Terms & Conditions

Last updated November 10, 2006

Agreement to Terms

These are official terms and conditions (“Agreement”) and form a legally binding agreement between you and pureAphrodisiac LLC (“pureAphrodisiac”, “we”, “us”, or “our”) stating the terms that govern your use of the pureAphrodisiac Internet Website (the “Site”) located at http://www.pureAphrodisiac.com, and associated services, features, and functions currently made available by pureAphrodisiac, and as such associated services, features, and functions may be modified in the future (the “Service”). The term “Service” includes the term “Site” as well.

By using the Service, you understand and agree that you will abide by all terms in this Agreement. If you do not agree, do not use the Service.

This Agreement will remain in full force and effect as long as you are a user of the Service, even if your use of or participation in any particular service, feature, function or promotional activity terminates, expires, ceases, is suspended or deactivated for any reason.

The words “use” or “using” in this Agreement, mean any time an individual (a “user”), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Service, for any purpose whatsoever.

As long as you comply with this Agreement, pureAphrodisiac grants you a personal, non-commercial, non-exclusive, non-transferable, limited privilege to use the Service.

Territory

The Service is currently available only in the United States, and is not available in any other location. You agree not to use or attempt to use the Service from outside of the available territory, and that pureAphrodisiac may use technologies to verify your compliance. If your jurisdiction prohibits you from viewing the content made available on this Site, do not use this Service. This Agreement prohibits the use of this Service in any jurisdiction in which it is illegal to do so.

Age Requirements

Due to the adult nature of the content on this Site, access is available to adults aged 21 years or older. You certify that you are at least 21 years of age, and that you have the legal right to access adult-oriented materials and pureAphrodisiac has the legal right to transmit them to you. You also certify that you are requesting adult-oriented materials for your own private enjoyment and that you will never share these materials with anyone under 21 or in any way make these materials available to anyone under 21.

Adult Material

The Content on the Site has been rated as adult entertainment for mature audiences only. Viewer discretion is advised.

The content made available from the Site includes explicit visual, audio, and/or textual depictions of nudity and sexual activities, including without limitation, heterosexual activities of an explicitly sexual nature. By using the Service, you are intentionally seeking access to such explicit sexual materials for your personal viewing.

You understand that by using the Service, you may encounter content that you find to be offensive, indecent, or objectionable, which content may not be identified as having explicit nudity, sexual acts, and explicit language. Nevertheless, you agree to use the Service at your sole risk and that pureAphrodisiac shall have no liability to you for content that may be deemed offensive, indecent, or objectionable.

You certify that you are familiar with all local laws in your area affecting your legal right to access erotica or adult-oriented materials, and it is lawful for you to do so. This Agreement prohibits the use of this Service in any jurisdiction in which it is illegal to do so.

System Requirements

Use of the Service requires a computer with high-speed Internet access and the latest version of a popular SSL-enabled browser, including Firefox, Mozilla, Opera, or Internet Explorer. JavaScript must also be enabled, and cookies must be turned on. Such system requirements, which may be changed from time to time, are your responsibility.

Modifications

We reserve the right, at any time and from time to time, for any reason in our sole discretion, to update or modify this Agreement and, any additional terms, codes of conduct or guidelines, without prior notice. You are responsible for regularly reviewing this Agreement, and your continued use of the Service constitutes your agreement as to all such updated or modified terms.

pureAphrodisiac shall have the right to change, modify, remove, or not publish any materials of the Service including features, content, prices, security features, and billing methods at any time in its sole discretion without any liability or obligation to you, with or without notice. The materials on the Site with respect to products and services may be out of date, and pureAphrodisiac makes no commitment to update the materials on the Site with respect to such products and services. pureAphrodisiac is not responsible for the accuracy of third party information provided and posted on the Site or for typographic errors.

Some aspects of the Service entail the ongoing involvement of pureAphrodisiac. Accordingly, in the event that pureAphrodisiac changes any part of the Service or discontinues the Service, you acknowledge that you may no longer be able to use the Service to the same extent as prior to such change or discontinuation, and that pureAphrodisiac shall have no liability to you in such case.

In some cases, we will post or display notices of changes to the Service (or the terms thereof) in this Agreement, on our Site, or via email to you. These changes become effective immediately and if you use the Service after they become effective, it will signify your agreement to be bound by the changes.

Intellectual Property

Compliance with Law

Your use of the Site and Service is at all times subject to laws regarding copyright ownership and use of intellectual property generally. When using the Site and Service, you must obey the law and respect the intellectual property rights of others. For example, if you submit a short film to us, you must refrain from reproducing, uploading, posting, transmitting, displaying, performing, distributing or producing derivative works of any content, information or other materials owned by third parties (unless you are licensed to do so). You shall be solely responsible for any violations of third-party rights caused by your use of the site and service. The burden of proving that your use of the site or service does not violate any laws or third-party intellectual property or other proprietary rights rests solely with you.

Trademarks

“pureAphrodisiac,” the pureAphrodisiac logo and the pureAphrodisiac tagline, “short films to get you in the mood” (the “pureAphrodisiac Marks”) are trademarks or registered trademarks of pureAphrodisiac. Other trademarks, service marks, graphics, logos and domain names appearing on the Site may be the trademarks of third parties. Neither your use of the Site or Service nor this Agreement grant you any right, title or interest in or to, or any license to reproduce or otherwise use, the pureAphrodisiac Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the pureAphrodisiac Marks generated as a result of your use of the Site or Service will insure to the benefit of pureAphrodisiac, and you agree to assign, and hereby do assign, all such goodwill to pureAphrodisiac. You shall not at any time, nor shall you assist others to, challenge pureAphrodisiac’s right, title, or interest in or to, or the validity of, the pureAphrodisiac Marks.

Copyrighted Materials; Copyright Notice

All content, information and other materials, available through the Site and Service, including without limitation the pureAphrodisiac Marks and any other logos, design, text, graphics and other files, and the selection, arrangement and organization thereof, are the property of either pureAphrodisiac or its licensors and suppliers.  Except as explicitly provided in this Agreement, neither your use of the Site and Service nor this Agreement grant you any right, title or interest in or to any such materials. Copyright © 2006 to the present, pureAphrodisiac LLC.  All rights reserved.

Intellectual Property Policy

As pureAphrodisiac asks others to respect pureAphrodisiac’s intellectual property rights, pureAphrodisiac respects the intellectual property rights of others. If you believe content located on or linked to by the Site violates your intellectual property rights, you are encouraged to notify pureAphrodisiac in accordance with pureAphrodisiac’s Notice and Procedure for Making Claims of Copyright Infringement. pureAphrodisiac will respond to all notices that comply with the Notice and Procedure process. pureAphrodisiac has adopted a policy that provides for the suspension and/or termination of any end user who is found to have infringed on the rights of pureAphrodisiac or of a third party, or otherwise violated any intellectual property laws or regulations.

Membership, Passwords and Security

Certain features or services offered on or through the Site may require you to become a member. We reserve the right to make changes, limit or restrict those portions at any time and from time to time in our discretion, without notice to you.

You are entirely responsible for maintaining the confidentiality of your membership information, including your password and password hint, and for any and all activity that occurs under your membership. You should not reveal your membership information to anyone else or use anyone else’s membership. You agree to notify pureAphrodisiac immediately of any unauthorized use of your membership or password, or any other breach of security. Your account will be charged for all purchases made in your account, and you may be held liable for losses incurred by pureAphrodisiac or any other user of or visitor to the Site due to someone else using your email address, password or membership.

Please read our Privacy Policy, which describes the non-public, personally identifiable information (“Personal Information”) we collect, use, disclose, manage and store.

Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Your Information

You agree to provide accurate, current, and complete information required to register with the Service, make purchases, and at other points as may be required in the course of using the Service. You further agree to maintain and update your information as required to keep it accurate, current, and complete. pureAphrodisiac may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that pureAphrodisiac may store and use the information you provide for use in maintaining your accounts and billing fees to your credit card.

Streamed Content Distribution And License; Payment

Distribution and License of Streamed Content

pureAphrodisiac shall make streams of video, audiovisual and other content (“Streamed Content,” or “Streams”) available through the Site and Service for license by you. Each license that you purchase to Streamed Content shall entitle you to, as applicable, view and/or listen to such content once within the 30 day period beginning on the date of your purchase of such license (the “Distribution Period”). Subsequent to the Distribution Period, you shall have no rights in or to the Streamed Content, unless you purchase another license. For clarification, Streamed Content is licensed to you, and is not sold. You shall make no commercial, non-personal use of Streamed Content, and shall not, and shall not assist others to, download, reproduce, upload, post, transmit, display, perform, distribute, produce derivative works of or otherwise use Streamed Content other than as necessary to exercise your rights under this section. pureAphrodisiac may, in its sole discretion, extend the Distribution Period on its own initiative or upon request by you. Except as otherwise agreed in writing by pureAphrodisiac, you shall not, nor shall you assist others to, use or attempt to use the Service from outside the available territory, as specified in this Agreement.

