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By accessing the Idealescorts4u and affiliated Websites (hereafter "Websites"), you are agreeing to these Terms and Conditions of Use.
1. Parties To This Agreement And ConsiderationThe parties to this Agreement (the "Agreement") are You, (the "User"), and idealescort4 u (the "Company"). As used in this Agreement, the terms "we" and "us" are used interchangeably to refer to the Company and the Websites; the term "You" and "Your" is used to refer to You, the User.
1.1 By accessing the materials at Websites and for other good and
valuable consideration, the sufficiency of which is acknowledged by
You and the Company, You hereby agree to be bound by all the terms
and conditions set forth in this Agreement.
1.2 Subject to Your acceptance of the terms and conditions set forth
in this Agreement, The Company agrees to grant you a limited
personal non-transferable right to access the contents of
Idealescort4u.COM and affiliated sites operated by the Company.
1.3 This Agreement is subject to change by the Company at any time
and changes shall become effective upon notice to USERS by posting
at or via hyperlink to the Websites. You may not alter, delete, add
or change or edit any of these terms and conditions, and any such
attempted alteration shall be void and of no effect.
1.4 Any action on Your part to Bookmark to a page on this Websites
whereby the Warning Page, the Age Verification Page, and/or the
Terms of Use Page is bypassed shall constitute an implicit
acceptance by You of all the Terms and Conditions set forth herein
as well as an explicit acknowledgement by You of the fact that You
are an adult and at least 18 years if age or of the age of majority
under the laws of Your state, province or country.
2. User Verification
All materials, including messages, and other communications, contained at the websites are intended for distribution exclusively to consenting adults in locations where the materials, messages and other communications contained at the websites do not violate any community standards or any federal, state or local law or regulation of the united states or any other country. No persons under the age of eighteen (18) years (twenty-one (21) in places where eighteen years is not the age of majority) may directly or indirectly view or possess any of the contents of the websites or place any orders for any goods or services advertised at or in the websites.
2.1 you hereby acknowledge and represent that you know and
understand that the materials presented at, and/or downloadable
from, the websites include explicit visual, audio, and/or textual
depictions of nudity and sexual activities, including without
limitation, heterosexual, bi-sexual, homosexual, and transsexual
activities of an explicit sexual nature; that you are familiar with
materials of this kind; that you are not offended by such materials;
and that by agreeing to these terms and conditions you are
warranting to the company that you are intentionally and knowingly
seeking access to such explicit sexual materials for your own
personal viewing.
2.2 you further represent and warrant that your acceptance of these
terms and conditions constitutes an unequivocal request on your part
to receive sexually explicit material via the websites and that you
have not notified any governmental agency that you do not wish to
receive sexually oriented material.
2.3 you further represent, affirm and warrant that you are currently
over the age of eighteen years (twenty-one (21) in places where
eighteen years is not the age of majority) and are capable of
lawfully entering into this agreement.
3. User's Code Of Conduct
You agree, warrant and covenant to use the Websites in accordance with the following Code of Conduct and You agree and acknowledge that in our sole discretion we may, but are under no obligation to reject or delete any materials posted or uploaded by You which violates any of the following provisions, and/or to terminate Your right to use or access the Websites for violating these provisions:
3.1 You will not use the Websites to engage in any form of
illegal conduct, harassment or offensive behavior, including but not
limited to the posting or uploading of communications or any
graphic, video or audio content to the Websites which contain
libelous, slanderous, abusive or defamatory statements, or racist,
obscene or offensive language.
3.2 You will not use the Websites to infringe the privacy rights,
property rights, or other civil rights of any person;
3.3 You will not post messages or use the Websites in any way which
(i) violates, plagiarizes or infringes upon the rights of any third
party, including but not limited to any copyright or trademark law,
privacy or other personal or proprietary rights, or (ii) is
fraudulent or otherwise unlawful or violates any law.
4. Grant Of Limited License With Reservations
You acknowledge and agree that all materials contained at the Websites are proprietary and constitute valuable copyright, trademark and other intellectual property owned by the Company or others who have licensed or authorized use of such materials to the Company. You acknowledge and agree that as such You may only access, view, download, receive and otherwise use the materials available at the Websites only as authorized by the Company.
4.1 You acknowledge that You understand that the Company does not
authorize access to any part of the Websites in any manner contrary
to the express provisions of this Agreement.
