Terms and Conditions of Use
- Acceptance of the Terms
- Modification to Terms of Use
- Modifications to the Websites
- Accounts
- Intellectual Property Rights
- Your Conduct/a>
- Purchases
- Billing Errors
- Refunds
- Comments, Communications and Other Content
- Links
- Indemnification
- Disclaimer of Warranties
- Limitation of Liability
- Privacy Policy
- Site Security
- Termination of Use
- General Information
- Complaint Process
1. Acceptance of the Terms
Ravana, LLC (“ADE”) is the owner or operator of this website and various other web sites and web pages (the "Websites"). The following Terms of Use ("Terms") govern your use of the Websites. Additionally, the Websites may themselves contain additional terms, codes of conduct or guidelines that govern use of those Websites, including without limitation, particular features or offers (for example, free trials, sweepstakes, and chat areas). In the event that any of the Terms contained herein conflict with any additional terms contained within any Website, then these Terms shall control. Read these Terms and any additional terms on the Websites carefully before you ("You") accept these Terms by using the Websites. You agree to be bound by any affirmation, assent, or agreement you transmit through the Websites. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded button, check box, or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature. The Terms are entered into by and between ADE and You. The products offered for sale or rent and other on-line resources accessible via the Websites, are provided to You, subject to these Terms. Unless explicitly stated otherwise, the Terms will govern Your use of any new features that augment or enhance the Websites. As required by law, you will not access or attempt to access any portion of the Websites beyond our initial pop-up message, unless and until you have provided age and identity information for verification by our third-party service providers and passed our age verification process, as we deem necessary.
2. Modification to Terms of Use
ADE reserves the right to update or modify these Terms and, any additional terms, codes of conduct or guidelines, without prior notice. If ADE changes anything in these Terms, ADE will change the “Last Updated” date at the top of these Terms. You agree to re-visit this page on a frequent basis, and to use the “Refresh” or “Clear Cache” function on your browser when doing so. You agree to note the date above. If the “Last Updated” date remains unchanged from the last time you reviewed these Terms, then you may presume that nothing in these Terms has changed since the last time you visited. If the “Last Updated” date has changed, then you must review the updated Terms in their entirety. You must agree to any updated Terms or immediately cease use of the Websites. If you fail to review these Terms as required to determine if any changes have been made, you assume all responsibility for such omission, and you agree that such failure amounts to your affirmative waiver of your right to review the updated terms. ADE are not responsible for your neglect of your legal rights.
3. Modifications to the Websites
ADE, and any third-party providers of content to the Websites, may make improvements and/or changes to the Websites including the products, programs, services, and prices that are offered or described on the Websites, at any time, without prior notice. In addition, ADE does not warrant that the products offered on the Websites are available to be accessed by or shipped to all customers or that product descriptions or other content of the Websites is accurate, complete, reliable, current or error-free. If a product offered on the Websites is not as described, Your sole remedy is to return the product in unused condition.
4. Accounts
You may create a single account on the Websites. If You fail to provide the required information, if ADE reasonably believes that You have provided false, misleading, inaccurate, incomplete, not current, or otherwise incorrect information to us, if You fail to promptly update such information to maintain its accuracy and completeness, or if ADE or any of our authorized agents have reasonable grounds to suspect that a violation of this provision has occurred, ADE may suspend or terminate Your account, as well as subject you to criminal and civil liability. Acceptance of registration is subject to our sole discretion. ADE may require You to provide additional information as necessary to verify the accuracy of your identity and the information You provide to us.
You will not use, attempt to access, or ask for the login credentials for any third party’s account at any time. You will not allow any third party to access or use Your account at any time, nor provide any third party with Your login credentials. ADE will not be liable for any loss that You may incur as a result of any third party that uses Your password or otherwise accesses Your account, either with or without Your knowledge. You will be liable for losses incurred by us or any third party due to release of account credentials to unauthorized persons.
By creating an account, You acknowledge that the Websites contain sexually oriented adult material intended for individuals 18 years of age or older and of legal age to view sexually explicit material as determined by the local and national laws of the region in which You reside. You agree not to enter the Websites if You are not 18 years of age or older, if sexually oriented adult material offends You, or if You are accessing the Websites from any community or country where adult material is specifically prohibited by law.
