TERMS AND CONDITIONS
These Terms and Conditions apply to Erectmodel.com website (further called here "the Site"). By accessing, using, printing, installing, or downloading any material from the Site, or becoming a member to the Site, you agree to be bound by these Terms and Conditions. These Terms and Conditions are subject to change by the Sites at any time in its discretion. Your use of this Site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. If you do not agree to be bound by these Terms and Conditions, you may not enter any of the Sites, you must exit the Site immediately and you may not use or access any of the Sites or print or download any materials from them. You may use and access the Sites only in accordance with these Terms and Conditions. Please consult these Terms and Conditions regularly and read them carefully before using the Sites.
I. Privacy Policy
Your privacy is absolutely sacred to us. 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. For your protection, your credit card information is handled exclusively by our credit card processors, and it is NOT accessible to us AT ANY TIME.
II. Adult Entertainment
The Sites offer online entertainment services that may be deemed adult in nature and which may contain graphic depictions, nudity, adult language, and descriptions of explicit sexual activity. You acknowledge that you are aware of the nature of the content provided by these Sites, that you are not offended by such content and that you access the Sites freely, voluntarily and willingly.
III. Age and Legal Right to Access
By viewing this website and subscribing to it, you warrant that you are at least 18 years of age, that you are familiar with the local and federal laws in your area affecting your legal right to access adult-oriented materials; that you have the legal right to access adult-oriented materials and erectmodel.com has the legal right to transmit them to you. If you have not attained the Age of Majority, you must exit the Sites immediately and may not use or access all or any part of the Sites for any reason nor may you print or download any materials or purchase any materials (as defined below) from the site. Furthermore, you warrant that you are accessing adult-oriented materials for your own private enjoyment and that you will not make these materials available to any minor.
IV. 18 U.S.C. 2257 compliance statements
All models, actors, actresses and other persons who appear in any visual depiction of actual or simulated sexually explicit conduct on erectmodel.com were 18 (eighteen) years of age or older when said visual depictions were created. The original records required pursuant to 18 U.S.C. section 2257 and 28 C.F.R. 75 for all materials contained in the website are kept by the custodian of records:
Only official inquiries. E-mail us : support[at]erectmodel[dot]com
V. Copyright
The content, materials, images, designs and other media (collectively, the "Content") which appear on erectmodel.com are protected by United States and worldwide copyright laws and may not be reproduced, transmitted, copied, edited, or published in any way whatsoever without the written permission of The Site. Unauthorized reproduction, distribution or use of the Content is strictly prohibited. Without exception, copyright violators will be pursued and prosecuted to the fullest extent of the law. Modification or use of all or any portion of the Materials except as expressly provided in these Terms and Conditions violates erectmodel.com intellectual property rights and may result in legal action against you for damages, including, without limitation, statutory damages. Neither title nor intellectual property rights are transferred to you by virtue of your access to the Site.
VI. Terms of Use
erectmodel.com provides the Content of this site to its viewers for their personal and non-commercial use only and grants them a limited, nonexclusive, nontransferable personal license to access the Sites and the Materials contained therein. Subscribers of the website are hereby granted a single copy license to download one copy of the Content for their personal, private and non-commercial use only. We reserve the right to terminate your rights to Use of Content if you are found to be in violation of our Terms of Use or Copyrights. Violators of this limited license may be prosecuted to the fullest extent under law.
VII. Membership
A. Registration and Subscription
You are responsible for providing all equipment and the computer necessary to access the Sites. You may access the non-public portion of any Site only by being a member in good standing to that Site. You may become a member of a Site by completing an online registration form. Upon submission of the online registration form, the Site or its authorized agent will process the application. In connection with completing the online registration form, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a member.
B. Member Account, Password and Security
As part of the registration process, you will select a unique user name and password which you must provide in order to gain access to the non-public portion of a Site. You represent and warrant that you will not disclose to any other person your unique user name and password and that you will not provide access to any Site to anyone who is below the age of majority in your state. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. The Site will not release your password for security reasons. You agree to immediately notify the Site of any unauthorized use of your user name and password or any other breach of security. You are liable and responsible for any unauthorized use of the Sites under your account until you notify the Site by email regarding such unauthorized use.