4.2 You further represent and warrant to the Company that Your
agreement to these terms and conditions constitutes an agreement
that You shall not access, or attempt to access, any materials
available at the Websites in a manner not expressly authorized by
the Company. You agree and warrant that You shall at no time access,
view, download, receive or otherwise use, or cause or enable others
to access, view, download, receive or otherwise use materials,
directly or indirectly in places which the Company does not
authorize such access, viewing, downloading, receipt or other use.
4.3 You hereby acknowledge that You understand that the Company does
not authorize the accessing, viewing, downloading, duplication,
receiving, transmission, broadcasting or other use of the materials
contained on the Websites to or by any person, INCLUDING YOU, who is
located in any of the areas designated as PROHIBITED AREAS below.
4.4 You hereby acknowledge and agree that Company does not authorize
access to any parts of the Websites in any manner which bypasses
this Agreement. You further acknowledge and agree that You may not
"bookmark" photographs or other materials inside the Websites or
directly access files designated as part of the Websites except
through appropriate authorization pages as specified by the Company
and You further agree that You shall not attempt to do so.
4.5 You further acknowledge that You understand and agree that any
and all unauthorized access, viewing, downloading, receipt,
duplication or other use of materials from the Websites in violation
of the terms and conditions set forth herein, in which You are
directly or indirectly involved, including, but not limited to
accessing, viewing, downloading, receiving or other unauthorized use
of materials in PROHIBITED AREAS in any manner, shall constitute
intentional infringement(s) of the Company's and potentially others'
intellectual property rights and other rights in such materials and
shall further constitute a violation of Company's trademark and
other rights, including, but not limited to, rights of privacy.
5. Parties To This Agreement And Consideration
All of the following areas constitute PROHIBITED AREAS from which no part of the Websites may be accessed, viewed, downloaded or otherwise received:
5.1. All parts of the following countries: Afghanistan, Kuwait,
Iran, Iraq, Japan, Jordan, Libya, Pakistan, The Republic of China,
Singapore, Saudi Arabia, Syria, The United Arab Emirates.
5.2. All parts of every other geophysical place or jurisdiction
corresponding to a political entity or part thereof in which the
access, viewing, downloading, dissemination of, or other use of the
materials contained in the Websites would constitute a violation of
any law, regulation, rule or custom, including the contemporary
community standards of that jurisdiction with respect to the
viewing, accessing or other use by adults of materials which consist
of graphic, sexually explicit content.
6. Indemnification For Unauthorized Use Of Proprietary Materials
You agree to be personally liable and fully indemnify the Company and its successors and assigns for any and all damages directly, indirectly and/or consequentially resulting from any attempted or actual unauthorized downloading or other duplication of materials from the Websites by You alone, or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of materials from the Websites including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney's fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
7. Limited Grant Of License
Subject to all the terms and conditions set forth herein, the Company hereby grants You a limited, non-exclusive and non-transferable license to use view photos, text, hyperlinks, interlinks, search engines, and other software ("Materials") associated with authorized use of the Websites which Company provides during the period in which You are a current User in good standing. You may use the Materials only in accordance with these terms and conditions of Use. You may not remove any propriety notices from Materials at any time. You may make no use of Materials not expressly authorized herein or by prior express written authorization from Company. Prohibited uses, include, without limitation: (1) permitting other individuals to directly or indirectly use the Materials; (2) modifying, translating, reverse engineering, decompiling, disassembling the Materials (except to the extent applicable laws specifically prohibit such restriction); (3) making copies or creating derivative works based on the Materials except as provided herein; (4) renting, leasing, or transferring any rights in the Materials; (5) removing any proprietary notices, including copyright and trademark notices, or labels on the Materials; and (6) making any other use of the Materials not specifically authorized by the Company. This license does not grant You any rights to any software enhancements or updates of any kind. For the purpose of this paragraph, a "User in good standing" is a User who has not violated any of the Terms and Conditions of Use of this website.
