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The theerotichypnotist.com Web Site ('Site') (http://theerotichypnotist.com)
is offered to you conditioned on your acceptance without modification
of the terms, conditions, and notices contained herein. Your use
of the Site constitutes your agreement to all such terms, conditions,
and notices. The Site may also contain additional terms that govern
particular features or offers (for example, sweepstakes or chat
areas) ("Additional Terms"). The Site is owned and operated
by The Erotic Hypnotist
In the event that any of the terms, conditions, and notices contained
herein conflict with the Additional Terms or other terms and guidelines
contained within the Site, then these terms shall control.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See our Privacy
Statement for disclosures relating to the collection
and use of your personal information.
MODIFICATION OF THESE TERMS OF USE
The Erotic Hypnotist reserves the right to change the terms, conditions,
and notices under which the Site is offered, including but not limited
to the charges, if any, associated with the use of the Site. You
are responsible for regularly reviewing these terms and conditions
and your continued use of the website acknowledge your agreement.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Site is for your personal and non-commercial
use. You may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer,
or sell any information, software, products or services obtained
from the Site.
LINKS TO THIRD PARTY SITES
The Site may contain links to other Web Sites ("Linked Sites").
The Linked Sites are not under the control of The Erotic Hypnotist
and is not responsible for the contents of any Linked Site, including
without limitation any link contained in a Linked Site, or any changes
or updates to a Linked Site. The Erotic Hypnotist is not responsible
for webcasting or any other form of transmission received from any
Linked Site. The Erotic Hypnotist is providing these links to you
only as a convenience, and the inclusion of any link does not imply
endorsement by The Erotic Hypnotist of the site or any association
with its operators.
Any dealings with third parties (including advertisers) included
within or available via a link from the Site or participation in
promotions, including the delivery of and the payment for goods
and services, and any other terms, conditions, warranties or representations
associated with such dealings or promotions, are solely between
you and the advertiser or other third party. The Erotic Hypnotist
shall not be responsible or liable for any part of any such dealings
or promotions.
FEES
To participate in a private chat with any model appearing on the
SITE you agree to the terms and conditions set forth, and which
are incorporated by reference herein, to the Member Agreement as
well as, any third-party billing partners when purchasing credits
for usage on the Site.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you warrant to The Erotic
Hypnotist that you will not use the Site for any purpose that is
unlawful or prohibited by these terms, conditions, and notices.
You may not use the Site in any manner which could damage, disable,
overburden, or impair the Site or interfere with any other party's
use and enjoyment of the Site. You may not obtain or attempt to
obtain any materials or information through any means not intentionally
made available or provided for through the Site.
PROHIBITED ACTIVITY
The following is a partial list of the activities and content that
are expressly prohibited from the Site in addition to our general
usage and communication services policy hereunder. The Erotic Hypnotist
reserves the right to investigate and take appropriate legal action
against anyone who, in The Erotic Hypnotist's sole discretion, violates
this provision, including without limitation, removing the offending
communication, terminating the offenders' membership, blocking the
ability to access the Site, or providing information to appropriate
law enforcement or governmental agencies. Such prohibited activity
is includes, but is not limited to, any content, that, in The Erotic
Hypnotist's sole discretion:
· ANYTHING THAT INVOLVES MINORS. This includes depicting
or describing persons under the age of 18 or APPEARING under the
age of 18.
· Disrupting of the normal flow of dialogue or act in a manner
that negatively affects other users.
· Impersonate a model, employee of The Erotic Hypnotist,
law enforcement or government agent, minor or create a false identity
for the purpose of misleading others.
· Acts of bestiality, urination, defecation, incest, extreme
sado-masochism including, not limited to, the use of blood, real
or simulated, or any act that involves breaking the skin.
· Rape or forced sexual activity
· Cutting or airflow or any other activity that could result
in bodily harm.
GENARAL USAGE OF COMMUNICATION SERVICES
The Site may contain bulletin board services, chat areas, news groups,
forums, and/or other message or communication facilities designed
to enable you to communicate with our models or with other users
of the Site ('Communication Services'). You agree to use the Communication
Services only to post, send and receive messages and material that
are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when
using a Communication Service, you will not:
· Adhere to the The Erotic Hypnotist prohibited activity
policy described above.
o Defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as rights of privacy and publicity) of others.
o Publish, post, upload, distribute or disseminate any inappropriate,
defamatory, infringing, or unlawful topic, name, material or information.
o Publish, post, upload, distribute or disseminate any topic, name,
material or information that incites discrimination, hate or violence
towards one person or a group because of their belonging to a race,
a religion or a nation, or that insults the victims of crimes against
humanity by contesting the existence of those crimes.
o Upload or otherwise make available files that contain images,
photos, software or other material protected by intellectual property
laws (or by rights of privacy of publicity) unless you own or control
the rights thereto or have received all necessary consents.
o Upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another's
computer.
o Use any material or information, including images or photographs,
which are made available through the Site in any manner that infringes
any copyright, trademark, patent, trade secret, or other proprietary
right of any party.
o Advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Service specifically
allows such messages.
o Conduct or forward surveys, contests, pyramid schemes or chain
letters.
o Download any file posted by another user of a Communication Service
that you know, or reasonably should know, cannot be legally distributed
in such manner.
o Falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or source
of software or other material contained in a file that is uploaded.
o Restrict or inhibit any other user from using and enjoying the
Communication Services.
o Violate any code of conduct or other guidelines which may be applicable
for any particular Communication Service.
o Harvest or otherwise collect information about others, including
e-mail addresses, without their consent.
o Violate any applicable laws or regulations.
