The following document is presented in its original language.
Please read the following Terms & Conditions carefully
- By entering and using the site Sexier.com (the 'Site') you agree to be bound by these Terms and Conditions. These terms and conditions are a binding agreement between you and I.M.L. SLU, a company organized under the laws of the Principality of Andorra and whose principal office is at Edifici Burge's Planta 3, Avinguda St. Antoni 27, La Massana AD 400 Principat d'Andorra (the 'Operator').
- The Operator is engaged in the business of providing agency and facilitation services to Models ('Models'), on the basis of which Models provide Model Services (as defined below) to members of the Site ('you' or 'Members'), and of selling credit to Members which may be used to purchase such Model Services from Models ('Sexier.com Credit'). The price of Sexier.com Credit is displayed to the Member upon purchase thereof. Models may use the Operator's video/audio/text chat communications system ('Chat System'), including a certain internet communications application (the 'Application') in order to chat with you in the event that you choose to receive information/content from them. Each time you wish to do so, you must enter into a Model-Member Agreement, the form of which is available here ('Model-Member Agreement'). Via the directory of Models located on the Site (the 'Directory'), Members are able to initiate contact with Models (including in scheduled sessions) from whom they wish to receive information/content. Where the Model accepts the Members into a Model-Member Chat Session ('MMCS'), the Application enables the Model to connect through the internet with the computer of the Member and provide information/content via audio/video (and text) chat. A Member may also elect to chat via audio/video (or text) directly to the Model. In certain cases, more than one Member can be connected to a certain Model at the same time It is clarified that every MMCS shall be subject to a Model-Member Agreement, including with respect to the services provided by any Model to you under the terms of such Model-Member Agreement in such MMCS using the Chat System and/or the Application or other Site services/features subject to such Model-Member Agreement (all of the foregoing, the 'Model Services'), all as is more fully detailed in the Model-Member Agreement entered into by the Model and each Member at the commencement of each MMCS.
- It is clarified that all such Model Services are provided solely by and are the sole responsibility of the applicable Model, and that the Operator is not the provider of any such Model Services to any Member. On the Site, you are able to purchase from the Operator, in accordance with these Terms & Conditions, Sexier.com Credit. Sexier.com Credit expires 30 days from the date of purchase or after such shorter period as may be set out in these Terms & Conditions, at which time any funds used to purchase Sexier.com Credit shall be forfeited to the Operator and shall not be refunded. It is clarified that neither Sexier.com Credit will grant you any rights and/or credits to any of the Site's affiliated sites; and that Sexier.com Credit is solely a payment method and does not constitute a good, service or right in itself.
- These Terms and Conditions comprise the entire agreement between the Operator and you, superseding any prior agreements between the Operator or any predecessor Operator and you. Please note that you may be subject to additional rules and regulations that may apply when you use specific features on the Site, as well as any Model-Member Agreement in connection with your receipt of Model Services. The Operator, acting as agent on behalf of any particular Model or any and all Models who are or may be registered on the Site as Models during the applicable period of time (the 'Community of Models') shall vigorously enforce all these rules and regulations.
- These Terms and Conditions contain disclaimers (including inter alia at Sections 7, 8, 9 and 10) as well as exclusive remedy provisions (including inter alia at Section 8).
- The Operator may, from time to time, change the Terms and Conditions. In addition, the Operator may, from time to time, in its capacity as agent of the Community of Models, change the form of Model-Member Agreement, including with respect to billing by Models and payment of Models by Members by way of redemption of Sexier.com Credit. You agree to review the Terms and Conditions, the applicable Model-Member Agreement and the relevant rules and regulations periodically and to be updated of such changes. In case you do not wish to remain a member due to the change in the Terms and Conditions, the applicable Model-Member Agreement or the relevant rules and regulations, you may terminate your membership as provided herein. Please note that your continued use of the Site and any Model Services following any change to the Terms and Conditions, the applicable Model-Member Agreement or the relevant rules and regulations, constitutes acceptance of all such changes.
- You acknowledge and agree that the Site is an audio/video (and text) chat platform intended to fulfill user fantasies in an online environment and is not intended to develop relationships outside of the Site. Should such relationships, including but not limited to bypassing our billing system and/or transferring money outside of the site occur, it is the sole responsibility of the parties involved.
- Campaigns - The Operator in its capacity as agent of the Community of Models may change any campaign rules at any time, with no prior notice needed, even without cause. All campaigns are subject to these Terms and Conditions.
- You acknowledge and agree that the Operator does not and cannot control the information and content transmitted by Models or the information and content transmitted by you in any MMCS.
- In respect of 18 U.S.C. 2257, please see our 2257 statement which you can also reach via our home page.
- The Operator makes the Site available to you at the request of, and in its capacity as the agent of, the Community of Models. As such, whilst you may access some parts of the Site for free, certain parts of the Site (including participation in any MMCS) and some of the features and services thereon are not necessarily free of charge, and may be subject to a Model-Member Agreement.
Member's Account and Account Information
- You certify to the Operator, both on its own account and in its capacity as agent of the Community of Models, that you are at least 18 years of age. You hereby agree to provide the Operator with true, complete and up-to-date information regarding your registration and billing information. Any Member providing the Operator with information that is not true, complete and up-to-date shall not be permitted to continue to use the Site or participate in any MMCS, and may be subject to civil and criminal liability.
- Every new Member chooses a password and a screen name at time of registration. Please note that you should choose your name carefully and you may not choose or use a screen name of another person, a name that is violating a third party's intellectual property rights or a screen name that is offensive or inappropriate.
- It is clarified that the Operator owns all screen names used on the Site.
- You hereby acknowledge and agree that the Operator may collect certain information and data from your computer which will enable it to recognize some of your personal details and to improve the fraud prevention of the Operator’s websites.
- You also agree to provide the Operator with a valid email address for Site verification purposes and for services quality assurance. This means that the Operator can send you verification emails and also emails from the message center which any Model has requested that the Operator convey to you. By becoming a registered member in Sexier.com, you agree to receive commercial emails from Sexier.com about the services and products of the site and its partners.
- You are solely and entirely liable for all of the activities on the Site, including in any MMCS, conducted through your account. Please note that as a Member you may not permit any other person to use your account. You must keep your user name / password strictly confidential and may not disclose them to any person. You may not assign or transfer any of your rights or obligations under these Terms and Conditions or under any Model-Member Agreement, your username or your password, to any other person or entity. You must promptly inform the Operator of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a username or password.
- Members who are not permitted to continue to use the Site or participate in any MMCS may not access the Site or receive any Model Services without the prior express written permission of the Operator.
- Cancellation of your Member account:
You may cancel your Member account on the Site, at any time, by going to: Sexier.com/unsubscribe. In all cases of cancellation of your Member account you will remain liable for all payments due on your Member account as well as any liabilities arising from these Terms and Conditions or any Model-Member Agreement. In case of cancellation of your Member account for any reason, any outstanding Sexier.com Credit that you have will immediately expire and be forfeited to the Operator, and no such payment previously made to purchase Sexier.com Credit will be credited or reimbursed to you.
- Termination of your Member account:
The Operator reserves the right to cause you to cease using the Site and/or participating in any MMCS, at any time, and may delete your Member account. Furthermore, in the event that the Site and/or the provision of Model Services is terminated or suspended, all Member accounts (of all kinds) will be terminated immediately without any prior notifications from the Operator. In any such case, you will remain liable for all payments due from your Member account as well as any other liabilities arising under these Terms and Conditions or any Model-Member Agreement. In case of termination of your Member account for any reason, any outstanding Sexier.com Credit that you have will expire and be forfeited to the Operator, and no such payment previously made to purchase Sexier.com Credit will be credited or reimbursed to you.
Charges, Billing and Payments
- The Operator does not charge Members any basic fee to use the Site or to download or use the User Software. However, Models may charge Members for Model Services and other features on the Site, in accordance with the terms of the applicable Model-Member Agreement. The applicable rates or the methods by which the applicable rates are determined are generally described on the Site at the location from which you enter a paying service.
- You are able to see all of your records of usage of Model Services and other features of the Site as well as the status of your Sexier.com Credit on the Site. For billing inquiries, please contact the Operator’s customer service at: contactus.
- You may choose to purchase Sexier.com Credit in accordance with these Terms & Conditions by credit card, by check, by money wires directly to the Operator’s bank account or by prepaid payment through third parties. Credit card charges are processed via one of the Operator’s third party processors (CCBill, Epoch), which are fully secured and guaranteed to ensure your absolute privacy and reliability in the amount charged. For users paying with Visa, credit charges will appear on credit statements from the company which is processing the account. Please note that your bank may charge you an additional service fee in connection with the transaction. This fee is not charged by the Operator. Details of the Operator’s bank account for money wires can be found on the Site. Please note that your credit card issuer agreement governs your use of your designated credit card in connection with the Site. You must refer to that agreement and not these Terms and Conditions regarding your rights and liabilities as a credit card holder. You hereby agree that the Operator may, at its own discretion, accumulate your charges. If you want to see the components of your accumulated charges, you are able to do so on the Site.
- You are (and the Operator is not) responsible for all charges associated with connecting to the Site.
- Please note that in any case of a charge back occurring from your credit card with regard to the purchase of Sexier.com Credit, the Operator shall be entitled to cause you to cease using the Site and obtaining any Model Services, and to terminate your Member account immediately. If you have any questions regarding one or more of the transactions and/or regarding usage of the Site, please feel free to contact the Operator’s customer service at: contactus.
The basic policy of the Operator (in its capacity as agent of the Community of Models) is not to arrange for any refunds from Models to Members unless specific extraordinary circumstances apply. In some cases, the Operator (in its capacity as agent of the Community of Models) may issue refunds to Members that approach the Operator, in the form of Sexier.com Credit.
- Refunds can't be made by cash or check.
- Please note that in the case of cancellation or other closure or termination of your account, all Sexier.com Credit will immediately expire and be forfeited to the Operator, and you will not receive any or other reimbursement.
- In order to enable the Community of Models to provide Model Services through the agency of the Operator and to facilitate the provision of agency and facilitation services by the Operator to the Models, you agree as follows:
- You do not have any ownership or proprietary interest or claim in any of the information and content (in any format whatsoever) on the Site or transmitted pursuant to provision of the Model Services. All such information and content is either owned by the Operator or the various Models (as the case may be) and is subject to any agreement as to ownership thereof between the Operator and the Models). Any content provided by you is hereby licensed by you to the Operator pursuant to Section 4(C) below, and you shall have no claims, demands or suits in this respect.
- It is clarified that the Operator does not prescreen and is not responsible for the content and information published and/or displayed pursuant to the provision of any Model Services (including in any MMCS) or other features of the Site. However, the Operator shall have the right to remove content. In addition, the Operator shall be entitled to cause you to cease using the Site and obtaining any Model Services, and to terminate your Member account immediately, in the event that the Operator deems that any content transmitted in an MMCS in which you participated or any content with which you are otherwise connected is harmful, offensive or otherwise violates these Terms and Conditions.
- All materials on the Site, including pursuant to the provision of any Model Services, are proprietary, constitute valuable intellectual property, are copyrighted and are protected under treaty provisions and worldwide copyright laws, and may not be reproduced, copied, edited, published, transmitted or uploaded in any way without written permission from the Operator. By submitting content and/or information to any "public area" on the Site, such as forums, message centers and entering a Video Chat room you grant the Operator the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content and/or the information and/or to incorporate it in other works in any form, media or technology, for the full term of any rights that may exist in such content.
- The names "Sexier" and "Sexier.com" are protected by trademark law as are other brand names on the Site.
- Please note that some of the features of the Site and Model Services may contain content that is inappropriate for minors. You acknowledge that the Operator cannot, and does not intend to, screen information and content transmitted on the Site or pursuant to the provision of the Model Services, in advance. Therefore, the Operator shall not be held liable for any of the content provided by Members and/or Models on the Site or pursuant to provision of the Model Services. However, the Operator may, at its sole discretion, choose to monitor some or all of the content.
- It is hereby clarified that in any event that the Operator decides that any conduct by a Member restricts or inhibits any other Member and/or Model, person or entity from using or enjoying the Site or any Model Services, the Operator shall be entitled to cause you to cease using the Site and obtaining any Model Services, and to terminate your Member account immediately.
- You are hereby committed to use the Site and any Model Services for lawful purposes only. Under no circumstances will you use the Site and/or any Model Services and/or your account to do the following:
- Promote or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, hateful, racially, ethnically or otherwise objectionable content; including, but not necessarily limited to, bestiality, incest, extreme sado-masochism or bondage presented in a sexual context, defecation in conjunction with a sex act, urination in conjunction with a sex act, violence, or any presentation of minors engaged in intimate physical contact or sexual situations, acted or depicted;
- Harass, embarrass, or cause distress, unwanted attention or discomfort upon another Member and/or Model and/or user of the Site or any other person or entity;
- Disturb any other Member and/or Model while on the Site;
- Impersonate any person or entity, including but not limited to a minor or an official representative of the Operator;
- Post or transmit, or cause to be posted or transmitted on the Site or pursuant to any of the Model Services any materials advertising any business other than the Site; or
Seek to obtain any password, account, or private financial information from any Member and/or Model.
EMAILS AND SPAM
AS A RESPONSIBLE MEMBER OF THE CYBER COMMUNITY THE OPERATOR MAINTAINS A STRICT POLICYFORBIDDING ANY THIRD PARTY FROM SENDING ANY SORT OF PROMOTIONAL EMAILS ON BEHALF OF THE OPERATOR OR THE SITE – SOLICITED OR UNSOLICITED. THIS MEANS WE GO BEYOND MERELY PROHIBITING SPAMMING. TO MAKE THINGS EVEN CLEARER FOR EVERYBODY WE DON'T LET ANYBODY ELSE SEND ANY EMAILS ON OUR BEHALF. MOREOVER, THE OPERATOR ITSELF ONLY SENDS EMAILS TO PERSONS WHO HAVE REGISTERED ON THE SITE. THESE TWO POLICIES MAKE UP OUR STRONG "ANTI-SPAM POLICY". We do allow Members to send a very small number of emails to friends and family via the Site. Although this function is very limited, i.e., it is not possible to transmit commercial quantities of emails via this function, abuse will nevertheless not be tolerated. Abuse of this function will result in the Operator causing you to cease using the Site and obtaining any Model Services, and terminating your Member account immediately. Please see our Anti-Spam Policy for further information including details of how to report violations of these policies – anti-spam-policy.
The Site is designed such that a user wishing to visit portions of the Site potentially including adult content will be warned that he/she must be of age because he/she is entering an 'adult' area. The act of placing a web page (URL) into a temporary file on your browser so that the you may return to that page at a future date directly, without passing through any pages that may have been precedent ('bookmarking') may under certain circumstances result in the bypass of these warnings. Use of such bookmarks constitutes agreement by you that such warnings may be bypassed. Bookmarking may also cause you to bypass links to these Terms and Conditions and/or any Model-Member Agreement. You hereby agree that use of such bookmarks to enter into the Site constitutes acceptance of the Terms and Conditions and any applicable Model-Member Agreement.
DISCLAIMER OF WARRANTIES
THE SITE AND ANY MODEL SERVICES UNDER A MODEL-MEMBER AGREEMENT ARE PROVIDED TO YOU "AS IS", "WITH ALL FAULTS", "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED AND TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (I) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CAPABILITIES, SECURITY, TIMELINESS, USEFULNESS OR CONTENT OF THE SITE AND ANY MODEL SERVICES OR THE ABILITY OF THE SITE OR ANY MODEL SERVICES TO INTEROPERATE OR INTEGRATE WITH ANY THIRD PARTY PRODUCTS SUCH AS SOFTWARE OR HARDWARE; (II) ANY WARRANTIES RESULTING FROM A COURSE OF DEALING OR USAGE OF TRADE (III) ANY WARRANTIES WITH REGARD TO THE ACCURACY OR COMPLETENESS OF OR ERRORS IN THE CONTENTS OR FUNCTIONING OF OR THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM THE USE OF THE SITE OR ANY MODEL SERVICES; (IV) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND (IV) ANY WARRANTIES REGARDING THE RIGHTS AND TITLE OF THE OPERATOR IN THE SITE AND ANY MODEL SERVICES, OR ANY WARRANTY THAT THE SITE OR ANY MODEL SERVICES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED TO YOU OR TO ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, AS A RESULT OF ANY FAILURE OF PERFORMANCE, BUG, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION, INACCESSIBILITY OR LOSS OF, OR USE OF DATA, INFORMATION AND/OR RECORDS, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. WE SPECIFICALLY DO NOT WARRANT OR GUARANTEE (1) THAT THE SITE OR ANY MODEL SERVICES OR ANY PORTION THEREOF WILL BE FREE OF INFECTION BY VIRUSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PR OPERTIES, OR (2) THAT THE FUNCTIONS PERFORMED BY THE SITE OR ANY MODEL SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE OR ANY MODEL SERVICES WILL BE CORRECTED. IT IS YOUR SOLE RESPONSIBILITY TO EXECUTE ANTI-CONTAMINATION/VIRUS SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT THE SITE AND ANY MODEL SERVICES, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE OPERATOR OR ITS AFFILIATES OR SUPPLIERS OR THE OPERATOR'S/ITS AFFILIATES'/SUPPLIERS' OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR TO ANY THIRD PARTY WHATSOEVER FOR ANY DAMAGE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS, OR VANDALISM OR THEFT OF PROGRAMS OR INFORMATION, AND ANY OTHER KIND OF DAMAGE), OR ANY OTHER DAMAGES ARISING IN CONNECTION WITH OR IN ANY WAY OUT OF THE AVAILABILITY OR USE OF, RELIANCE ON, OR INABILITY TO USE, THE SITE OR ANY MODEL SERVICES, EVEN IF THE OPERATOR OR ANY MODEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MODEL SERVICES OR YOU HAVE ANY DISPUTE WITH THE OPERATOR OR ANY MODEL IN CONNECTION WITH THE SAME OR THESE TERMS AND CONDITIONS THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SITE AND THE MODEL SERVICES (AND UNINSTALL THE USER SOFTWARE).