8. Company's Proprietary Rights To Content
Except for public domain material or material otherwise licensed to or authorized for use by Company for electronic dissemination, all Materials displayed at or otherwise available through the Websites are proprietary, and, may not be copied, redistributed, or downloaded, in whole or in part, without the prior written authorization of Company. All editions of the Websites, and all Materials and other matter used directly or indirectly in, at, by, through and/or with the Websites are protected by the copyright laws of the United States, international copyright treaties and other laws and regulations. All rights are reserved. All intellectual property and other rights in and to the Materials and other matter at the Websites shall at all times remain in Company, its parent(s), subsidiary(ies), licensee(s) and assign(s). All intellectual property and other rights in and to any intellectual property content accessed through the Materials is the property of the applicable content owner, which may be the Company, its parent(s), subsidiary or subsidiaries, licensee(s) and assign(s), or others, and may be protected by applicable copyright and/or other laws. The limited and non-exclusive license granted to You herein grants to You no rights to use such content except as set forth herein. This license will immediately terminate automatically if You fail to comply with the limitations described herein, breach any other provision of this Agreement, cease, for any reason, to be a User in good standing, or are notified of its termination by the Company or its authorized agent(s). You agree that upon such termination, You will immediately destroy all copies of the Materials in Your possession. For the purpose of this paragraph, a "User in good standing" is a User who has not violated any of the Terms and Conditions of Use of this website.
9. Limitations On Company's Liability
9.1 You acknowledge and agree that Company shall not be held
responsible in any way for the outcome of any contact or meeting,
whether in person, by telephone or any other means, resulting from
advertisements placed or responded to, or messages or communications
sent or received by Users or Advertisers through the Websites, or
through any use, directly or indirectly, of the Websites. You
further acknowledge and agree that the Websites does not screen any
Users or Advertisers of the Websites, has no control over their
actions and makes no representations or warranties with respect to
the character, veracity, age, health or any other attribute of Users
of the Websites, including any person who places Advertisements in
the Websites; You further acknowledge and agree that the Websites
does not endorse, encourage, recommend or arrange communications or
meetings among Users of the Websites, or any other persons, and You
are expected to use common sense and take appropriate measures and
precautions to insure Your own personal safety and privacy in the
event that You choose to communicate with, or meet with any person
with whom you have communicated through the use of the public areas
or chat areas of the Websites, or through advertisements posted on
the Websites.
9.2 You agree that Materials and all other services provided to You
by Company are provided on an "AS IS" basis, without warranties of
any kind, including without limitation the warranties of
merchantability, fitness for a particular purpose and
non-infringement. The entire risk as to the quality and performance
of the Materials and all services provided by Company is borne by
You. Should the Materials or any other service provided by Company
prove defective and/or cause any damage to Your computer or
inconvenience to You, You, and not Company, assume the entire cost
and all damages which may result from any and all such defects.
Under no circumstances and under no cause of action or legal theory,
shall Company, its suppliers, licensees, resellers, or other Users
or their suppliers, licensees, resellers or Users be liable to You
or any other person for any indirect, special, incidental, or
consequential damages of any character including, without
limitation, damages for loss goodwill, work stoppage, computer
failure or malfunction, or any and all other commercial damages
resulting from any viruses, worms. Trojan Horses or other
destructive software or materials, or communications by You or other
users of the Websites, or from any use of Materials or from any use
of the Websites whatsoever. This disclaimer of warranty constitutes
an essential part of the Agreement. Some states do not allow
exclusions of an implied warranty, so this disclaimer may not apply
to You and You may have other legal rights that vary from state to
state or by jurisdiction.
9.3 Any liability of Company, including without limitation any
failure of performance, error, omission, interruption, deletion,
defect, delay in operation or transmission, communications line
failure, theft or destruction or unauthorized access to, alteration
of, or use of records, whether for breach of contract, tortious
behavior, negligence, or under any other cause or action, shall be
strictly limited to the amount of viewing fee (if any) paid by or on
behalf of the User to Company for the preceding month. Some states
do not allow the limitation or exclusion of liability for incidental
or consequential damages, so the above limitation or exclusion may
not apply to You.
9.4 Company is not liable for damages resulting from disseminating,
failing to disseminate, or incorrectly or inaccurately disseminating
any Materials, data, advertisement or other communication at or
through the Websites.
9.5 No warranty is made by Company regarding any information,
services, Materials or products provided through or in connection
with the Websites, and Company hereby expressly disclaims any and
all warranties, including without limitation: 1) any warranties as
to the availability, accuracy, or content of Materials, information,
products, or services; 2) any warranties of merchantability or
fitness for a particular purpose. Some states do not allow the
exclusion of implied warranties, so the above exclusion may not
apply to You.
