Website Terms & Conditions of Use

EROTIC STAR PRODUCTIONS � WEBSITE TERMS AND CONDITIONS OF USE

Website Terms & Conditions of Use

EROTIC STAR PRODUCTIONS – WEBSITE TERMS AND CONDITIONS OF USE

This Erotic Star website, located at http://www.eroticstarsearch.com (“the Site”) is owned and operated by Erotic Star Productions Pty Ltd (ACN 117 914 806) (“ESP”). Your access and use of this Site is conditional upon your acceptance and compliance with the following terms and conditions (“Terms of Use”). If you do not agree with any of the Terms of Use, you should leave the Site immediately.

1. Proof of Age: By accepting these Terms of Use you warrant that you are aged 18 years or older and that the information you provided in the [Registration Form] as to proof of your age is accurate.

2. Prevention of Access to Minors: You acknowledge that some content on the Site may be unsuitable for minors. To the extent within your reasonable control, we request that you take steps to prevent access by minors to this Site by installation of filtering software, controlling access to your computer, supervision or other means.

3. Account: You are required to create a login account (Account) to access certain parts of this Site. Your Account will be accessed with a username and password. You must keep your Account details confidential and you will be liable for all transactions through your Account except to the extent that we can reasonably establish such transactions have been carried out fraudulently or as a result of a system error accepted as such by ESP.

4. Additional Terms and Conditions: There are certain circumstances in which you will be asked to agree to terms and conditions in addition to those appearing here, including but not limited to:
(a) purchasing a product from the ESP Official Merchandise page;
(b) entering into any competitions run on the ESP Site; or
(c) participating in interactive forums
(d) casting a vote for your favourite Erotic Star candidate using the SMS voting service.

The terms and conditions listed above are in addition to the Terms of Use and should be read in conjunction with these Terms of Use.

5. Conditions of Use: In accessing or using the Site, it is a condition of your use that you agree:
(a) you will not use the Site in any way that may lead to the soliciting, procurement, encouragement or the implementation of any criminal offence or otherwise constitute unlawful activity;
(b) you will not restrict, prevent, inhibit or inconvenience any other user in their use or enjoyment of the Site;
(c) you will not post or transmit any unlawful, threatening, harassing, abusive, libellous, defamatory, offensive, obscene, discriminatory, profane or indecent information of any kind, including but not limited to images and text, on any area of the Site, including bulletin boards, chat rooms and forums;
(d) you will not post or transmit any message, by any means, that solicits or encourages any gambling activity, pyramid scheme, chain mail, junk email, unsolicited messages, “spamming”, contests, surveys, advertising, marketing or promotion, nor use the Site for any purpose other than your personal, non-commercial use;
(e) you will not transmit or upload any information, software or other material which may cause damage to our systems or equipment or those of third parties, including but not limited to viruses, and malicious software;
(f) you will not attempt to gain unauthorized access to the account of any other user, or to the administrator of this Site, through password mining, hacking, or by any other means;
(g) you will not transmit or upload any information, software or any other material that infringes the rights of any third parties, including material which is protected by copyright, trademark or other proprietary rights, without first obtaining the permission, right or licence to such use from the owner or rights holder;
(h) you must comply with the restrictions on your use of this Site contained in these Terms of Use;
(i) ESP reserves the right to cancel, suspend, restrict or terminate your access to the Site at any time and for any reason at the sole discretion of ESP;
(j) ESP reserves the right to edit or remove any content that is posted by you, for any reason at the sole discretion of ESP, including content which, in the opinion of ESP, is or may be unlawful, threatening, harassing, abusive, libellous, defamatory, offensive, obscene, discriminatory, profane or indecent, false or misleading, or breaches any intellectual property rights of ESP or any third party;
(k) you will compensate and indemnify ESP from any claim either at law or in equity made by a third party in respect of any matter in relation to or arising from your use of the Site, including but not limited to any breach or attempted breach of these Terms of Use or your infringement of any law or the rights of a third party; and
(l) ESP does not endorse and is not responsible for any information or material posted by another user which may be unlawful, threatening, harassing, abusive, libellous, defamatory, offensive, obscene, discriminatory, profane or indecent, false or misleading, or which breaches any intellectual property rights of ESP or any third party. Any information or material posted or uploaded by another user does not represent the opinions or beliefs of ESP.

6. Protection of Rights: The material contained on or otherwise made available throughout the Site (the “Content”) including but not limited to all information, text, images, audio and/or video, graphics and advertisements and the software, including but not limited to any images or files incorporated in or generated by the software or data accompanying such software (the “Software”), are owned and/or controlled by ESP, its suppliers or licensors unless expressly indicated otherwise on the Site. The Content is protected by Australian and international intellectual property laws, including but not limited to copyright and trademark. The Content and the Software must not be modified, copied, reproduced, republished, framed, uploaded to a third party, posted, transmitted or distributed in any way, except as expressly provided on the Site or by the relevant third party rights holder or owner. On the strict condition that you do not in any way alter, adapt or create a derivative work from the Content or Software presented on the Site, you may, using an industry-standard web-browser, download and view the Content for your own personal, non-commercial home use. The use or reproduction of any of the names, trademarks, images or logos identifying ESP, our suppliers or licensors or any third parties, is strictly prohibited unless express written permission is obtained from ESP or the relevant third party rights owner or holder. Nothing contained in this Site is to be construed as granting a licence to use or reproduce any of the names, trademarks, images or logos displayed on the Site without such express permission.

