TERMS & CONDITIONS

EROTICSIGNATURE.com is a website of erotic nature that allows sign-in members to create personal profiles online in order to take part in its erotic art competitions, network with other artists and members, as well as find and communicate with other organizations/companies involved in the world of erotic art. EROTICSIGNATURE.COM is owned and operated by EROTIC SIGNATURE, LLC ("ES"). By using the ES Website (the "Website") you agree to be bound by these Terms and Conditions (this "Agreement"), whether or not you register as a member ("Member"). If you wish to become a Member, enter our competitions, communicate with other Members and/or make use of the ES services (the "Service"), please read this Agreement and indicate your acceptance by following the instructions in the Registration process.

This Agreement sets out the legally binding terms for your use of the Website and your Membership in the Service. ES may modify without notice this Agreement from time to time and such modification shall be effective upon posting by ES on the Website. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted. This Agreement includes ES's policy for acceptable use and content posted on the Website, your rights, obligations and restrictions regarding your use of the Website and the Service, and ES's Privacy Policy. Please contact us, if you would like to receive a copy of this Agreement and emailing us a request, Subject: Terms of Use Agreement.

Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.

We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any valid reason, including but not restricted to any abuse of our terms and policies, without giving you any prior notice:

  1. Restrict, suspend, or terminate your access to all or any part of our Services;
  2. Change, suspend, or discontinue all or any part of our Services;
  3. Refuse, or remove any material that you submit to our website that does not meet our guidelines, rules and regulations policies;
  4. Refuse, move, or remove any content that is available on our website;
  5. Deactivate or delete your accounts and all related information and files in your account;
  6. Establish general practices and limits concerning use of our website.
You agree that we will not be liable to you or any third party for taking any of these actions.

You understand and agree that our Services may include communications such as service announcements and administrative messages from us or from our partners and that these communications are considered part of the Services. You will not be able to opt out of receiving these messages. You also understand that our Services may include advertisements.

Eligibility.
Membership in the Service is void where prohibited. By using the Website and the Service, you represent and warrant that all registration information you submit is truthful, current, and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are at least 18 years of age or older, or the minimum required age in your community to view this Website or any adult oriented websites. Additionally, your use of ES shall not violate any applicable law or regulation. Your profile will be deleted immediately without warning, if it is found that you are misrepresenting your age. Furthermore, you warrant that you do not object to viewing sexually explicit materials depicting heterosexual, gay and lesbian, transsexual, fetish and alternative lifestyles erotica and other adult content, you are not offended by homoerotic artwork (depicting sex between gay men and women), and you unconditionally support the freedom of expression demonstrated by this Website's content. You subscribe to the view that an adult has the right to read or view sexually oriented material in his or her own home without the interference by any person or group. You swear that you are not a law enforcement officer, postal inspector or member of any censorship group. You have not asked the postal department to protect you from receiving sexually-oriented or sexually-explicit material. You will not exhibit said content to a minor or any other person whose privacy or sensibilities might be offended. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other members. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit (log off) from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.

Content on our website.
The ES Website includes a combination of content that we create, that our partners create, and that our users create. All materials published on our website, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights or trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our website in whole or in part. Please contact us, if you would like to request permission to use any of the content on our website.

You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on our website ("Your Content"). You certify that you own all intellectual property rights in Your Content. All entrants in the ES' erotic art competition shall be in possession of copyright of the submitted artwork, or have permission of the copyright holder and have no legal objection to ES publishing their selected artwork in any of "The World's Greatest Erotic Art of Today" book.

Our Website contains content that we create as well as content provided by third parties. This content includes, among other things, images, news of erotic nature, events updates, directories, etc… It also includes information about products and services offered by parties other than ES, such as product descriptions, specifications, pricing, availability, and performance. We do not guarantee the accuracy, the integrity, or the quality of the content on our website, and you may not rely on any of this content. Without limitation, we are not responsible for postings by users in the user opinion, message board, or feedback sections of our website.

You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise not acceptable by our standards.

Photo and posting policy.
We have set very few parameters in this area. We want to encourage art expressing every sexuality and subject matter, heterosexual, gay and lesbian, transsexual, fetish and alternative lifestyles. However, the following artwork will not be accepted:
  1. All work outside of the boundaries of consensual sexuality.
  2. Any works that include references to minors or animals, or violence.
  3. Photos that are corrupted, blurred, or grossly oversized
  4. Uploaded images should in the following format:
    • .jpg or .gif format;
    • Max 900 pixels on either side at 72dpi;
    • Less than 750kb
  5. Images or artwork with any information included or embedded overtly large in them, including but not limited to artist names, nicknames, e-mail addresses, web addresses or telephone numbers.
You agree that you are not entitled to any refund if your artwork is deleted for the reasons just stated. ES may allow you to upload a replacement picture on a case by case basis, but it is not guaranteed that you will be able to replace your image if you do not follow the above policy.

Third-party sites, products, and Services.
Our website contains links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our website of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.

We do not sell, resell, or license any of the products or the services that we list, or advertise on our website, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.

ES's fee-based services.
Some of the Services require you to pay a fee, as described in the specific conditions included where those Services are offered. You agree to pay all fees and charges that you incur. Unless otherwise noted, all currency references are in U.S. dollars. We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.

Privacy policy.
All of the information that we collect from you, such as registration and credit card information, is subject to our privacy policy. Please click here to see our full privacy policy.

 Your behavior on the ES Website.
The technology and the software underlying our website and the Services is the property of ES, our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our website or the Services. You agree not to modify the software underlying our website in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our website.

Without limiting the foregoing, you agree that you will not use our website to take any of the following actions:
  1. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
  2. Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, infringing, or unlawful content;
  3. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our website, any software or hardware, or telecommunications equipment;
  4. Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
  5. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
  6. Download any file that you know or reasonably should know cannot be legally obtained in such manner;
  7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
  8. Restrict or inhibit any other user from using and enjoying any public area within our website;
  9. Collect or store personal information about other end users, unless authorized;
  10. Interfere with or disrupt our website, servers, or networks;
  11. Impersonate any person or entity, including, but not limited to, an ES representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  12. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our website or to manipulate your presence on our website;
  13. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
  14. Engage in any illegal activities.
You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to that particular Forum.

If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our website, deny you access to our website, or any combination of these options.

Unauthorized access to our Website is a breach of these Terms and a violation of the law. You agree not to access our website by any means other than through the interface that is provided by ES for use in accessing our website. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our website, except those automated means that we have approved in advance and in writing.

Use of our website is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our website.
Requests to remove certain content from our website.
As a necessary feature of our competitions and networking amongst members, ES displays images, artwork and uploaded content from its members, as well as advertisements and product listings from a wide variety of companies. ES is not in a position to arbitrate disputes between the owners of intellectual property rights and members who violate such rights or companies who advertise or list their products on our website.

As a courtesy to owners of intellectual property rights, we are willing to perform a limited investigation of reasonable complaints. However, we provide no guarantee that we will remove the allegedly infringing materials from our site.

We encourage the owners of intellectual property rights who believe their rights are being infringed by a member who posts images or content on the ES Website, or a company that advertises or lists its products on our site to resolve their disputes directly with that person or company.

If you believe that your intellectual property rights have been violated by ES or by a third party who has included material on our website, please provide the following information to the ES copyright agent listed below:
  1. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  2. A description of where the material that you claim is infringing is located on the site;
  3. An address, a telephone number, and an e-mail address where ES can contact you and, if different, an e-mail address where the alleged infringing party, if not ES, can contact you;
  4. A statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
  5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf;
  6. Your electronic or physical signature.
    7. It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove any infringing material. We may provide the alleged infringing party with your e-mail address allow that person to respond to your allegations. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.

ES will provide you with notice if your materials are removed due to alleged infringement of a third party's intellectual property rights. We will also provide you with the e-mail address of the complaining party so that you may attempt to resolve the issue. We will restore your materials upon notification from the complaining party that the dispute has been resolved.

If you believe your copyright material is being used on this Website without permission, please notify our office at:

Erotic Signature
P.O. Box 014837
Miami, Florida 33101

 Indemnification. You hereby agree to indemnify, defend and hold ES and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the "ES Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any ES Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:
  1. Your use of our website;
  2. Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
  3. The content, the quality, or the performance of content that you submit to our website;
  4. Your connection to our website;
  5. Your violation of these Terms; or
  6. Your violation of the rights of any other person or entity.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
Disclaimers. We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our website. We disclaim any responsibility for, and if you subscribe to one of our fee-based services you will not be entitled to a refund as a result of, any service outages that are caused by our maintenance on the servers or the technology that underlies our website, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.

WE DO NOT WARRANT THAT OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR WEBSITE. OUR WEBSITE AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR WEBSITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEBSITE, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR WEBSITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Arbitration.
ES may elect to resolve any controversy or claim arising out of or relating to these Terms or our website by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Miami, Florida, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Miami, Florida, necessary to protect the rights or the property of you or ES. (or its agents, suppliers, and subcontractors), pending the completion of arbitration.

Miscellaneous.
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our website or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting ES at:

Erotic Signature
P.O. Box 014837
Miami, Florida 33101


Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and ES and govern your use of our website, superceding any prior agreements that you may have with us. These Terms shall be construed in accordance with the laws of the State of Florida, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Miami, Florida if seeking interim or preliminary relief or enforcement of an arbitration award.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superceded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.

This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and ES regarding the use of the Website and/or the Service. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement. YOU CONFIRM THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
 
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