Payment Terms

The pureAphrodisiac payment system requires users to pay via credit card (VISA and MasterCard). pureAphrodisiac also accepts pureAphrodisiac gift certificates as payment. If you choose to pay via credit card, you will be asked to provide your credit card information, and you may choose whether that information is saved for future purchases. If, in the future, you want to designate a different credit card or if there is a change in your credit card information, you must change your credit card information online at My Information.

If you use a credit card to make a purchase, pureAphrodisiac may obtain a pre-approval from the credit card company in the amount of $25.00. Your orders will consolidate until either $25.00 is the total amount of your consolidated purchases, or less than 48 hours has passed, at pureAphrodisiac’s discretion. Your credit card will be billed shortly thereafter for the actual purchase price. Your credit card will never be charged for an amount greater than what you explicitly purchase.

If a pureAphrodisiac Gift Certificate is redeemed to make purchase, the amount will be deducted from your Gift Certificate at the time of purchase. If the total amount of the purchase is greater than the amount available on your pureAphrodisiac Gift Certificate, your credit card will be charged to cover the balance.

Please note:

• We are unable to accept credit cards issued by banks outside of the United States.
• If a purchase has been declined online due to credit card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your purchase and should use another credit card.

Purchases made by you on the Service shall only be made with a valid credit card for which you have been authorized to incur charges. You will not impersonate someone else, or use a credit card or gift certificate belonging to someone else to transact business with pureAphrodisiac.

Prices and Sales Tax

pureAphrodisiac reserves the right to change prices for Streamed Content at any time without notice, and pureAphrodisiac does not provide price protection or refunds in the event of a price drop or promotional offering. In addition, pureAphrodisiac reserves the right to collect all applicable taxes in connection with any purchases or other fees assessed to you. All taxes will be charged to the credit card provided in connection with the purchase relating to such taxes.

Gift Certificate Purchases

Gift certificates may be redeemed for pureAphrodisiac purchases only and are non-refundable. Sales tax will not be charged when a gift certificate is purchased. Gift certificates may be purchased in designated amounts by contacting us.

Submitted Content And Royalties

Submitted Content

pureAphrodisiac invites you and others to submit video, audiovisual and other content for license to pureAphrodisiac’s end users through the Site and Service (“Submitted Content”). If we accept your Submitted Content, we will make it available to our end users for purchase via the Service.

License to pureAphrodisiac of Submitted Content

BY SUBMITTING YOUR SHORT FILM TO PUREAPHRODISIAC, YOU HEREBY GRANT TO PUREAPHRODISIAC, ITS LICENSEES, ASSIGNS AND SUCCESSORS IN INTEREST, A PERPETUAL, IRREVOCABLE, ROYALTY-BEARING, WORLDWIDE, ASSIGNABLE, TRANSFERABLE, NONEXCLUSIVE, SUBLICENSABLE LICENSE, IN ALL MEDIA NOW EXISTING OR HEREAFTER DEVISED, TO REPRODUCE, DISTRIBUTE, TRANSMIT, LICENSE, SUBLICENSE, OFFER FOR SALE, SELL, PUBLICLY DISPLAY AND PERFORM, EDIT, TRANSLATE, REFORMAT AND OTHERWISE USE ALL SUBMITTED CONTENT AND DERIVATIVE WORKS THEREOF IN CONNECTION WITH THE SITE, SERVICE AND ANY SIMILAR OR RELATED BUSINESS, INCLUDING WITHOUT LIMITATION IN ADVERTISING AND PROMOTIONS. FOR CLARIFICATION, THE LICENSE SET FORTH IN THIS PARAGRAPH INCLUDES THE RIGHT TO MAKE AVAILABLE ON A COMMERCIAL AND/OR PROMOTIONAL BASIS, TO END USERS AND OTHERS, SUBMITTED CONTENT, WHETHER IN WHOLE OR IN PART.

