in full force and effect. Regardless of any statute or law
to the contrary, any claim or cause of action arising out of or related
to use of the Services or the Terms must be filed within one (1) year
after such claim or cause of action arose or be forever barred. The
section titles in the Terms are for convenience only and have no legal
or contractual effect.
These Terms represent the entire understanding relating to the use
of the Website and prevail over any prior or contemporaneous, conflicting,
or additional, communications. |
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