C. Fees
You agree to pay all membership fees when due according to the billing terms. The Site posts the current membership fees for each Site as part of the registration process. The Site reserves the right to change any Site’s membership fees at any time, with or without prior notice to you. At the time of registration, you must select a payment method. The Site reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. Payment for the services provided to You at, and/or through Website may be made by automatic credit card debit or via online checks, and You hereby authorize Company and its agents to transact such payments on Your behalf. Unless and until you notify Company that you wish to cancel or terminat your Subscription to Website, You hereby agree and authorize Company or its designated agent or assignee to automatically renew your subscription to Website on a continuing monthly basis and to charge Your credit card (or other approved facility) to pay for the ongoing cost of your subscription. You hereby further authorize Company or its designated agent or assignee to charge Your credit card (or other approved facility) for any and all purchases of products, services and entertainment provided to You by Website. You further agree that as a Subscriber, You must promptly inform Company of any and all the following: loss or theft of the credit card used to pay for Membership to Website or other goods or services obtained in, at or through Website; changes in the expiration date of the credit card; changes in home or billing address; apparent breaches of security regarding Your Membership, such as loss, theft, unauthorized disclosure or use of an ID or password; and all other changes pertaining to Your credit card account used to pay for services pursuant to this Agreement which may affect Company's ability to expeditiously obtain payments due to Company.
D. Fraudulent use of card
You agree that You will remain liable for any unauthorized use of Website or any of its services associated with your Membership. You hereby agree that any fraudulent reporting of a lost or stolen credit card used to obtain goods or services from Website or any fraudulent reporting of an unauthorized charge to Website on Your credit card which has been made by You or anyone under Your authority, at a time when a charge or other obligation for payment for goods and/or services to Website remains outstanding at the time of such fraudulent reporting, You shall be liable to the Company for liquidated damages of $25,000.00. The liability for liquidated damages specified in this Paragraph shall not limit any other liability You may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement.
E. Billing Errors
If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer.
F. Refund Policy
The Site does not provide cash refunds. We do, however, grant credits in the form of free monthly memberships to resolve customer service issues. The billing system used by the Site or our authorized agents provides extensive credit card fraud protection measures. Therefore, refunds to your credit card will be provided only under the rarest of circumstances such as persistent technical problems originating with our equipment.
G. Download Limit
We reserve the right to restrict the amount of Materials which may be downloaded by your account at any time.
H. Notices to company or members
Your email address will be used by us to contact you when we have special offers or other information to provide you. Such information may include, without limitation, new services offered by us, information relating to your account and other information related to your subscription to the Sites. We may send you emails prior to and after you have terminated your membership to our service until such time as you advise us, in accordance with the procedures explained below, that you no longer wish to receive email from us. If you no longer wish to receive emails from us please unsubscribe from … , or send us an email to support[at]erectmodel[dot]com. Please note we will never send you an email directly or through our marketing partners without your consent. Please immediately report any emails you may receive, without your prior authorization, that purport to promote the Sites.
I. Advertisements
We utilize the services of outside advertising agencies to advertise our services and goods and/or services offered by third parties. Either we or our advertising agencies may use cookies and/or "action tags" to measure advertising effectiveness on an "anonymous basis". Some emails from us may contain advertisements from companies unrelated to the Sites. Should you elect to visit any such advertiser's website, we cannot, and do not, make any representations about applicable terms and conditions or privacy policies for such advertisers' websites. If you choose to make any purchases on such sites or accept any offers from such companies, we may provide your information, including Financial Data, to the advertiser as necessary to your request. Finally, we cannot, and do not, make any representations about the privacy policies or terms and conditions of advertisements appearing anywhere on our service, whether through our website or emails, this is regardless of whether or not there may be any mentions of or references to any or all of the Sites on such advertisers' website(s).
J. Communications in public
You further acknowledge and agree that all messages or content posted by You or others in public areas of the Website shall be deemed to be readily accessible to the general public and consequently should not be considered private or confidential. Notice is hereby given that all messages entered into this Website can and may be read by the operators of the Site, whether or not they are the intended recipient(s). If the Company should at any time provide any service which enables Members to communicate with or otherwise share information with other Members or persons providing any kind or service to Members, or post information at, in or on the Website, You agree and warrant that you shall not post, submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, 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 while connected to or otherwise directly or indirectly using the Website or other services provided to You by Company. 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 Website even if a claim for damages or liability should arise after termination of service.
K. Termination
You may cancel your membership at any time through the third party who is processing your fees. Links to these third party processors are located in the customer service area within the non-public portion of the website. Otherwise you may cancel your membership by providing: (a) our customer service department with a notice of your intent to cancel the membership at least 48 hours before the renewal date along with your user name and password; and (b) any outstanding fees owed for your membership. You hereby agree to be personally liable for any and all charges made by you for goods or services through your use of the Sites. This Agreement’s provisions shall survive its termination, unless otherwise stated. Upon our processing of your request to cancel your membership, you will no longer have access to the non-public areas of the Site or Sites to which you were a member. You agree that if you cancel at any time after purchasing a monthly membership to Website (e.g., 20 minutes after you sign up), You will still be charged the full month's membership fee.