Other than as specifically set forth in the prior paragraph, this Agreement grants pureAphrodisiac no right, title, interest or license in or to Submitted Content.

Delivery to pureAphrodisiac of Submitted Content

You shall upload, transmit or otherwise provide to pureAphrodisiac all Submitted Content in accordance with the directions and procedure specified on the Site. pureAphrodisiac may, in its sole discretion, reject any Submitted Content for your failure to follow such directions and procedure or for the failure of Submitted Content to conform to any technical or other requirements of pureAphrodisiac or to any other provision of this Agreement. You are solely responsible for all costs relating to the preparation, uploading, transmission and provision to pureAphrodisiac of Submitted Content.

Information You Provide Concerning Submitted Content

You may be asked to provide information concerning your Submitted Content, including without limitation about yourself, the stars, the title, the length and/or any similar information. You understand and recognize that, regardless of whether Submitted Content is ultimately made available through the Site or Service, pureAphrodisiac does not guarantee the confidentiality of any information submitted in connection therewith.

Review of Submitted Content

Without limiting any other provision of this Agreement, pureAphrodisiac reserves the right to review any Submitted Content and to delete, remove, move, edit or reject, without notice to you, any Submitted Content for any reason or no reason, including without limitation because pureAphrodisiac deems, in its sole discretion, such content to violate any law, this Agreement, any other policy of pureAphrodisiac. pureAphrodisiac further reserves the right, in its sole discretion and for any reason or no reason, to: (i) refuse to allow you to submit additional Submitted Content; (ii) remove and delete Submitted Content already accepted by pureAphrodisiac; (iii) revoke your registration and right to use the Site or Service; and (iv) use any technological, legal, operational or other means available to enforce the terms of this Agreement, including without limitation by blocking specific IP addresses or deactivating your account.

Your Representations and Warranties Concerning Submitted Content

You hereby represent and warrant that neither your uploading, transmitting or otherwise providing Submitted Content to pureAphrodisiac, nor pureAphrodisiac’s exercise of its rights granted under this Agreement, will infringe the rights, including without limitation the copyright, patent, trademark, trade secret or other proprietary rights, of any third party, or violate any agreement between you and a current or former employer concerning the intellectual property you create or have created.

Without limiting any other part of this section, you further hereby represent and warrant that the Submitted Content, including as used by pureAphrodisiac as permitted by this Agreement:

• Is not libelous or defamatory, and does not violate the privacy or publicity rights of any third party;
• Retains all necessary clearances, including, but not limited to songs, images, or scenes used in the film;
• Does not consists of or contain viruses, Trojan horses, worms, malicious code or other harmful or destructive content;
• Is not obscene, lewd or lascivious, does not include depictions of implied or simulated bestiality, rape or incest, does not constitute child pornography, and does not solicit personal information from or exploit in a sexual or violent manner anyone under the age of 21;
• Does not depict excessive violence, or contain comments or images that are offensive, abusive, threatening, harassing or menacing, or that incite, encourage or threaten physical harm against another;
• Does not promotes or glorify racial intolerance, use hate and/or racist terms, or signify hate towards any person or group of people;
• Does not glamorize the use of hard core illegal substances and drugs;
• Does not advertise or otherwise solicit funds, and is not a solicitation for goods or services;
• Does not and will not have a detrimental effect to the goodwill and good standing of pureAphrodisiac or any of its affiliates, officers, directors, employees, consultants, agents, contractors or representatives;
• Is fully in compliance with 18 U.S.C. § 2257 et seq.; and
• Does not violate any provision of this Agreement or any other pureAphrodisiac policy.

YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS OR OTHER LIABILITY CAUSED BY YOUR SUBMITTED CONTENT OR YOUR BREACH OF ANY OF THE REPRESENTATIONS OR WARRANTIES CONTAINED IN THIS SECTION. THE BURDEN OF PROVING YOUR COMPLIANCE WITH THIS SECTION RESTS SOLELY WITH YOU.

Royalties

pureAphrodisiac shall pay you a royalty of $1 per completed sale of each license to your Submitted Content (minus any refunds, cancellations, failures, or otherwise unpaid purchases as determined by pureAphrodisiac in its sole and absolute discretion). Royalties will be calculated monthly on the fifteenth day of each month; no later than 20 days thereafter, pureAphrodisiac will mail checks for all royalties totaling $10.00 or more. In the event that royalties owed to you do not equal or exceed $10.00, such royalties will be carried over month-to-month until the total amount of such royalties equals or exceeds $10.00, at which time a check will be mailed to you as stated above. For clarification, you will receive no royalties other than in connection with sales of licenses to Submitted Content. pureAphrodisiac reserves the right, in its sole and absolute discretion, to offer Submitted Content to end users on a promotional basis (without charge). When Submitted Content is furnished, in whole or in part, on a promotional basis, you will not receive any royalty payment.

You must provide pureAphrodisiac a Federal Tax ID or Social Security Number before royalty payments can be made to you. pureAphrodisiac will register a 1099 for all U.S. residents to which it issues combined yearly royalty payments of $10.00 or more. Any falsification of Social Security or Tax ID numbers shall be cause for denial of royalty payment and for immediate account termination. It is your responsibility to keep your Social Security or Tax ID numbers and other information as maintained by pureAphrodisiac current and accurate.

Third Party Links

This Site may contain links to other independent third-party web sites (“Linked Websites”). These Linked Websites are provided solely as a convenience to our users. Such Linked Websites are not under pureAphrodisiac’s control, and pureAphrodisiac does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or Linked Websites, or for any other materials, products, or services of third parties. You will need to make your own independent judgment regarding your interaction with these Linked Websites.

Privacy

We respect your privacy and the use and protection of your Personal Information. The Service is subject to pureAphrodisiac’s Privacy Policy. Please read pureAphrodisiac’s Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the Service.

Rules of Conduct

Your use of the Service is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your membership. You shall not use, allow, or enable others to use the Site, or knowingly condone use of the Site by others, in any manner that is, attempts to, or is likely to:

• be libelous, defamatory, indecent, vulgar or obscene, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
• affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
• send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
• be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
• transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;
• forge any TCP/IP packet header or part of the header information in any e-mail or newsgroup posting for any reason;
• violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise;
• attempt to gain or gain unauthorized access to the Site, other users’ accounts, names, email addresses, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Service by hacking, password “mining” or any other illegitimate means, or in any manner which violates or is inconsistent with the terms of this Agreement;
• probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of pureAphrodisiac, including any pureAphrodisiac membership not owned by you, to its source, or exploit the Site or Service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site;
• impose an unreasonable or disproportionately large load on the infrastructure or burdening network capacity of the Site or pureAphrodisiac’s systems or networks, or any systems or networks connected to the Site or to pureAphrodisiac;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to pureAphrodisiac on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity;
• access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site by using any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process;
• modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person, firm or enterprise;
• collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so; or
• You may not use the Site or any content for any purpose that is unlawful or prohibited by this Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of pureAphrodisiac or others.

Termination of Membership

You may terminate your membership at any time and for any reason by contacting us.

If you fail, or pureAphrodisiac suspects that you have failed, to comply with any of the provisions of this Agreement, pureAphrodisiac, at its sole discretion, without notice to you may terminate or suspend your membership or your access to the Service (or any part thereof), and you will remain liable for all amounts due under your membership up to and including the date of termination.

Disclaimer and Limitation of Liability

The Service is made available on an "as is" and "as available" basis, without any representation or warranty of any kind, express or implied, including, but not limited to, all warranties of accuracy, merchantability, of fitness for a particular purpose, title and non-infringement. In addition, pureAphrodisiac makes and provides no guaranty or assurance the Service or any content will operate without errors or interruption, or that the Service will be available or perform as described or at any particular time or times.

pureAphrodisiac shall use reasonable efforts to use information submitted by you in compliance with our Privacy Policy. However, your submission of such information is at your sole risk, and pureAphrodisiac hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.

pureAphrodisiac disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Service. You assume total responsibility for your use of the Site and any linked sites.

Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, omissions, corruption, attack, viruses, interference, hacking or other security intrusion. You are assuming the entire risk of using the Service. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

pureAphrodisiac reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Website, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, your sole remedy against pureAphrodisiac for dissatisfaction with the Site or any content or the Service is to stop using the Service. Your sole and exclusive remedy for any loss or damage shall be to have pureAphrodisiac, upon written notice from you, correct or replace any deficient products or services under this Agreement and, if not reasonably commercially practicable, to refund any monies actually paid by you for the services and/or products involved and to terminate and discontinue your registration and use of the Service.

