Terms and Conditions of Use Agreement
PLEASE NOTE: THE USER MUST BE 18 YEARS OLD OR OLDER TO PARTICIPATE ON OUR WEBSITE.
BY USING THIS WEBSITE THE USER AGREE THAT THE USER HAVE READ AND AGREE TO ABIDE BY THE TERMS AND CONDITIONS. Please review the following terms and conditions carefully, and check them periodically for changes. Erotic Elation LLC maintains this web Website and by using our Website the User agree to comply with and be bound by the terms and conditions contained herein. If the you (herein after referred to as “the User”), do not agree to the terms and conditions, the User should not obtain goods, services or products from this Website or review any information contained herein.
1. Acceptance of Agreement:
This Agreement constitutes the entire and only agreement between the User and Erotic Elation LLC, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website, the content, products or services provided by or through the Website, and the subject matter of this Agreement. This Agreement may be amended by Erotic Elation LLC at any time without specific notice to the User. It is the User’s responsibility to ensure they review this Agreement prior to its use.
2. Usage By Individuals Under 18:
Parents or guardians are responsible for supervising and restricting children and adolescents as to which materials are appropriate for them to view. Erotic Elation LLC requires that all purchases be made by individuals over 18 years of age.
3. Trademarks:
All trademarks or service marks of Erotic Elation LLC and its affiliates and may not be used without prior written consent of Erotic Elation LLC.
4. Copyright:
The Website content, software, organization, graphics, design, compilation, magnetic translation, flash presentations, photographs, sounds, digital conversion, type faces and other matters related to the Website are valid and are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. Copying, redistribution, use or publication by the User of any such matters or any part of the Website is strictly prohibited. The User does not acquire ownership rights to any content, document, or other materials viewed through the Website even through the purchase of products depicting such materials from the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials. User may make copies of Content for personal use only. All Content is copyrighted as a collective work under U.S. and international law. The User may not modify, publish, transmit or in any way exploit, in whole or in part, any of the Content.
5. Payments:
The User represents and warrants that if the User purchases something from Erotic Elation LLC that any credit card information the User supplies is true, correct and complete, charges incurred by the User will be honored by the User’s credit card company, and that the User will pay the charges incurred by the User at the posted prices, including any shipping fees and applicable taxes. Any disputes will abide Erotic Elation LLC’s Cancellation and Return Policy.
6. Pricing and Content Information:
It is Erotic Elation LLC intention to provide accurate pricing information on the website, however from time to time pricing and/or typographical errors and software glitches may occur affecting the accuracy of the pricing and website content information. As such, Erotic Elation LLC cannot confirm the price of an item until after the User has placed the order. In the event that pricing error has occurred, Erotic Elation LLC shall have the right, at Erotic Elation LLC sole discretion, to refuse or cancel any orders placed for that item. Errors in pricing and content information will be corrected as discovered, and Erotic Elation LLC reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted and whether or not the order has been confirmed and the Users credit card charged. If the Users credit card has been charged for the purchase of the product and the Users order is cancelled, Erotic Elation LLC will issue a credit to the Users credit card account in the amount of the charge. Please note that the Users bank policies will dictate when this amount is credited to the Users account.
7. Cancellation and Return Policy:
Our Cancellation and Return Policy is a part of this Agreement and can be found at EroticElation.com or by requesting same via email at Service@EroticElation.com.
8. Currency:
All monetary amounts referred to on our website are in USD (US Dollars) unless otherwise stated.
9. Editing, Deleting and Modification:
We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Website, including this Agreement, without further notice to users of the Website. Erotic Elation LLC reserves the right to make changes to its Website or these disclaimers, terms and conditions at any time without any notice.
10. Fraud:
By becoming a member, creating an account, and/or placing an order, the User confirms that the information provided in any form on this Website is true and that the User agrees to abide by the Terms and Conditions of use of this Website. Please note that the User’s account can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by Erotic Elation LLC at its sole discretion. If an account has been revoked, Erotic Elation LLC reserves the right to refuse re-activation or creation of new account by the same User.
11. Links to Other Web Websites:
The Website may contain links to other Websites. In such cases, Erotic Elation LLC is not responsible for the content, accuracy or opinions express in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by Erotic Elation LLC. Inclusion of any linked Website on our Website does not imply approval or endorsement of the linked Website by us. If the User decides to leave our Website and access these third-party Websites, the User does so at the User’s own risk.
12. Limits:
We will not be liable to the User for any incidental, special, or consequential damages of any kind that may result from the use of or inability to use our website.
13. Nontransferable:
The User’s right to use the Website is not transferable. Any password or right given to the User to obtain information or documents is not transferable and may only be used by the User.
14. Use of Information:
We reserve the right, and the User authorize us, to the use and assignment of all information regarding Website uses by the User and all information provided by the User in any manner consistent with our Privacy Policy. Our Privacy Policy is a part of this Agreement and can be found at EroticElation.com or by requesting same via email at Service@EroticElation.com.
15. Applicable Law:
This Website is created and controlled by Erotic Elation LLC in the State of Georgia and Georgia laws will govern these disclaimers, terms and conditions. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction in the courts of the State of Georgia and of the United States of America for any litigation arising out of or relating to the use of products purchased through Erotic Elation LLC.
16. Severability:
The provisions of these Terms and Conditions are intended to be severable. For any reason any provision of these Terms and Conditions shall be held invalid, the remaining provisions shall prevail.
17. U.S.C. Section 2257 Notice
All actors, models, actresses and other persons that appear in any visual depiction on this Website were over the age of eighteen years old at the time their image was created. It is rare that this website includes an image of an explicit sexual nature as defined in U.S.C. section 2256 (2) (A) through (D). If an image is considered explicit, we comply with 18 U.S.C. section 2257 maintaining records to insure all actors, models and actresses were over the age of eighteen at the time the image was created.
The records required pursuant to 18 USC 2257 pertaining to this website and all materials depicted herein, are on file with the Custodian of Records:
Administrator
950 Eagles Landing Parkway
Suite 255
Stockbridge, GA 30281
The owners and operators of this Website are not the primary producer (as that term is defined in 18 USC section 2257) of any of the videos or streaming video content sold through or linked through this website.
18. Indemnification:
The User agrees to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to the User’s violation of this Agreement or use of the Website.
19. Disclaimers and Limitations of Liability:
User expressly agrees that the viewing and use of EroticElation.com or any of its affiliate sites is at the User’s own risk. Neither EroticElation.com, Erotic Elation LLC nor its affiliates, or any of their officers, directors, employees, third-party website developers, and merchants make any warranty as to the results that may be obtained from the use of EroticElation.com or as to the accuracy, reliability of any information or products purchased through EroticElation.com.
THE INFORMATION FROM OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS-IS,” “AS AVAILABLE,” BASIS AND EROTIC ELATION LLC MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS WEBSITE. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS AND AS SUCH IT IS THE USER’S RESPONSIBILITY TO ENSURE THE ACCURACY OF THE INFORMATON PROVIDED. EROTIC ELATION LLC AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR THE USER’S USE OF ANY INFORMATION OR SERVICE CONTAINED IN THIS WEBSITE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE TWO PARTIES. THIS WEBSITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM EROTIC ELATION LLC THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.