9.6 You acknowledge that use of the Websites is at Your own risk. We
do not represent or endorse the accuracy of reliability of any
advice, opinion, statement or other information displayed, uploaded
or distributed through the Websites or by a User of the Websites or
any other person or entity.
10. Disclaimer Regarding Third Party Content/Limitation Of Liability
10.1 You acknowledge that You understand that we are not
responsible for, nor can we control, the use by others of any
information which You provide to them through the Websites, or
otherwise, and that You have been advised that You should use
caution in selecting the personal information You provide to others
through the Websites;
10.2 You acknowledge that You understand that we cannot ensure nor
do we make any representations or warranties regarding the security
or privacy of information that You voluntarily provide through the
Internet and Your email messages, and that You release us from any
and all liability in connection with the use or misuse of such
information by other parties;
10.3 You further acknowledge that You understand that we do not
control the content of any information, messages, communication or
other materials posted or uploaded by Users of the Websites,
including without limitation all Advertisers, and that consequently
You release us from any and all liability and responsibility in
connection with the content of any information, messages,
communication or other materials You may receive from other Users of
the Websites.
10.4 You further acknowledge that You understand that we do not
guarantee or vouch for the accuracy or truthfulness of any messages,
communication, information or content of any kind which has been
posted, uploaded or provided by other Users of the Websites,
including without limitation all Advertisers, and that consequently
You release us from any and all liability and responsibility in
connection verifying, the accuracy of any such messages,
communication, information or content of any kind provided by other
Users of the Websites.
10.5 You further acknowledge that You understand that we do screen,
endorse, monitor, control, investigate, supervise or verify any
advertisements or communications submitted to the Websites by
third-party licensees, advertisers, or Users for electronic
dissemination through the Websites. All Users of the Websites are
therefore cautioned and advised to use their own judgment to
evaluate all advertisements and other communications available at or
through the use of the Websites prior to purchasing goods and/or
services described at the Websites or otherwise responding to any
communication at the Websites.
10.6 Some of the content of the Websites might be accessed by You
via hyperlinks which will connect You to third-parties, or to
third-party Websites that may provide content to the Websites. We
have no editorial control or supervision over selection or display
of the content provided by those third parties or those third-party
Websites and those parties are solely responsible and liable for
that content.
11. Inappropriate Use Of Chat Or Public Areas Use Of Proprietary Materials
If the Websites enables Users to share information with other Users through the use of Chat rooms, Public Areas or other means of communication among Users, You agree and warrant that You shall not submit, publish, or display on the Websites any material which is infringing, defamatory, libelous or otherwise unlawful, or any material deemed obscene, lewd, excessively violent, harassing or otherwise objectionable. You further agree to indemnify the Company and its representatives for any claims or suits arising from Your use of this Websites in violation of this agreement and warranty.
11.1 Although we do not assume the duty or obligation to monitor
any messages or other materials posted or uploaded to the Websites
by third parties, including You, we reserve the right but not the
obligation, in our sole and absolute discretion, to monitor any and
all materials posted or uploaded to the Websites by third parties,
including You, at any time without prior notice to ensure that they
conform to any content guidelines or policies of the Websites which
may be applicable from time to time.
11.2 Although we do not assume the duty or obligation to monitor any
messages, advertisements or other materials posted or uploaded to
the Websites by third parties, including You, and are not
responsible for any content of these materials, we reserve the
right, in our sole and absolute discretion, but are not obligated,
to delete, move, or edit messages or materials, including without
limitation advertisements and public postings, without notice, that
we, in our sole discretion, deem to violate the Code of Conduct of
the Websites or any applicable content guidelines adopted from time
to time by the Websites, or to be otherwise unacceptable.
11.3 You acknowledge and agree that You shall remain solely
responsible for the content of messages and other materials You may
upload to the Websites or Users of the Websites and that we may, in
our sole discretion, terminate or suspend Your access to all or part
of the Websites at any time, with or without notice, for any reason,
including, without limitation, breach of this Agreement. Without
limiting the generality of the foregoing, any fraudulent, abusive,
or otherwise illegal activity may be grounds for termination of Your
access to all or part of the Websites at our sole discretion, and
You may be referred to appropriate law enforcement agencies.
