Terms of Use Agreement

  • THP Internet Resources Ltd.
  • Business Registration # HE 196417
  • 17 Marios Street/li>
  • 8820 Polis Chrysochous
  • Paphos, Cyprus
  • support@theeroticreview.com
  1. Eligibility
  2. Adult Materials of a Sexual Nature
  3. Children
  4. Responsible conduct
  5. Description of Subscription Services
  6. Billing
  7. Automatic Recurring Billing
  8. Subscriber Services
  9. Refund Policy
  10. Cancellation & Recurring Charges
  11. Cardholder Disputes
  12. Contributions
  13. Limited License
  14. Company’s Intellectual Property Rights
  15. Good Samaritan Third-Party Content Policy & Complaint Procedures
  16. Copyright Policy
  17. Prohibited Countries
  18. User Representations and Warranties – General
  19. User Representations and Warranties -- Contributions
  20. Assignment of Contributions
  21. Removal Right
  22. Prohibited Activities
  23. Passwords
  24. Company’s Right to Manage TER and Terminate Users
  25. Term
  26. Non-commercial Use by Users
  27. Disclaimers
  28. Inappropriate Use of Chat or Public Areas Use of Proprietary Materials
  29. Communications in Chat Room or Public Areas Not Private
  30. Limitation on Liability
  31. Indemnity
  32. Modifications/Termination
  33. Disputes Between Users
  34. Disputes with Company
  35. Email Communications from Company
  36. Personal Information
  37. Permission or Consent
  38. Other

This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “your”) and Treehouse Park, S.A., together with its parent entities, subsidiary entities, owners, shareholders, affiliates and members (collectively, “Company,” and sometimes “we,” “our,” or “us”), concerning your access to and use of the The Erotic Review (theeroticreview.com) website (“TER”) and THP Internet Resources LTD (“THP Internet Resources”), which operates TER, together with their parent entities, subsidiary entities, owners, shareholders, affiliates and members (collectively, “Company,” and sometimes “we,” “our,” or “us”), concerning your access to and use of TER. By clicking the “I AGREE” icon below you are manifesting your approval and agree to be bound by the terms of this Agreement. Among other things, Company allows, or may in the future allow, you and other users of TER (“Users”) to access TER to read and submit reviews, to read and enjoy materials posted by Company and its Users (including text, video conference or chat content, software, information, data, databases, music, audio, video or audiovisual files, photographs, images, scans, documents, digital files, or other materials), to participate in our discussion boards, to “chat” with other Users and to send private emails to other Users (collectively, the “Services”). Some of the Services are provided free of charge, especially to those Users who take the time to write reviews which they submit to TER. However, TER does provide a low payment option to help keep TER on line. (But in order to maintain its integrity, TER does not accept advertising dollars from the ladies or their agencies.) In a further effort to cover TER’s costs, Company may provide a limited number of advertising slots for businesses whose interests do not conflict with TER’s. TER reserves the right to charge all Users fees for the Services upon notice.

  1. Eligibility. By approving this Agreement or by continuing to access TER or use the Services, under penalty of perjury, you solemnly affirm, represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older (and of the age of majority under the laws of the place from which you are accessing TER); (d) your use of the Services does not violate any applicable law or regulation; (e) you do not find sexual or adult oriented material about erotic private dancers, escorts, massage experts, strippers, sensual adult entertainers or any other adult oriented material to be offensive or objectionable; (f) you understand the laws and standards of your community; and (g) you are solely responsible for your own actions.
  2. Adult Materials of a Sexual Nature. You hereby warrant and represent to Company that:
    1. You understand and acknowledge that the Content (as defined at Section 12 of this Agreement) presented at, and/or downloadable from, TER includes visual, audio and/or textual depictions of nudity and sexual activities of an explicit sexual nature;
    2. You are familiar with Content of this kind;
    3. You are not offended by such Content;
    4. You are intentionally and knowingly seeking access to such explicit sexual Content for your own personal enjoyment and use;
    5. You understand and acknowledge that Company provides postings, advertisements and links to individuals who are independent contractors and who have no affiliation with Company;
    6. You understand and acknowledge that Company does not provide access to individuals who (or sites which) engage or promote illegal sexual activities, the exploitation of minors or human trafficking, nor does it condone the same. Any violations of this declaration should be brought to our attention immediately;
    7. Bookmarking to a page on TER whereby this Agreement is bypassed shall constitute an implicit acceptance of the terms set forth in this Agreement;
    8. Your acceptance of this Agreement constitutes an unequivocal request on your part to receive sexually explicit Content from TER and that you have not notified any governmental agency that you do not wish to receive sexually oriented material;
    9. You understand and acknowledge that when using TER you may be exposed to User Contributions (as defined at Section 12 of this Agreement) from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Contributions; and
    10. You understand and acknowledge that you may be exposed to Content that may be considered by some to be inaccurate, offensive, pornographic, indecent, or objectionable in some manner and that you do not object to seeing any such Content.