The Site may terminate your access to a Site at any time, with or without advance notice, if: (a) The Site believes that you have breached any material term of these Terms and Conditions, (b) if you fail to pay any amount due by the payment due date; or (c) The Site decides to cease operations or to otherwise discontinue any of the Sites. Further, you agree that neither The Site nor any third party acting on our behalf shall be liable to you for any termination of your membership or access to any of the Sites. You agree that if your account is terminated by the Site, you will not attempt to re-register as a member without prior written consent from the Site.
VIII. Disclaimer of Warranty
You expressly agree that use of the sites or any of the materials contained therein is at your own and sole risk. the sites and all materials contained therein are provided “as is” without warranty of any kind, either express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. The Site makes no representations or warranties that the sites or any materials contained therein will be uninterrupted, timely, secure, or error free; nor does The Site make any representations or warranties as to the quality, suitability, truth, accuracy or completeness of the sites or any of the materials contained therein. You also understand and agree that any material and/or data downloaded or otherwise obtained through the use of the sites or any of the materials contained therein is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. You understand that the Site cannot and does not guarantee or warrant that files available for downloading from the internet will be free of viruses, worms, trojan horses or other code that may manifest contaminating or destructive properties. The Site does not assume any responsibility or risk for your use of the internet. The Site makes no warranty regarding any goods or services purchased or obtained through the sites or any transaction entered into through the sites and is not responsible for any use of confidential or private information by sellers or third parties. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
IX. Limitation of Liability
In no event shall the Site (or its licensors, agents, suppliers, resellers, service providers, or any other subscribers or suppliers) be liable to you, or any other third party for any direct, special, indirect, incidental, consequential, exemplary, or punitive damages, including without limitation, damages for loss of profits, revenue, or goodwill, which may arise from any person’s use, misuse, or inability to use the sites or any of the materials contained therein, even if the Site has been advised of the probability of such damages. This is for any matter arising out of or relating to this agreement, whether such liability is asserted on the basis of contract, tort or otherwise, even if The Site has been advised of the possibility of such damages. in no event shall The Site’s maximum total aggregate liability hereunder for direct damages exceed the total fees actually paid by you for use of a site or sites for a period of no more than one (1) month from the accrual of the applicable cause or causes of action. because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
X. Indemnity
You agree to defend, indemnify, and hold harmless the Site, its officers, directors, shareholders, employees, independent contractors and agents, from and against any and all claims, actions, liabilities, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or you under another person’s authority including without limitation to use, misuse, or inability to use the Sites or any of the Materials contained therein, or your breach of any of these Terms and Conditions. The Site shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. The Site may participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but is not obligated to do so.
XI. Links
Some web sites which are linked to the Sites are owned and operated by third parties. Because The Site has no control over such sites and resources, you acknowledge and agree that the Site is not responsible for the availability of such external sites or resources, and does not screen or endorse them, and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Site shall 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 third-party content, goods or services available on or through any such site or resource. If you decide to access any such third party sites, you do so entirely at your own risk and subject to any terms and conditions and privacy policies posted therein.
XII. Notice of Claimed Infringement
The Site respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on a Site;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
You may send your Notice of Claimed Infringement to support[at]erectmodel[dot]com.
XIII. Notice and Takedown Procedures
The Site reserves the right at any time to implement a “notice and takedown” procedure upon receipt of any notification of claimed infringement. The Site reserves the right at any time to disable access to, or remove any material or activity accessible on or from any Site or any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent.
XIV. Force Majeure
The Site shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software for so long as such event continues to delay the Site’ performance.
XV. General Provisions
The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be. Neither these Terms and Conditions nor any rights granted hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you.
In the event of any litigation arising out of this agreement, the prevailing party shall be entitled to attorney’s fees, including attorney’s fees incurred on appeal.
No waiver of The Site shall be deemed a waiver of any subsequent default of the same provision of these Terms and Conditions. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms and Conditions.
These Terms and Conditions constitute the entire agreement between the parties with respect to your access and use of any of the Sites and the Materials contained therein, and your membership with any of the Sites, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
The Site reserves the right to change any of the provisions posted herein and you agree to review these Terms and Conditions each time you visit a Site. Your continued use of a Site following the Site’ posting of any changes to these Terms and Conditions constitutes your acceptance to such changes. The Site does not and will not assume any obligation to provide you with notice of any change to these Terms and Conditions. Unless accepted by the Site in writing, these Terms and Conditions may not be amended by you.
The Site makes no representation that the Sites or any of the Materials contained therein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access the Sites from such locations do this on their own initiative and are solely responsible for compliance with all applicable local laws.
XVI. Questions and Contact Information
All questions to Company regarding these terms and conditions must be directed to: