18 U.S.C. 2257 COMPLIANCE STATEMENT
All models, actors, actresses, and other persons that appear in any visual portrayal of actual or simulated sexually explicit conduct appearing on, or otherwise contained in, the Features were over the age of eighteen (18) years at the time the visual image was produced. Records required for all depictions of actual sexually explicit conduct by 18 U.S.C. 2257 and 2257A are on file with the appropriate Custodian of Records. The records required pursuant to 18 U.S.C. Sections 2257 and 2257A and 28 C.F.R. 75 for all materials contained in the Features are kept by the following Custodian of Records:
2257 Sentry, LLC
361 Rt. 31, Bldg. E
Suite 1402, 2nd Floor
Flemington, NJ 08822
We are 100% committed to protecting your personal information. We will not distribute, rent or sell your personal information or contact information to any third party, except in rare circumstances identified below. Our customers expect the highest level of privacy and security and we take great professional pride in providing it. For your protection, your credit card or other payment information is handled exclusively by our payment processor, CCBill (www.ccbill.com) and is NOT accessible to us AT ANY TIME. Your payment(s) will be billed as CC Bill or CCBill for Creek Road, Inc.; no other identifying information will appear on your billing statements.
INFORMATION WE GATHER AND HOW WE USE IT
We also use Google Analytics and may use similar analytic and aggregate data regarding user visits and behavior. None of this information is personally identifiable; it is used to track usage patterns and improve the Features.
You can choose whether or not to accept cookies by changing the settings of your browser. Typically, by accessing your browser’s help feature you can obtain information on how to prevent your browser from accepting all cookies or to notify you when a cookie is being set. If you choose not to accept our cookies, your experience at our Website and other websites you may visit may be diminished and some features may not work as intended.
DISCLOSURE TO THIRD PARTIES
In general, we will not disclose your personal information; however, we reserve the right to do so when required by law or in the good-faith belief that such actions are necessary to:
• Operate our Website and other Features (e.g., to our Internet service providers, licensors, accountants, attorneys, programmers, designers, and marketing consultants and service providers);
• Comply with any law, order, or, in our discretion, requests from law enforcement authorities;
• Protect and defend the rights or property of our own and our users;
• Identify persons who may be violating applicable law or our Terms.
We may also disclose non-personal information, in aggregate form, to potential strategic partners, advertisers, investors, the general public, and others.
We do not have access to your payment information, so we will never release this information to anyone.
None of the Features are directed to children, and children under the age of eighteen (18) or who have not attained the age of majority in the jurisdiction in which they reside or from which they are accessing the Features, are prohibited from using any of the Features or sending any information to us. It is a material breach of our Terms to facilitate or allow access to the Features by a child.
We use reasonable, industry-standard precautions to keep any information disclosed to us secure. We reserve the right to transfer information in connection with the sale of all or part of our capital stock or assets or the Features or any of them to any third party. Furthermore, we are not responsible for any breach of security or for any actions of any third parties that receive the information.
NOTIFICATION OF CHANGES
We have the right to modify these Terms at any time without providing notice other than posting the modifications to the Website with a revised effective date, if applicable. It is your responsibility to review these Terms prior to your use of any of the Features and from time to time, and to discontinue use of any of the Features you have access to if you do not agree to any of them. YOUR USE OF ANY OF THE FEATURES CONSTITUTES YOUR IRREVOCABLE AGREEMENT TO THE TERMS IN EFFECT AT TIME OF YOUR USE.
Subject to these Terms, we grant you a limited, nonexclusive, nontransferable, nonsublicensable, revocable license to access and use the Website through its standard user interface and to download one copy to your personal computer for your personal (no sharing with others), noncommercial use, and at your own risk and expense. Additionally, for subscribers only, during the term of your Subscription, we grant you a limited, nonexclusive, nontransferable, nonsublicensable, revocable license to access and use the subscription-only areas of the Website through its standard user interface and to download one copy to your personal computer for your personal (no sharing with others), non-commercial use, and at your own risk and expense. You may not: (i) use, copy, alter, or modify the Features (electronically or otherwise); (ii) create any derivative work(s) from the Features; (ii) sell, license, rent, lend, publish, display, transmit, broadcast, distribute in any other form, or in any derivative works of the Features, share, or otherwise make available the Features to others; (iii) modify, reverse engineer, disassemble, decompile, or otherwise translate or attempt to obtain the source code of the Features; and/or (iv) remove, obliterate, or alter any intellectual property or other proprietary rights notices or legends on or displayed on or by the Features. You agree to take reasonable precautions to prevent unauthorized access to or use of the Website by non-authorized users, including minors residing in your household and, with regard to subscription-only content, by non-subscribers, and you agree that you are solely responsible for any such unauthorized access or use.
The Features contain adult-oriented, sexually explicit material. Notwithstanding the within choice of law provisions, you may only use the Features which are not prohibited by, or considered obscene or indecent under the laws and community standards of the jurisdiction in which you are located at that time. You may not use the Features in any manner which exceed the rights granted to you by us, including (i) use of any of the Features if you have not attained the greater of (1) the age of eighteen (18), or (2) the age of majority in the jurisdiction in which you are located at the time of access, entitling you to view adult-oriented material, (ii) impersonating a minor or any other person, (iii) facilitating or allowing access by a minor, (iv) use of the Features in an illegal, harassing, defamatory, or abusive manner, (v) gathering or attempting to gather information on other users, (vi) violating the copyright or other intellectual property rights of any third party, and/or (vii) hacking, hijacking, or attacking (e.g., a denial of service attack) any of the Features. You shall not attempt to circumvent, impede, or interfere with any of the Features, or gain access to our servers or those of our service providers except by means of the standard user interfaces. You may not export any of the Features in violation of applicable export or trade embargo laws and regulations.
We reserve the right to refuse or limit use of the Features to any person at any time, in our sole discretion, and serious breaches or disruptions may additionally or alternatively result in legal action or referral to law enforcement without further notice.
The Features are protected by U.S. and international intellectual property laws and may not be reproduced, transmitted, published, excerpted, copied, edited, or used in any commercial manner whatsoever without our advance written permission. You acknowledge and agree our licensors and us retain all right, title, and interest in and to all data and information, content, and materials provided on, with, or by the Features, including, without limitation, text, images, graphics, page headers, trademarks and logos of our licensors and us, the selection and arrangement of elements displayed on, with, or by the Features, the compilation of all content and materials on, with, or by the Features, and the business processes, procedures, methods, and techniques used in the Features, and all associated patent, trademark, copyright, trade secret, and other intellectual property and proprietary rights recognized anywhere in the universe.
Eroticsnap.com is our licensed service mark. All other trademarks are the property of their respective owners.
MAINTENANCE AND SUPPORT
The Features, or any of them, may be modified or terminated at any time. Almost no website has 100% uptime, and we shall not be responsible for any damages or refunds based on downtime of the Features due to errors, malfunctions, troubleshooting, upgrading, scheduled or unscheduled maintenance, support, or other factors which may limit your access to the Features from time to time.
SUBSCRIPTION ACCOUNTS AND SECURITY
You may only link to the Website with our advance written permission. You agree not to use any link or browser bookmark to deep link to the site, or to circumvent our home page and any login. All visits to the Website should begin on our home page.
DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMISSILBE UNDER APPLICABLE LAW, THE FEATURES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN, AVAILABLE THROUGH, OR LINKED TO BY THE FEATURES, NOR THAT THE FEATURES ARE FREE OF ERRORS, VIRUSES, HARMFUL CODES, OR THE LIKE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE FEATURES IS TO TERMINATE YOUR SUBSCRIPTION ACCOUNT (IF APPLICABLE) AND DISCONTINUE USE OF THE FEATURES.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMISSILBE UNDER APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR GOODWILL, LOSS OR CORRUPTION OF DATA, BUSINESS INTERRUPTION, THE COST OF ACQUIRING SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR LOSS OR CORRUPTION OF PERSONAL COMPUTER OR DATA ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE FEATURES OR ANY OF THEM, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE GREATER OF (I) THE CUMULATIVE TOTAL AMOUNT YOU PAID TO US FOR YOUR SUBSCRIPTION AND/OR USE OF THE FEATURES, OR (II) $1.00. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE STATED REMEDIES ARE DETERMINED TO FAIL THEIR ESSENTIAL PURPOSE.
We may terminate your right to use or access the Website, and/or terminate your Subscription if any, at any time if (i) in our opinion, you have breached or violated, or threatened or attempted to breach or violate, any of these Terms, or (ii) if we cease conducting regular business. If we terminate your subscription for breach, you shall not be entitled to a full or prorated refund; otherwise, you will receive a prorated refund if we cease conducting regular business. Upon termination for any reason, your right to use the Features ceases, and you must delete any of our content from your computers.
APPLICABLE LAW, DISPUTE RESOLUTION, AND GENERAL PROVISIONS