The Service is intended for adult users within the United States in jurisdictions in which the use of the Service is not restricted or prohibited by applicable law. pureAphrodisiac disclaims all liability for any user not specifically authorized or that is in violation of this Agreement or the laws or regulations that may apply to you in any jurisdiction or country.

Except where prohibited by law, in no event will pureAphrodisiac, its directors, officers, members, employees, affiliates, agents, contractors, or licensors be liable to you for any indirect, special, consequential, exemplary, incidental or punitive damages, including lost profits, even if pureAphrodisiac has been advised of the possibility of such damages.

If, notwithstanding the other provisions of this Agreement, pureAphrodisiac is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any content, pureAphrodisiac’s liability shall in no event exceed the greater of (1) the total of any fees with respect to any purchase of or on the Site paid by you minus commissions paid to you in the six months prior to the date of the initial claim made against pureAphrodisiac, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Representations and Warranties

You hereby represent and warrant to us that this Agreement has been duly and validly accepted by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms. You further represent and warrant that the execution, delivery and performance by you of this Agreement are within your legal capacity and power, have been duly authorized by all requisite action on your part, require the approval or consent of no other persons, and neither violate nor constitute a default under (i) the provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you.

Indemnification

You agree to indemnify, defend and hold pureAphrodisiac, its Affiliates and its and their respective officers, directors, members, employees, agents, licensors, representatives, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from any breach or violation of this Agreement by you, or resulting from your postings or any content you provide, submit or make available on or through the Service or your unauthorized use of any content.

pureAphrodisiac reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with pureAphrodisiac in the defense of any such claim, action, settlement or compromise negotiations, as requested by pureAphrodisiac.

Violation of These Terms

If you believe that any content on the Site violates any of the terms of this Agreement, please contact us. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive your communication.

pureAphrodisiac may, in its sole discretion and without prior notice, terminate your access to the Site, remove and discard any content on the Site, and/or block your future access to the Site if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or other agreements or guidelines which may be associated with your use of the Service. You also agree that any violation by you of this Agreement will constitute an unlawful and unfair business practice, and will cause irreparable harm to pureAphrodisiac, for which monetary damages would be inadequate, and you consent to pureAphrodisiac obtaining any injunctive or equitable relief that pureAphrodisiac deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies pureAphrodisiac may have at law or in equity.

You agree that pureAphrodisiac may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or Service, or (4) unexpected technical issues or problems.

If pureAphrodisiac does take any legal action against you as a result of your violation of this Agreement, pureAphrodisiac will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to pureAphrodisiac. You agree that pureAphrodisiac will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of this Agreement.

Void Where Prohibited

Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. pureAphrodisiac reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited.

LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS

If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and this Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive termination of this Agreement; provided, however, no action arising out of this Agreement or your use of the Service, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.

In the event of any controversy or dispute between pureAphrodisiac and you arising out of or in connection with your use of the Service, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

This Agreement and your use of the Service shall be governed by, construed and enforced in accordance with the substantive laws of the State of California applicable to contracts made, executed and wholly performed in that State, and, for the purposes of any and all legal or equitable actions, the parties specifically agree and submit to the exclusive jurisdiction and venue of the state and federal courts situated in the State of California and agree not to object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise; provided, however, that notwithstanding the foregoing, pureAphrodisiac has the right to commence and prosecute an action against you in connection with this Agreement, in your home jurisdiction. To the extent it may be applicable, the parties agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.

In any action or proceeding commenced to enforce any right or obligation of the parties under this Agreement, your use of the Service or with respect to the subject matter hereof, the parties hereby waive any right you may now have or hereafter possess to a trial by jury.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Additional terms and conditions may apply to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of this Agreement by this reference. You agree to abide by such other terms, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between this Agreement and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

pureAphrodisiac’s obligations, if any, with regard to the Service are governed solely by this Agreement pursuant to which they are provided, and nothing on the Site should be construed to alter this Agreement. pureAphrodisiac’s failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by pureAphrodisiac of any provision or any right it has to enforce the terms of this Agreement, nor shall any course of conduct between pureAphrodisiac and you or any other party be deemed to modify any provision of this Agreement.

^ Legal Notices