11.4 You acknowledge and agree that You are solely responsible for
any information You send, display, or receive through the Websites
even if a claim should arise after termination of service.
12. Communications In Chat Room Or Public Areas Not Private
You further acknowledge and agree that all messages or content posted by You or others in any Chat rooms or public areas which may be provided on the Websites shall be deemed to be readily accessible to the general public and consequently should not be considered private or confidential. Consequently, You should not use the Websites for any communication which You intend only You and the intended recipient(s) to read. Notice is hereby given that all messages entered into this Websites can and may be read by the operators of the Site, whether or not they are the intended recipient(s).
13. Private Use Of Materials
All materials included at the Websites are for the private use by authorized Users only. No other uses are intended by the Company and any other use is strictly prohibited by the Company and will constitute a violation of its limited license and authorization of use.
14. Disclosure And Other Communication
We reserve the right to send electronic mail to You, for the purpose of informing You of changes or additions to the Websites, or of any of our related products and services. We reserve the right to disclose information about Your usage of the Websites and demographics in forms that do not reveal Your personal identity. We do not collect, sell, trade, or give away any personal information in any way. Our site may set cookies on your computer to facilitate your navigation while on our site. These cookies are never used for any other purpose. Our sites may contain links to other sites. We are not responsible for the privacy practices, content or lawfulness of the linking sites.
15. Your Consent To Receive Email Communications From Us
You hereby grant us the right, from time to time, at our discretion to send You commercial, advertising or informational emails at Your email address. You acknowledge that we may rely upon Your viewing of the Websites as Your permission to us to send You such emails. Furthermore, You grant us the right to continue to send You such emails until You specifically notify us that You wish us to stop sending You said emails.
16. Liability Of Users For Information They Post
The Company may in its discretion provide a service that enables authorized Users to communicate with or otherwise share information with other Users or persons who offer to provide any kind of service to Users, or to post information at, in or on the Websites. If the Company provides such service and if You make use of the service, You agree that You will not post, submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, fraudulent or illegal material or any material which would violate or infringe the copyright, trademark, rights of publicity, privacy rights or other rights of any person. You acknowledge that transmission of such material or any material that violates any federal, state, or local law in the United States or anywhere else in the world, is strictly prohibited by the Company and You further agree that any transmission of such material by You shall constitute a material breach of this Agreement entitling Company, without notice and without any liability for damages or reimbursement to You, to immediately terminate Your rights to access to the Websites.
16.1 You acknowledge and agree that You, and not the Company,
shall be solely responsible and liable for all damages, liability or
other consequences, foreseen or unforeseen, of all information which
You submit, publish, display, disseminate or otherwise communicate
through the Websites even if a claim for damages or liability should
arise after termination of service.
16.2 If the Company provides any such service described herein, You
agree that all messages and other communications by You shall be
deemed to be readily accessible to all other Users who are
authorized to access the Websites and agree that all such messages
and other communications shall not be deemed to be private or
secure. Regardless of whether the Company provides any type of
service described herein, You agree that You have hereby been
informed and noticed that any and all messages and other
communications which You submit to Company directly or through the
Websites can be read by the operators and/or other agents of
Company, whether or not they are the intended recipient(s).
17. Notices To Company Or Users
Notices from the Websites to authorized Users may be given by means of electronic messages or by general posting on the Websites. Communications from You to the Company may be made by electronic messages or conventional mail, unless otherwise specified in the Agreement.
17.1 All questions, complaints, and notices to Company by means of electronic mail must be sent to Customer Service at info
18. Entire Agreement
This Agreement contains the entire agreement between the authorized User and Company regarding use of the Websites, and all materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by Company.
18.1 You acknowledge and agree that the terms and conditions of this Agreement are subject to change by Company at any time and shall be effective after notice to Users by posting at or via hyperlink to the Websites.
19. Venue And Jurisdiction
This Agreement shall be governed by and construed under the laws of the State of California and the United States as applied to agreements between California state residents entered into and to be performed within the State of California, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. In case of any litigation regarding this Agreement, You agree that the venue for such litigation shall be, depending on the subject matter of the dispute, either in the California State Courts or the Federal District Court whose venue includes San Francisco, California. You hereby consent and stipulate to the jurisdiction of said State and/or Federal District Court.
20. Unenforceability Of Provisions
If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination
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