The Erotic Hypnotist has no obligation to monitor the Communication
Services. However, The Erotic Hypnotist reserves the right to review
materials posted to a Communication Service and to remove any materials
in its sole discretion. The Erotic Hypnotist reserves the right
to terminate your access to any or all of the Communication Services
at any time without notice for any reason whatsoever.
The Erotic Hypnotist reserves the right at all times to disclose
any information as necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post
or to remove any information or materials, in whole or in part,
in The Erotic Hypnotist's sole discretion.
Always use caution when giving out any personally identifying information
about yourself or your children in any Communication Service. The
Erotic Hypnotist does not control or endorse the content, messages
or information found in any Communication Service and, therefore,
The Erotic Hypnotist specifically disclaims any liability with regard
to the Communication Services and any actions resulting from your
participation in any Communication Service. Managers and hosts are
not authorized The Erotic Hypnotist spokespersons, and their views
do not necessarily reflect those of The Erotic Hypnotist.
Materials uploaded to a Communication Service may be subject to
posted limitations on usage, reproduction and/or dissemination,
and you are responsible for adhering to such limitations if you
download the materials.
MATERIALS PROVIDED TO The Erotic Hypnotist OR POSTED AT THE
SITE
The Erotic Hypnotist does not claim ownership of the materials you
provide to The Erotic Hypnotist (including feedback and suggestions)
or post, upload, input or submit to the Site or its associated services
('Submissions'). However, by posting, uploading, inputting, providing
or submitting your Submission you are granting The Erotic Hypnotist,
its affiliated companies and necessary sublicensees permission to
use your Submission in connection with the operation of their Internet
businesses including, without limitation, the rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate
and reformat your Submission; and to publish your name in connection
with your Submission.,
No compensation will be paid with respect to the use of your Submission,
as provided herein. The Erotic Hypnotist is under no obligation
to post or use any Submission you may provide and may remove any
Submission at any time in The Erotic Hypnotist's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission
you warrant and represent that you own or otherwise control all
of the rights to your Submission as described in this section including,
without limitation, all the rights necessary for you to provide,
post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
The Erotic Hypnotist AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE
SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL
DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR
SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
The Erotic Hypnotist AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. The Erotic Hypnotist AND/OR
ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT The Erotic Hypnotist SHALL NOT BE RESPONSIBLE
FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED,
OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. YOU SPECIFICALLY
AGREE THAT The Erotic Hypnotist IS NOT RESPONSIBLE OR LIABLE FOR
ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT
OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS,
INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT
The Erotic Hypnotist IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING
AND/OR INCLUDED IN THE SITE BY ANY THIRD PARTY.
IN NO EVENT SHALL The Erotic Hypnotist AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE
DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN
IF The Erotic Hypnotist OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY
OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE SITE.
TERMINATION/ACCESS RESTRICTION
The Erotic Hypnotist reserves the right, in its sole discretion,
to terminate your access to any or all Site and the related services
or any portion thereof at any time, without notice.
GENERAL
Claims for enforcement, breach or violation of duties or rights
under this agreement shall be adjudicated under the laws of the
State of Indiana, without reference to conflict of laws principles.
All other claims, including without limitation claims under or for
violation of state consumer protection laws, unfair competition
laws, and in tort, shall be adjudicated under the law of your state
of residence. You hereby irrevocably consent to the exclusive jurisdiction
and venue of courts in Indiana, U.S.A. in all disputes arising out
of or relating to the use of the Site. You agree that no joint venture,
partnership, employment, or agency relationship exists between you
and The Erotic Hypnotist as a result of this agreement or use of
the Site. You agree to indemnify and hold The Erotic Hypnotist,
its parents, subsidiaries, affiliates, officers and employees, harmless
from any claim, demand, or damage, including reasonable attorneys'
fees, asserted by any third party due to or arising out of your
use of or conduct on the Site. The Erotic Hypnotist reserves the
right to disclose any personal information about you or your use
of the Site, including its contents, without your prior permission
if The Erotic Hypnotist has a good faith belief that such action
is necessary to: (1) conform to legal requirements or comply with
legal process; (2) protect and defend the rights or property of
The Erotic Hypnotist or its affiliated companies; (3) enforce the
terms or use; or (4) act to protect the interests of its members
or others. The Erotic Hypnotist's performance of this agreement
is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of The Erotic Hypnotist's right
to comply with governmental, court and law enforcement requests
or requirements relating to your use of the Site or information
provided to or gathered by The Erotic Hypnotist with respect to
such use. If any part of this agreement is determined to be invalid
or unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the agreement
shall continue in effect. Unless otherwise specified herein, this
agreement constitutes the entire agreement between the user and
The Erotic Hypnotist with respect to the Site and it supersedes
all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and The Erotic Hypnotist
with respect to the Site. 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.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Site are: Copyright © of The Erotic Hypnotist
and/or its suppliers.
TRADEMARKS
The Erotic Hypnotist, theerotichypnotist, the logos, and/or other
The Erotic Hypnotist products referenced herein are either trademarks
or registered trademarks of The Erotic Hypnotist. The names of actual
companies and products mentioned herein may be the trademarks of
their respective owners.
The example companies, organizations, products, people and events
depicted herein are fictitious. No association with any real company,
organization, product, person, or event is intended or should be
inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement should be sent to the Service
Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING
PROCEDURE WILL RECEIVE NO RESPONSE.
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