5. Intellectual Property Rights
ADE, adultdvdempire.com, gaydvdempire.com, amateurempire.com, and d9media are registered trademarks of ADE. dvdempire.com, pornstarempire.com, insidepornstars.com, XXX-AdultVideos.com, ADE, Empire Rental, sensualempire.com and other marks indicated on the Websites are trademarks of ADE.
Unless otherwise indicated, all information, images, text, messages, illustrations, graphics, logos, designs, icons, photographs, programs, data, software, music, sound, video, or other materials that are part of the Websites (collectively, the "Content") are protected by copyrights, trademarks, service marks, publicity rights, or other proprietary rights and laws owned, controlled or licensed by ADE or by third parties (the "Third Party Providers") who have provided materials to ADE, and these rights are valid and protected in all forms, media and technologies, existing now or hereinafter developed. All Content is copyrighted as a collective work under U.S. copyright laws, and ADE owns a copyright in the selection, coordination, arrangement, and enhancement of such Content.
Except as set forth herein, none of the Content may be copied, reproduced, framed, modified, removed, sold, distributed, republished, downloaded, displayed, posted, transmitted, or otherwise exploited, in whole or in part, in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of ADE or the Third Party Provider. No part of the Websites may be reproduced or retransmitted in any way, or by any means, without the express written permission of ADE. You also may not, without ADE's prior express written permission, "mirror" any of the Content contained on the Websites on any other server.
ADE is committed to respecting others' intellectual property rights, and we ask our users to do the same. ADE may, in its sole discretion, terminate the accounts or access rights of users who infringe or otherwise violate others' intellectual property rights or any provision of these Terms. If You believe that Your work has been copied in a way that constitutes copyright infringement on the Websites, please contact our copyright agent as described in our Copyright Policy
Nothing on the Websites shall be construed as conferring any license under any of ADE's or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.
You understand that all ADE is offering You is access to the Websites as ADE provides them from time to time. You need to provide Your own access to the Internet, hardware, and software, and You are solely responsible for any fees that You incur to access the Websites. ADE grants You a limited, nonexclusive, revocable, and nontransferable personal license to access Content provided on free areas of the Websites for private, non-commercial purposes on a single computer or mobile device. This free license does not include a license to access or use paid areas of the Websites or the Content therein. As limited by Your specific purchases on the Websites, ADE also grants You a limited, nonexclusive, revocable, and nontransferable personal license to access the Websites and the Content therein, and in limited instances to download the Content from the Websites, provided You do not modify the materials and that You retain all copyright notices, trademark legends, and other proprietary rights notices contained in the materials. This paid license is for private, non-commercial purposes on a single computer or mobile device. ADE reserve the right to limit the amount of Content viewed or Services available to You. Your license to access the Websites and the Content is not a transfer of title. You will not copy or redistribute any Material, and you will prevent others from unauthorized access, use of, or copying of the Content. This license terminates automatically if You breach any of these Terms. Upon termination, You must immediately destroy any downloaded and printed materials.
The Content on the Websites may be used only as a shopping or rental resource. The Content may not be redistributed to any , to any person who may find the Content personally offensive, or to any person who resides in any community or country where adult material is specifically prohibited by law. Any unauthorized use of any Content contained on the Websites may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
ADE has not independently authenticated content provided by Third Party Providers in whole or in part. ADE does not provide, sell, license, rent or lease any of the Content other than that specifically identified as being provided by ADE.
6. Your Conduct
You agree to use the Websites only for lawful purposes, as provided by us. You will not:
- post on or transmit through the Websites any Content that violates or infringes anyone's intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or, to the extent protectable, confidential ideas) or that is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent, harassing, or otherwise deemed by ADE to be harmful or objectionable, or that intentionally or unintentionally violates any applicable local, state, national or international law, or any regulations having the of law.
- fail to comply with orders, judgments, or mandates from courts of competent jurisdiction.
- link to the Websites on any third-party website in any way that is illegal, unfair, or damages or takes advantage of our reputation, including any link which establishes or suggests a form of association, approval, or endorsement by us where none exists.