7. Interactive Participation: This Site contains provision for interactive participation between users and the Site, such as bulletin boards, chat rooms and forums (the “Interactive Participation Facility”). It is a condition of your use of the Site that you comply with the Conditions of Use outlined at paragraph 5 above. By engaging in the Interactive Participation Facility, you agree that:
(a) any information or material, of any nature, that you post, will not be confidential;
(b) ESP is the owner of all rights throughout the world in perpetuity in your contributions, and in all proceeds attained as a result of your contributions;
(c) ESP may use such information or material for any purpose, including but not limited to, reproduction, disclosure to third parties, broadcasting, transmission, posting or otherwise at ESP’s absolute discretion;
(d) you must comply with any additional terms and conditions, policies and guidelines on this Site that relate to such Interactive Participation Facility; and
(e) you will not make any claim for any remuneration in respect of the exploitation of such rights.

8. Links to Other Sites: This Site contains links to other sites which are not operated by ESP. ESP has no control over the content or any links contained in a linked website. If you choose to visit any linked website, you do so at your own risk and it is your responsibility to take precautions in safeguarding your computer against viruses, “hackers”, and other destructive devices. Links to third party websites are provided by ESP for your convenience only, and the appearance of such links does not amount to endorsement of any of its contents by ESP or any of ESP’s affiliates. ESP accepts no responsibility for the quality or accuracy of any information, material, content, product or service provided by or advertised on any third party linked website. Any advertising, marketing or endorsement provided on any third party linked website are not recommendations or endorsements by ESP of the products or services being offered for sale. Under no circumstances will ESP be liable for loss or damage arising from the exhibition, distribution or publication of any information, material or content contained in a third party linked website.

9. Remedies: With the exception of those rights and remedies available to you which cannot be excluded by law, ESP, its employees and affiliates are not liable for any loss or damage arising, whether directly or indirectly, from your access and use of the Site. Your access and use of the Site is at your own risk. You further acknowledge that ESP, its employees and affiliates are not liable for any defamatory, offensive or illegal conduct on the part of any user. All Content on the Site is provided “as is”, without any warranties of any kind, whether express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. ESP does not warrant or make any representations of any kind with respect to the Content, the Interactive Participation Facility or any other feature or function of the Site, including without limitation:
(a) that your access to the Site will be uninterrupted or error-free;
(b) that any defects will be corrected; and/or
(c) that the Site, any files you download or the server which transmits Content to you is free of any viruses or other harmful components.

ESP reserves the right to amend, terminate, suspend, cancel or discontinue any aspect, function or feature of this Site at any time, without notice or liability. To the extent permitted by law, ESP’s liability for all implied warranties and conditions which cannot be excluded is limited to the following:
(a) in the case of services supplied or offered by ESP:
(i) the supply of the services again; or
(ii) the cost of having the services supplied again; and
(b) in the case of goods supplied or offered by ESP:
(i) the replacement of the goods or the supply of equivalent goods; or
(ii) the repair of such goods; or
(iii) the cost of replacing the goods or acquiring equivalent goods; or
(iv) the cost of having the goods repaired.

You agree to indemnify ESP and ESP’s affiliates against all claims, damages, expenses, costs and liabilities arising from your access and use of this Site which is not in accordance with these Terms of Use.

10. Privacy Policy: You are urged to read the Privacy Policy appearing on this Site. There you will find information on the type of information we will collect from you when you use this site, how we may use that information, whether we may disclose such information to a third party, and your ability to update or correct such information.

11. Enforceability: Any provision of these Terms of Use which is prohibited or unenforceable in whole or in part is ineffective only to the extent of the prohibition or unenforceability and this does not invalidate the remaining parts of the relevant provisions or the other provisions of these Terms of Use.

12. Termination: These Terms of Use remain in effect until and unless terminated by ESP. ESP may terminate these Terms of Use and your access to the Site at any time and without notice. Should these Terms of Use be terminated, your access to the Site will no longer be authorized, but clauses [INSERT NUMBER/S] survive termination of these Terms of Use.

13. Force Majeure: ESP shall not be liable for any failure, suspension or termination of access to the Site or any content in connection with or arising out of a “force majeure” event, namely strikes, lock-outs, or other labour disputes, riots, civil disturbance, actions or inaction of governmental authorities or suppliers, epidemics, wars, embargoes, storms, floods, fires, earthquakes, acts of God or the public enemy, computer downtime, nuclear disasters or default of a common carrier.

14. Site Updates: ESP reserves the right to update, amend, add to or modify these Terms of Use at any time. Amendments to these Terms of Use will be posted on this Site from time to time. It is your responsibility to review these Terms of Use regularly in order to stay informed of the terms regulating your use of this Site.

15. Governing Law: The terms of these Terms of Use are governed by and construed in accordance with the laws of the State of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia.

16. Contact: If you have any questions, queries or complaints regarding these Terms of Use, you can email us at Contact Page.