  3. Children. TER is a website exclusively aimed at an adult audience and is not intended for children. We do not knowingly allow children to access TER or to read or view anything maintained on the website. We ask parents, legal guardians and responsible adults to assist us by supervising the activities of children to be certain that they are not given access to this site. TER has always had a ZERO TOLERANCE POLICY relating to any illegal content, and in particular, any content that constitutes or promotes child pornography, the exploitation of minors or human trafficking. TER will not condone such content and will cooperate with all governmental agencies that seek to criminally prosecute those who harm or exploit children in any way, or who engage in any form of human trafficking.
  4. Responsible conduct. You agree to act responsibly at TER and to treat other Users with respect and dignity.
  5. Description of Subscription Services. Users that choose to subscribe to TER enjoy the benefits of all that TER has to offer. Along with the Services, subscribers also enjoy the following additional benefits (collectively, “Subscription Services”) and more: unrestricted rights to read an entire review, and not just a teaser, and get to read explicit information about the ladies and the services they offer, explicit details of past encounters by other Users, have greatly enhanced search capabilities for the site (including the ability to find other providers using the same phone number), and unlike regular users, can chat with women around the country in TER’s Video Chat Rooms. Subscribers are also able to view Provider Rankings by city or by service provided, can quickly search all of the reviews submitted by other Users and can keep track of their favorite providers by adding them to their “Personal Favorites List.” Another benefit of subscribing to TER is that we send subscribers copies of new reviews about their favorite ladies so that the subscriber need not search for updated reviews. Subscribers also have the ability to email other Subscribers if they want to know more about someone's review or have questions about a provider. TER periodically changes the services it offers, and it reserves the right to change Subscription Services.
  6. Billing. Subscriptions to TER will be processed by THP Internet Resources or by such Third Party credit card processors (Such as CCBill or SegPay) with which THP Internet Resources may contract. Questions concerning your membership or billing may be sent to support@theeroticreview.com, or directed to the credit card processor identified on your credit card statements.
    1. You hereby authorize us or our successors, designated agents and assignees to charge Your credit card (or other approved payment methods and facilities) for any and all Services provided to You by us. You expressly agree that the authorization to charge Your credit card herein is extended to authorize any of our processing agents, successors in interest or any licensees of us to charge Your credit card for access to the Website in accordance with these Terms and Conditions during the period that any such party processes for us.
    2. You further agree You must promptly inform us of any and all the following: loss or theft of the credit card used to pay for access to the Website; changes in the expiration date of the credit card; changes in home or billing address; apparent breaches of security regarding Your access and usage, such as loss, theft, unauthorized disclosure or use of an ID or password; and all other changes pertaining to Your credit card account used to pay for services pursuant to this Agreement which may affect our ability to obtain payments due us. You agree that You will remain liable for any unauthorized access or use of the Website or any of its services associated with Your access fees, until You have notified our Customer Service representative or department, whose current contact points are provided under the “Support” section of the Website.
    3. You hereby agree that any fraudulent reporting of a lost or stolen credit card used to obtain goods or services from the Website or any fraudulent reporting of an unauthorized charge to the Website on Your credit card which has been made by You or anyone under Your authority, at a time when a charge or other obligation for payment for goods and/or services to the Website remains outstanding at the time of such fraudulent reporting, You shall be liable to us for liquidated damages of $25,000.00. The liability for liquidated damages specified in this Paragraph shall not limit any other liability You may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement.
  7. Automatic Recurring Billing If You have elected Automatic Recurring Billing, Monthly Subscription fees will be automatically renewed at or after the end of the original term selected, for a similar period of time and for the then prevailing Subscription fee, unless notice of cancellation is received by Company from the Subscriber. If the recurring subscription is not cancelled before the end of 24 hours, on the 2nd day, you will be charged the full recurring monthly amount until cancelled. Unless and until this agreement is cancelled in accordance with the terms hereof, Subscriber hereby authorizes TER or THP Internet Resources to charge Subscriber's chosen payment method to pay for the renewal of Subscriber’s subscription. Please note that the quarterly or annual subscription is a one time charge and does not recur. In the event of an unsuccessful recurring payment, an administration fee of up to $2.00 may be applied in order to keep a subscription temporarily active until the full subscription fee can be processed successfully.
  8. Subscriber Services. Problems, complaints or compliments should be directed to support@theeroticerview.com. Company will attempt to respond within Two Business Days.
  9. Refund Policy. Refunds for Subscription purchases may be requested by contacting customer support (support@theeroticerview.com). Refunds or credits will not be issued for the remaining term of a monthly Subscription, or for less than a month remaining on a Quarterly or Annual Subscription. The decision to refund a charge does not imply any obligation to issue additional future refunds. THP Internet Resources reserves the right to grant a refund or a credit applicable to subscriptions to TER at its discretion. Should a refund be issued by THP Internet Resources for any reason, it will be credited solely to the payment method used in the original transaction, and only after any payment has been finally paid and received by company. THP Internet Resources will not issue refunds by cash, check, or wire transfer, and will not refund monies to anyone other than the original Subscriber. Cancellation for all future recurring billing may be requested in accordance with Section 10 - Cancellation & Recurring Charges. You further acknowledge and agree that You will remain liable to us for any unauthorized use of the Website associated with Your access or usage of the Materials after the termination of this Agreement.
  10. Cancellation & Recurring Charges. At any time, and without cause, subscriptions to TER may be terminated by either Company or the Subscriber upon notification of the other by electronic or conventional mail, by chat, or by telephone. Subscribers are liable for charges incurred until the date of the termination. In order to cancel a subscription or to cancel recurring charges Subscribers may contact THP Internet Resources at support@theeroticerview.com or use the online cancellation form found here.
  11. Cardholder Disputes. All credit card holder disputes and potential “chargebacks” are thoroughly investigated by THP Internet Resources. If THP Internet Resources concludes that a Subscriber has acted unfairly or has been dishonest, THP Internet Resources reserves the right to cancel the Subscriber’s subscription and to decline to allow Subscriber to re-subscribe to TER. Before complaining to your credit card issuer, THP Internet Resources suggests that you contact us at support@theeroticerview.com so that we may attempt to resolve any problem you may have with TER.
  12. Contributions. Among other contributions, Company allows, or in the future may allow, the submission of text, postings, reviews, video conference or chat content, software, information, data, databases, email, music, audio, video or audiovisual files, photographs, images, scans, documents, digital files or other materials contributed by you to TER (each a “Contribution” or “Contributions”). You understand that whether or not any Contribution is published, made available for viewing on TER or used by Company in a manner for which provision is made in this Agreement, Company does not guarantee any confidentiality with respect to any Contributions.
    1. Unless express written permission is granted to a User by Company, Company allows Users a limited license to link to Content on TER (which may include your Contributions) for personal, non-commercial purposes only. Company may, in its sole discretion, provide permission to a User to link to Content for commercial purposes. Company reserves the right to terminate any such license, or to discontinue direct links or any other aspect of TER at any time and for any reason;
    2. You shall be solely responsible for any and all of your Contributions and the consequences of Posting (as defined at Section 19, below);
    3. Company does not endorse any Contribution or any individual, opinion, recommendation, product, service, or advice expressed or depicted therein, and Company expressly disclaims any and all liability in connection with Contributions;
    4. Company reserves the right (but without any obligation) to remove Contributions (and other Content) without prior notice or delay, for any reason whatsoever (by way of example only, obscene or defamatory material, or material that violates Company’s copyright policies), or for no reason at all. While content some may consider pornographic and adult is accepted, Company also reserves the right to decide, in its sole discretion, whether a Contribution is appropriate, complies with this Agreement or complies with Company’s policies (whether in writing or not);
    5. You understand and acknowledge that when using TER, you will be exposed to Contributions from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Contributions. You further understand and acknowledge that you may be exposed to Contributions that some may consider 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 Company with respect thereto, and, as set forth in Section 31 of this Agreement, you agree to defend, indemnify and hold Company harmless to the fullest extent allowed by law regarding all matters related to your Contributions and your use of the Services, as set forth in this Agreement;
    6. Company provides TER as a service to its Users. However, Company assumes no responsibility whatsoever for monitoring the Services for inappropriate Contributions or Content. If at any time Company chooses, in its sole discretion, to monitor the Services, however, Company assumes no responsibility for the Contributions or Content, no obligation to modify or remove any inappropriate Contributions or Content, and no responsibility for the conduct of any User submitting any such Contributions.
  13. Limited License Original material which TER posts on this site is protected by intellectual property laws. Company hereby grants you a non-exclusive license to use the Services (including Contributions by Users or other third parties) (collectively, “Content”), excluding any areas that may be reserved for private communications, but only while accessing TER. You are also granted a limited license to print copies of any Content posted at TER, but only for your personal use (and not for any commercial use). Except as expressly provided above, all rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing Content on TER, electronic reproduction, adaptation, distribution or display is prohibited. Commercial use of any of the Content is strictly prohibited unless you first obtain Company’s express written permission. Use of any of Company’s trademarks as metatags on other websites, without Company’s express permission, also is strictly prohibited. You may not display TER in frames (or any of the Content via in-line links) without our express written permission. Written permission by Company may be requested in the manner described at Section 36, below.
  14. Company’s Intellectual Property Rights. The Content on TER, including without limitation, all of TER’s Reviews, and the trademarks, service marks and logos contained on TER (“Marks”), are owned by or licensed to Company, subject to copyright and other intellectual property rights under the laws of the United States, other countries, or, international conventions. The Content on TER 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 purpose whatsoever without the prior written consent of Company (which may be requested in the manner set forth at Section 36, below), or, the respective owners of content on TER. Company reserves all rights in and to everything on TER (including the Content) not expressly granted by this Agreement. 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 circumvent, disable or otherwise interfere with security related features of TER or features that prevent or restrict use or copying of any Content or enforce limitations on use of TER or the Content therein.
  15. Good Samaritan Third-Party Content Policy & Complaint Procedures.
    1. Policy. It is Company’s policy not to tolerate any acts of intellectual property infringement or violations of United States or other laws, or international conventions. It is also Company’s strict policy not to allow any Contribution to be Posted on TER that contains or promotes, as appropriate, child pornography, child exploitation, human trafficking, obscene or defamatory content. Company will do its best, in good faith, to remove, disable or restrict access to or the availability of any Contribution that, in Company’s subjective view, is infringing, racist, obscene, obscene as to minors, child pornography, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, or which promotes the exploitation of children or human trafficking. The provisions of this Section 15(a) are intended to implement this policy but are not intended to impose a contractual obligation on us to undertake, or to compel us to refrain from undertaking, any particular course of conduct;
    2. Complaint Procedures. If you believe that someone has posted a Contribution which violates this policy (other than in cases of copyright infringement, which is addressed in Section 16), Company asks you to promptly notify it by email at the following address: Support@theeroticreview.com. You must use this address if you want to ensure that your complaint is actually received by the appropriate person charged with investigating alleged policy violations.
    3. In order to allow us to respond effectively, please provide us with as much detail as possible, including: (1) the nature of the right infringed or violated; (2) all facts which lead you to believe that a right has been violated or infringed; (3) the precise location (on TER) where the offending Contribution is located; (4) any grounds to believe that the person who Posted the Contribution was not authorized to do so or did not have a valid defense (including the defense of fair use); and (5) if known, the identity of the person or persons who posted the infringing or offending Contribution.
  16. Copyright Policy. As noted above, Company strongly supports copyright laws and believes that the rights of copyright owners should be protected. Company will terminate the account and access rights of any repeat copyright infringer. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any Contribution or content on TER infringes upon your copyright, you may submit a notification to the Company at support@theeroticreview.com.
  17. Prohibited Countries. TER may not be accessed from prohibited countries. All of the following countries constitute Prohibited Countries from which no part of TER may be accessed, viewed, downloaded or otherwise received, and from which Contributions may not be posted, linked, uploaded or contributed:
    1. Afghanistan, Democratic People's Republic of Korea (North Korea), Indonesia, Iran, Iraq, Japan, Jordan, Kuwait, Libya, Pakistan, the People’s Republic of China, Philippines, Republic of China (Taiwan), Saudi Arabia, South Korea, Syria, the United Arab Emirates, Vietnam; and
    2. All parts of every other country, subdivision of a country or jurisdiction corresponding to a political entity or part thereof in which the access, viewing, downloading, dissemination of, or other use of the materials contained on TER would constitute a violation of any law, statute, regulation, rule or custom, including the contemporary community standards of that jurisdiction with respect to the viewing, accessing or other use by adults of materials which consist of graphic, sexually explicit content.
  18. User Representations and Warranties – General. Your use of TER and your access to its Services is expressly conditioned on the following representations and warranties. By accepting this Agreement, or by continuing to use TER or accessing its Services, you irrevocably represent and warrant to Company that:
    1. You understand and acknowledge that Company is not responsible for, nor can it control, the use by others of any information which you provide to them through TER, or otherwise, and that you have been advised that you should use caution in selecting the personal information you provide to others through TER;
    2. You understand and acknowledge that Company does not guarantee or vouch for the accuracy or truthfulness of any Content of any kind which has been Posted to TER, including without limitation, all advertisements and Contributions, and that consequently you release Company from any and all liability and responsibility in connection with verifying, the accuracy of Content of any kind, whether or not provided by Company or other Users of TER;
    3. You understand and acknowledge that Company does not screen, endorse, monitor, control, investigate, supervise or verify any Content, advertisements or communications submitted to TER by third-party licensees or Users for electronic dissemination through TER. You are therefore cautioned and advised to use your own judgment to evaluate all Content, advertisements and other communications available at or through the use of TER prior to responding to any communication you received or viewed at or through TER.
  19. User Representations and Warranties -- Contributions. You are entirely responsible for the content of, and any harm resulting from, a Contribution made by you. You agree not to link to, or post on TER, any reviews, video conference or chat content, software, information, data, databases, music, audio, video or audiovisual files, photographs, images, documents, text, digital files or other material which violates or infringes anyone’s intellectual property rights (including copyrights, trademarks, trade secrets, patents or publicity rights) or which violates the laws of the United States, the laws of the place from which you access TER, other laws or international conventions, or, which is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. When you create or make available a Contribution, you thereby represent and warrant that:
    1. You own all rights to each Contribution, and that the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution(s) does not and will not infringe the rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    2. You will not submit, transmit, email, post, upload or publish (collectively, “Post”) any material that depicts any person under the age of 18 years (or under the age of majority under the laws of the place from which you access TER) (a “Minor”), any material that otherwise exploits children or material which promotes human trafficking;
    3. You have inspected and are maintaining written documentation sufficient to confirm that all subjects of your Contributions are, in fact, over the age of 18 years (and not Minors);
    4. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by Company and this Agreement;
    5. You have fully complied with any third-party licenses relating to your Contribution, and have done all things necessary to successfully pass through to Company, Users, readers or viewers any required terms;
    6. Your Contribution does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;
    7. Your Contribution does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on Company’s or others computers, telephones, tablet computers or equipment of any kind, designed to enable you or others to gather information about or monitor the online or other activities of another party;
    8. Your Contribution is not illegal, obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable, libelous or slanderous, does not incite, encourage or threaten immediate physical harm against another, does not depict violence against women or children, does not exploit Minors, does not promote or assist with human trafficking, does not violate any applicable law, regulation, or rule, does not violate the privacy or publicity rights of any third party and does not advocate the violent overthrow of the government of the United States or of any other government;
    9. Your Contribution does not contain falsehoods or misrepresentations that could damage Company or any third party;
    10. (a) Your Contribution does not include the impersonation of another person;
    11. You shall not Post advertisements or solicitations of business, except as may be allowed under this Agreement or guidelines published by Company;
    12. Your Contribution does not:
      1. contain material that relates to, refers to or depicts a Minor;
      2. exploit a Minor, whether in a sexual or violent manner, or otherwise;
      3. violate any law concerning child pornography or which is otherwise intended to protect the health or wellbeing of Minors; and
      4. promote or assist with human trafficking.
    13. Your Contribution does not violate any law designed to regulate electronic advertising;
    14. Your Contribution does not amount to trolling, or the making of controversial statements for the sole purpose of generating responses by others;
    15. Your Contribution does not inundate TER with communications or other traffic suggesting no serious intent to use TER for its stated purposes;
    16. Your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation; and
    17. Your Contribution does not contain pictures, data, audio or visual files, or any other material that violates this Agreement, Company’s policies regarding the type of material contributed or is excessive in size, as determined by Company in its sole discretion.
  20. Assignment of Contributions. By Posting a Contribution to TER, you grant Company complete ownership of that Contribution, which Company may use as it determines.
  21. Removal Right. You expressly agree that as the owner of each Contribution, Company has the right, at its sole discretion, to refuse to publish, to remove, to disable, or to block access to any Contribution that is or was available on TER at any time (including, but not limited to, any Contribution which you have Posted), for any reason, or for no reason at all, with or without notice, and similarly, that Company may republish, replace, re-enable or restore access to a Contribution at any time, for any reason, or for no reason at all, with or without notice. Posting any Contribution at TER is a privilege, not a right. Under no circumstances may Company be held liable for removing, disabling or restricting access to or the availability of any Contribution(s).
  22. Prohibited Activities. You may not access or use TER for any purpose other than that for which Company makes it available. Certain activities, even if legal, may violate the common rules of conduct or etiquette governing Contributions, as determined by Company in Company’s sole discretion, and as such are prohibited. Prohibited activity includes, but is not limited to:
    1. Criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
    2. Transmitting chain letters or junk email to other Users;
    3. Using any information obtained from TER in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent;
    4. Engaging in any automated use of the system, such as using scripts to send comments or messages;
    5. Interfering with, disrupting, or creating an undue burden on TER or the networks or services connected to TER;
    6. Attempting to impersonate another User or person;
    7. Using the username of another User;
    8. Selling or otherwise transferring your User profile;
    9. Harassing, bullying, abusing or harming another person, or, using any information obtained from TER in order to harass, bully, abuse or harm another person;
    10. Displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through TER on behalf of that person, unless in conformance with Company's express policies regarding postings made with a commercial purpose. Without limiting the previous sentence, Users shall not exchange anything of value for the promise of a favorable review or comment being Posted on TER; and
    11. Using TER in a manner inconsistent with any and all applicable laws and regulations.
  23. Passwords. When you create an account on TER you will be asked to supply a password. You must keep your password confidential, as you are responsible for all use of your password and account. In order to increase security, TER encourages you to periodically change your password.
  24. Company’s Right to Manage TER and Terminate Users.
    1. Company Website Management. Company reserves the right but does not have the obligation to: (i) monitor TER for violations of this Agreement; (ii) take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including without limitation, reporting violators to law enforcement authorities; (iii) in Company’s sole discretion and without limitation, notice or liability, to remove from TER or otherwise disable all files and Content that are excessive in size or are in any way burdensome to Company’s systems; (iv) terminate the accounts of repeat violators of this Agreement or of any of TER’s policies (including its copyright policies); and (v) to otherwise manage TER in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of TER; and
    2. Company’s Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF TER TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
  25. Term. This Agreement shall remain in full force and effect while you access TER, are a User or use the Services. You may terminate your use or participation at any time, for any reason, by following the instructions at Section 32. Company may terminate your use or participation at any time, without warning. Even after your use and participation is terminated or otherwise comes to an end this Agreement will remain in effect.
  26. Non-commercial Use by Users. TER and its Services are for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically approved by Company in writing. You shall not do any of the following without the express written consent of Company:
    1. make any unauthorized use of the Services, including copying or collecting Content or Contributions;
    2. engage in unauthorized framing of or linking to TER.
  27. Disclaimers. Owing to the thousands of weekly Postings, and in order to maintain a vibrant community on TER, Company does not and cannot control the nature of the Content available on TER. By operating TER, Company does not represent or imply that Company endorses any Contribution or other Content available on or linked to by TER, including without limitation content hosted on third party websites, or that Company believes Contributions or other Content to be accurate, useful or non-harmful.
    1. You understand and acknowledge that Company cannot ensure, nor does it make any representations or warranties regarding, the security or privacy of Contributions that you voluntarily provide through the Internet, by your email messages, text or other electronic or digital communication (however transmitted, received or delivered) and that you release Company from any and all liability in connection with the use or misuse of such information by other parties even if a claim should arise after your subscription has been terminated or ended, or, after you stop accessing TER or using its Services;
    2. YOU AGREE THAT YOUR USE OF TER WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OWNERS, MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH TER AND YOUR USE THEREOF, AND THAT CONSEQUENTLY YOU RELEASE COMPANY FROM ANY AND ALL LIABILITY AND RESPONSIBILITY IN CONNECTION WITH THE CONTENT OF ANY INFORMATION, MESSAGES, COMMUNICATION OR OTHER MATERIALS YOU MAY VIEW OR RECEIVE FROM OTHER USERS OF TER;
    3. WITHOUT IN ANY WAY LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF TER’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO TER AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF TER, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF COMPANY’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM TER, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH TER BY ANY THIRD PARTY, AND/OR (vi) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA TER;
    4. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH TER, ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY 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;
    5. Some of the Content of TER might be accessed by you via hyperlinks which will connect you to third-parties, or to third-party websites that may provide content to TER. You understand and acknowledge that Company has no editorial control or supervision over selection or display of the content provided by those third parties or those third-party websites and those parties are solely responsible and liable for that content;
    6. Company acts only as a forum and technical interface between Users and does not itself verify the qualifications of Users, nor does it evaluate, control or monitor in any ongoing manner exchanges between Users. Users must use their own judgment in evaluating the qualifications of and statements made by other Users. Any opinions expressed by a User (including Discussion Board Moderators) are those of the User alone, and are not to be attributed to Company. Company cannot and does not assume responsibility for the accuracy, completeness, safety, timeliness, legality or applicability of any Contribution or anything else that may be said, written or posted by any User. There are risks of dealing with underage persons, or persons acting under false pretenses. Authentication on the Internet is difficult, and accordingly, while Company has a zero tolerance policy for Contributions, postings, reviews or messages by or concerning, or purporting to be by or concerning, anyone under the age of 18 (or who is otherwise a Minor) Company cannot confirm that each User is whom they claim to be, and therefore you hereby irrevocably release Company from any claims, causes of actions, losses or liability whatsoever arising out of or relating to the use of TER or its Services by anyone that violates this Agreement. You agree to exercise caution, discretion and common sense when using the Services; and
    7. These disclaimers of warranty constitute an essential part of the Agreement. Some jurisdictions do not allow exclusions of an implied warranty, so these disclaimers may not apply to you and you may have other legal rights that vary from state to state or by jurisdiction.
  28. Inappropriate Use of Chat or Public Areas Use of Proprietary Materials. Although Company does not assume the duty or obligation to monitor any messages, advertisements or other Contributions Posted to TER by third parties, including you, and is not responsible for any content of these Contributions, Company reserves the right, in its sole and absolute discretion, but is not obligated, to delete, move, or edit messages or Contributions, including without limitation advertisements and public postings, without notice, that Company, in its sole discretion, deems to violate this Agreement or any other policy of Company, as adopted from time to time by Company (whether or not published on TER), or to be otherwise unacceptable.
  29. Communications in Chat Room or Public Areas Not Private. You further understand and acknowledge that all messages or Contributions Posted by you or others on TER shall be deemed to be readily accessible to the general public and should not be considered private or confidential. Consequently, you should not use TER for any communication which you intend only you and the intended recipient(s) to read, see or hear. Notice is hereby given that all messages entered into TER can and may be read by Company, whether or not Company is the intended recipient.
  30. Limitation on Liability. IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’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 COMPANY FOR THE SERVICES DURING THE CURRENT TERM OF YOUR SUBSCRIPTION TO TER, NOT TO EXCEED ONE YEAR.
    1. You understand and acknowledge that Company shall not be held responsible in any way for the outcome of any contact or meeting, whether in person, by telephone or any other means, resulting from your use, directly or indirectly, of the Services. You further understand and acknowledge that Company does not screen any Users or advertisers on TER, has no control over their actions and makes no representations or warranties with respect to the character, veracity, age, health or any other attribute, including any person (or entity) who (which) is reviewed, who (which) Posts Contributions or who (which) places advertisements on TER. You also understand and acknowledge that Company does not endorse, encourage, recommend or arrange meetings among Users of TER, or any other persons, and bears no responsibility for any such meetings. You are advised to use common sense and take appropriate measures and precautions to insure your own personal safety and privacy in the event that you choose to communicate with, or meet with any person with whom you have communicated through the use of TER, or through Contributions or advertisements Posted on TER; and
    2. You understand and acknowledge that Company is not liable for damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any Content, data, advertisement or other communication at or through TER.
  31. Indemnity. You agree to defend (with counsel selected by Company), indemnify and hold Company, together with its respective affiliates, officers, agents, partners, members, owners and employees (collectively, “Indemnitees”), harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees and all costs, occasioned or made by any third party due to or arising out of your Contributions, use of the Services in violation of this Agreement, arising from a breach of this Agreement, any breach of any of your representations and warranties set forth in this Agreement or if any Contribution is the subject of any suit, cause of action, claim, action, or demand, whether or not an Indemnitee is found to be liable to another. This Section is to be interpreted in the broadest sense and to the maximum extent allowed by law to ensure that Indemnitees are defended, indemnified and held harmless.
  32. Modifications/Termination.
    1. Company’s employees and agents are not authorized to vary the terms of this Agreement. This Agreement may be modified only (1) by obtaining our written permission as set forth in Section 36, below; or (2) as set forth below in subpart (b); and
    2. Periodic Revisions. You agree that Company may modify the terms of this Agreement in its sole discretion, without advance notice, and that your right to access TER is conditioned on an ongoing basis with your compliance with the then-current version of this Agreement. We will post a notice on this page or elsewhere on TER following any revisions or modifications to this Agreement. You agree to review this page at least once every thirty (30) days. As a courtesy, and without any obligation to do so, we may also notify you by email at the address you have provided to us. Please register your current email address at Support@theeroticreview.com. You will be deemed to have agreed to the new Agreement if you continue to access TER after having been notified of a revision by email or, if you have not been notified by email, after the passage of thirty (30) days from the time the revised Agreement is first posted (whichever is sooner). If you change email accounts, it will be your responsibility to notify Company of a new valid email address in order to receive email notice, should we determine to send email notifications of any revision to this Agreement. Company assumes no responsibility for your failure to actually receive notice. It will be your responsibility to review this Agreement for possible modifications.
  33. Disputes Between Users. You are solely responsible for your conduct. Company reserves the right, but has no obligation, to monitor disputes between you and other Users.
  34. Disputes with Company. All disputes arising out of or in connection with this Agreement (including its formation, performance, alleged breach, enforceability and validity) or your access to or use of the Services, Content, Contributions and website, including without limitation your or others’ downloading or consumption of Content or other materials available by means of TER or third-party websites, your uploading Contributions to TER, or your purchasing of goods or services from third parties, shall be finally settled as follows:
    1. Under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with said Rules in effect on the date of commencement of the arbitration, and judgment on any award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof;
    2. In the event that the International Chamber of Commerce is unable or unwilling to oversee a dispute, then by arbitration administered by the Commercial Arbitration and Mediation Center for the Americas in accordance with its rules in effect on the date of commencement of the arbitration, and judgment on any award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof;
    3. Venue for any arbitration as provided for in this Agreement shall lie in Anguilla, British West Indies; Los Angeles, California, United States of America or in such other location as may be mutually agreeable to Company and you;
    4. YOU AND COMPANY HEREBY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY OR A TRIAL BEFORE A COURT, AND AGREE THAT ANY DISPUTE AMONG THEM SHALL BE FINALLY SETTLED BY BINDING ARBITRATION, AS SET FORTH IN THIS SECTION, AND HEREBY AGREE THAT THE ARBITRATOR(S), AND NOT ANY FEDERAL, STATE OR LOCAL COURT, JUDGE OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THIS AGREEMENT, EXCEPT THAT, NOTWITHSTANDING THE FOREGOING, COMPANY WILL HAVE THE RIGHT TO SEEK INJUNCTIVE RELIEF TO ENFORCE THIS AGREEMENT, ANY OTHER TERM, CONDITION OR POLICY OF COMPANY TO WHICH YOU HAVE AGREED, OR TO STOP OR PREVENT AN INFRINGEMENT OF PROPRIETARY OR OTHER RIGHTS OF COMPANY OR ANY THIRD-PARTY, AND BY SEEKING OR OBTAINING AN INJUNCTION, COMPANY SHALL NOT BE DEEMED TO HAVE WAIVED ITS RIGHT TO COMPEL ARBITRATION HEREUNDER;
    5. In the event of litigation or to compel arbitration or to enforce an arbitration award under this Section, or to obtain an injunction under this Section, you and Company hereby irrevocably consent and submit to the personal jurisdiction and venue of the Courts located in Los Angeles, California, United States of America; and
    6. This Agreement will be interpreted exclusively by California law, without reference to its choice of law provisions.
    IF YOU DO NOT WISH TO ACCEPT THE BINDING ARBITRATION PROVISIONS CONTAINED IN THIS SECTION YOU MUST NOTIFY COMPANY IN WRITING WITHIN 30 DAYS AFTER REGISTERING WITH COMPANY BY SENDING US AN EMAIL AT SUPPORT@THEEROTICREVIEW.COM; UPON RECEIPT OF YOUR EMAIL DECLINING TO SUBMIT TO BINDING ARBITRATION, YOUR TER SUBSCRIPTION WILL BE CANCELED AND YOU WILL NOT BE ABLE TO USE THE FEATURES OF TER RESERVED FOR SUBSCRIBERS (USERS WHO PAY A SUBSCRIPTION FEE FOR UNRESTRICTED ACCESS TO TER), AND ANY UNUSED PORTION OF YOUR SUBSCRIPTION TO TER WILL BE REFUNDED AFTER ANY PAYMENT HAS BEEN FINALLY PAID AND RECEIVED BY COMPANY. IF YOU ELECT TO CONTINUE ACCESSING THE NON-SUBSCRIBER AREAS OF TER AFTER GIVING COMPANY SUCH NOTICE, YOU AGREE TO ACCEPT ALL OF THE TERMS OF THIS AGREEMENT EXCEPT FOR THE BINDING ARBITRATION PROVISIONS CONTAINED IN THIS SECTION.
  35. Email Communications from Company. You hereby grant Company the right, from time to time, at its discretion to send you commercial, advertising or other emails at the email address you provided to Company. Furthermore, you grant Company the right to continue to send you such emails until you specifically notify Company that you wish us to stop sending you emails.
  36. Personal Information. You hereby acknowledge that in the event of a sale, merger, acquisition, dissolution or similar event of Company, Company may transfer certain information that personally identifies you (“Personal Information”). You may be notified via e-mail and/or a prominent notice on TER of any change in ownership, as well as any choices you may have regarding your Personal Information.
  37. Permission or Consent. Written permission or consent from Company may only be obtained by sending an email to Support@theeroticreview.com, with the topic “Permission Requested.” Written permission of Company is only valid if it is contained in a notarized writing signed by a Director of Company.
  38. Other. This Agreement, together with Company’s, Privacy Policy and Landing Page terms, conditions, policies and guidelines constitutes the entire agreement between you and Company regarding the use of the Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. If the terms of this Agreement conflict with any of Company’s other terms, conditions, guidelines or policies, the terms of this Agreement shall control.

    By registering on TER I constitute my electronic signature under the terms of either or both the Uniform Electronic Transactions Act (as adopted in California) or the United States’ Electronic Signatures in Global and National Commerce Act. I also understand and acknowledge that book marking to a page on TER that enables me to bypass these Conditions constitutes an implicit acceptance of the foregoing terms by me. I have read and fully understand the above agreement and certify under penalty of perjury that the foregoing is true and correct, and that this was executed on the date I registered with TER.

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