- circumvent, disable, damage, or otherwise interfere with the operations of the Websites, any users enjoyment of the Websites, or our security-related features or features that prevent, limit, or restrict the use or copying of the Websites that enforce limitations on the use of the Websites or the Content, by any means, including posting, linking to, uploading, or otherwise disseminating viruses, adware, spyware, malware, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious code, file, or program designed to interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or any telecommunications equipment.
- reverse engineer, decompile, disassemble, or otherwise discover the source code of the Websites or any part of it, except and only if that activity is expressly permitted by applicable law despite this limitation.
- access or use any automated process (such as a robot, spider, scraper, or similar) to access the Websites in violation of our robot exclusion headers or to scrap all or a substantial part of the Content (other than in connection with bona fide search engine indexing or as ADE may otherwise expressly permit).
- modify, adapt, translate, or create derivative works based on the Content, except and only if applicable law expressly permits that activity despite this limitation.
- commercially exploit or make available the Content therein to third parties including any action or “frame” or “mirror” the Websites.
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it.
- attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.
Violating these conduct requirements will be considered a breach of these Terms and may result in immediate suspension or termination of Your account without notice, in our sole discretion. ADE may pursue any legal remedies or other appropriate actions against You if You engage in any of the above conduct requirements or otherwise use the Websites in an unauthorized manner, including civil, criminal, or injunctive relief, and cancellation of Your account.
7. Purchases
If You provide valid and current payment information, You may purchase access to additional features on the Websites, including access or subscriptions to certain Content. ADE bills for Subscriptions on an automatic recurring basis. If You fail to renew Your subscription and continue to access certain features on the Websites, ADE may charge You for those features on an a-la-carte basis at our prevailing rates. The price of such purchases and subscriptions is displayed on the Websites, and You may only make such purchases and subscriptions at the currently displayed price. ADE reserves the right to charge additional fees for access to the Websites or any other feature or service of the Websites, including the right to change the price and upgraded features associated with such subscriptions, and to change our fee structure at our discretion at any time, without notice to You, by changing the information prominently displayed on the Websites. All previous offers or discounts are unavailable once removed from the Websites.
You agree to pay any and all fees or account charges related to any fees, taxes, charges, purchases, subscriptions, or upgrades associated with Your account, immediately when due in accordance with our stated billing policy, or that of our third-party billing agent. You acknowledge that the charge on Your banking statement for our Services may display our company name, one of our brand names, or our third-party billing agent’s name. You understand and agree that You are responsible for any and all fees or penalties that are associated with Your account. Your account will be deemed past due if it is not paid in full by the payment due date. Your card issuer agreement may contain additional terms with respect to Your rights and liabilities as a card holder. You agree to pay any and all amounts due immediately upon cancellation or termination of Your account.
ADE utilizes various third-party payment processors and gateways, and ADE reserves the right to contract with additional third-party payment processors and gateways in our sole discretion to process any and all payments associated with the Websites. Such third parties may impose additional terms and conditions governing payment processing. You are responsible for abiding by such terms. ADE further disclaims any liability associated with Your violation of such terms. ADE reserves the right to make changes at any time to our fees and billing methods, including the addition of administrative or supplemental charges for any feature, with or without prior notice to You.
You must promptly inform our third-party billing agent of all changes, including changes in Your address and changes in Your credit card used in connection with billing or payment through the Websites, if applicable. You are responsible for any credit card charge backs, dishonored checks, and any related fees that the Websites incurs with respect to Your account, along with any additional fees or penalties imposed by our third-party billing agent.
If You make a purchase on the Websites that results in a chargeback, ADE may terminate Your account. You agree to contact us to seek a resolution of any issue before initiating a chargeback.
8. Billing Errors
If You believe that you have been erroneously billed for activity associated with Your account, please notify our third-party billing agent immediately of such error. If You do not do so within thirty (30) days after such billing error first appears on any account statement, the fee in question will be deemed acceptable by You for all purposes, including resolution of inquiries made by or on behalf of Your banking institution. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported within thirty (30) days of the bill being rendered to You. These terms shall supplement and be in addition to any terms required by third party billing entities ADE engages to provide billing services. You are responsible for review and compliance with such entity’s terms in addition to those contained in these Terms.
9. Refunds
You understand and agree that it is our standard policy that all purchases are final and nonrefundable. ADE reserves the right to address all refund requests in our sole discretion. In no instance will a refund be provided where the user initiates a chargeback.
10. Comments, Communications and Other Content
All comments, communications, ideas, and other content disclosed, submitted or offered to ADE on or by the Websites or otherwise disclosed, submitted or offered in connection with Your use of the Websites (collectively, the "Comments") shall be and remain ADE's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to ADE of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, ADE will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. ADE is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay users any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by You to the Websites will violate any rights of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by You to the Websites will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
11. Links
The Websites may provide, or third parties may provide, links to other Internet sites or resources. Because ADE has no control over such sites and resources, You acknowledge and agree that ADE is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. ADE will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
12. Indemnification
You agree to indemnify and hold ADE, and its subsidiaries, affiliates, officers, agents, co-branders, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your use of the Websites.
13. Disclaimer of Warranties
YOUR USE OF THE WEBSITES IS AT YOUR SOLE RISK. THIS WEBSITE IS PROVIDED BY ADE ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNLESS OTHERWISE EXPLICITLY STATED, THE CONTENT ON THE WEBSITES IS PROVIDED "AS IS", "WITH ALL FAULTS," AND IS FOR COMMERCIAL USE ONLY. ADE DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ADE MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE CONTENT CONTAINED ON THE WEBSITES. ADE MAY MAKE AVAILABLE ON THE WEB SITES CONTENT AVAILABLE FOR DOWNLOADING THAT HAS BEEN SUBMITTED BY THIRD-PARTY USERS OF THE WEB SITES. ANY QUESTIONS REGARDING THE CONTENT SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH CONTENT. IN NO EVENT WILL ADE OR ITS SUPPLIERS BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE CONTENT OR INFORMATION FROM THE WEBSITES.
ADE MAKES NO WARRANTY OR CONDITION THAT: (i) THE WEBSITES WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITES WILL MEET YOUR EXPECTATIONS, OR THAT (v) ANY ERRORS IN THE WEBSITES SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ADE OR THROUGH OR FROM THE WEBSITES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE TERMS. ADE'S EMPLOYEES ARE NOT AUTHORIZED TO VARY THESE TERMS.
14. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, ADE IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE (EVEN IF ADE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO: (i) THE USE OF OR THE INABILITY TO USE THE WEBSITES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES, INCLUDING CONTENT YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE FROM THE WEBSITES.
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITES AND WILL NOT MAKE A CLAIM AGAINST ADE FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE CONTENT.
YOU AGREE TO HOLD ADE HARMLESS FROM, AND YOU COVENANT NOT TO SUE ADE FOR, ANY CLAIMS BASED ON USING THE WEBSITES, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
15. Privacy Policy
ADE respects Your desire for privacy. ADE's Privacy Policy can be found here. By using the Websites, You are consenting to the processing of Your data by ADE and consenting to the terms of our Privacy Policy. If we decide to make any significant change to that policy, we will post the revised policy prominently on the Websites or otherwise bring it to Your attention, so that You are always aware of what we do with Your information.
16. Site Security
You are prohibited from violating or attempting to violate the security of the Websites, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Websites, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. ADE will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Websites or any activity being conducted on the Websites. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Websites other than the search engine and search agents available from ADE on the Websites and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
17. Termination of Use
You may terminate these Terms and delete Your account by clicking “Delete Account” in your account settings. You will not assign, transfer, sell, or share your membership to the Websites. If You do, both You and any unauthorized user are jointly and severally liable for any fees that will be due.
ADE, in its sole discretion, may terminate Your password, Your account, Your use of any of the on-line resources available on the Websites, and remove and discard any Content on the Websites, for any reason, including, without limitation, for lack of use or if ADE believes that You have violated or acted inconsistently with the letter or spirit of the Terms. Any termination of Your access to the Websites under any provision of the Terms may be effected without prior notice, and ADE may immediately de-activate or delete Your account and all related information and files in Your account and/or bar any further access to such files or to the Websites. Further, ADE will not be liable to You or any third-party for any termination or suspension of Your account or Your access to the Websites.
18. General Information
The Terms constitute the entire agreement between You and ADE and govern Your use of the Websites, superseding any prior agreements between You and ADE (including, but not limited to, any prior versions of the Terms). You also may be subject to additional terms and conditions that may apply when You use other ADE services, third-party content or third-party software. You must not assign or otherwise transfer either the Terms or any right granted hereunder.
Any breach of the Terms will result in irreparable harm to ADE for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, ADE will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if ADE seeks such an injunction.
Pennsylvania law and controlling U.S. federal law govern any action related to the Terms. No choice of law rules of any jurisdiction apply. You and ADE agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Allegheny, Pennsylvania.
ADE controls and operates the Websites from its headquarters in Allegheny County, Pennsylvania, United States of America, and makes no representation that this Content is appropriate or available for use in other locations. If You use the Websites from other locations, You are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.
You hereby waive any right or ability to initiate any class action or collective proceeding along with any right to trial by jury. You acknowledge that remedies at law may be inadequate to provide us with full compensation in the event You breach these Terms, and that ADE shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
If ADE is required to enlist the assistance of an attorney, investigator, collections agent, or other person to collect any damages or any other amount of money from You, or if ADE is required to seek the assistance of an attorney to pursue injunctive relief against You, then you additionally agree that You will reimburse us for all fees incurred in order to collect these damages or in order to seek injunctive relief from You. You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the damages themselves. You agree that you will pay these fees and costs.
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations including, but not limited to, the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Website to either a foreign national or a foreign destination in violation of such laws.
The failure of ADE to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full and effect. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. The section titles in the Terms are for convenience only and have no legal or contractual effect.
These Terms represent the entire understanding relating to the use of the Websites and prevail over any prior or contemporaneous, conflicting, or additional, communications.
ADE is not responsible for any failure to perform because of unforeseen circumstances or causes beyond our reasonable control, including: Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; epidemics; pandemics; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or Content; failure of the telecommunications or information services infrastructure; hacking, spam, data breach, malware, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance; and unlawful acts of our employees, agents, or contractors.
Any notice required to be given by us under these Terms may be provided by email to a functioning email address of the party to be noticed, by a general posting on the Websites, or by personal delivery via commercial carrier. Notices by customers to us shall be given by contacting us at privacy@adultempire.com unless otherwise specified in these Terms. Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of these Terms. Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier shall be deemed delivered on the business day following mailing. Notices delivered by any other method shall be deemed given upon receipt. Either party may, by giving the other party appropriate written notice, change the designated address, email address, or recipient for any notice hereunder. Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, email server, or overnight delivery service.
ADE make no representation that the Websites, the Services, or any of the Content are appropriate or available for use in all locations. You may not access the Websites, the Services, or the Content from territories where their contents may be illegal or is otherwise prohibited. Those who choose to access the Websites and use the Services from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws. Nothing contained in these Terms shall be interpreted as an admission that that the Websites is subject to the laws of any nation besides the United States.
You are subject to the laws of the state, province, city, country, or other legal entity in which You reside or from which You access the Websites. THE WEBSITES ARE VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If You open an account or use the Websites while located in a prohibited jurisdiction, You will be in violation of the law of such jurisdiction and these Terms, and subject to having Your account suspended or terminated without any notice to You. You hereby agree that the Websites cannot be held liable if laws applicable to You restrict or prohibit Your participation. The Websites make no representations or warranties, implicit or explicit, as to Your legal right to participate in any Service offered on the Websites, nor shall any person affiliated, or claiming affiliation, with the Websites have authority to make any such representations or warranties. ADE reserve the right to restrict access to the Websites in any jurisdiction.
19. Complaint Process
We have a complaint process regarding the Content on our Websites. This process allows You or anyone else to report to us any Content that may be illegal or that otherwise violates the Standards. We will review and resolve all reported complaints within seven (7) business days. If such review yields evidence of illegal Content or Content violating the Standards, we will remove the Content immediately. If You believe You or anyone else is depicted in any illegal Content or Content that violates the standards, please notify us and specifically identify the Content in violation and the reason to initiate the review process. Click here to submit a complaint.
Contact Us if you have any comments about our Terms of Use.