THIRD PARTY LINKS AND PRODUCTS
Via or in connection with the site and the communication services we may provide you with links to sites, and offers for products and services, of third parties. we have no control over such sites or over such products and services. we are not responsible for and do not endorse (a) the content of such third party sites, (b) the products or services offered by such third parties or (c) the privacy and other practices of such third parties. nor are we responsible for the availability of such sites or products or services offered by such third parties.
ADULT ACTIVITIES (Live Sex Chat Category)
PARTS OF THIS SITE AND COMMUNICATION SERVICES ARE DESIGNED AND INTENDED SOLELY FOR CONSENTING ADULTS - WHO ARE AT LEAST 18 YEARS OLD (21 IN AL, MS, NE, WY, AND THE AGE OF MAJORITY IN ANY OTHER LOCATION WHERE 18 IS NOT THE AGE OF MAJORITY) WHO ARE INTERESTED IN AND WISH TO HAVE ACCESS TO VISUAL IMAGES, VERBAL DESCRIPTIONS, AUDIO SOUNDS AND OTHER FEATURES AND/OR PRODUCTS OF A SEXUALLY ORIENTED, FRANKLY EROTIC NATURE. THE MATERIALS (INCLUDING ANY PRODUCTS, FEATURES OR SERVICES) WHICH ARE AVAILABLE WITHIN THIS SITE AND VIA THE MODEL SERVICES MAY INCLUDE GRAPHIC VISUAL DEPICTIONS AND DESCRIPTIONS OF NUDITY AND SEXUAL ACTIVITY AND SHOULD NOT BE ACCESSED BY ANYONE YOUNGER THAN 18 YEARS OLD (21 IN AL, MS, NE, WY, AND ANY THE AGE OF MAJORITY IN ANY OTHER LOCATION WHERE 18 IS NOT THE AGE OF MAJORITY) OR WHO IS OFFENDED BY SUCH MATERIALS OR WHO DOES NOT WISH TO BE EXPOSED TO SUCH MATERIALS. BY JOINING THE SITE YOU ARE MAKING THE FOLLOWING STATEMENTS:
"UNDER PENALTY OF PERJURY, I SWEAR/AFFIRM THAT AS OF THIS MOMENT, I AM AN ADULT, AT LEAST 18 YEARS OF AGE (21 IN AL, MS, NE, WY, AND THE AGE OF MAJORITY IN ANY OTHER LOCATION WHERE 18 IS NOT THE AGE OF MAJORITY). I PROMISE THAT I WILL NOT PERMIT ANY PERSON(S) UNDER 18 YEARS OF AGE (21 IN AL, MS, NE, WY, AND THE AGE OF MAJORITY IN ANY OTHER LOCATION WHERE 18 IS NOT THE AGE OF MAJORITY) TO HAVE ACCESS TO ANY OF THE MATERIALS (INCLUDING ANY PRODUCTS OR FEATURES) CONTAINED WITHIN THIS SITE OR VIA THE MODEL SERVICES. I UNDERSTAND THAT WHEN I GAIN ACCESS TO THIS SITE AND THE MODEL SERVICES, I WILL BE EXPOSED TO VISUAL IMAGES, VERBAL DESCRIPTIONS AUDIO SOUNDS AND OTHER FEATURES AND/OR PRODUCTS OF A SEXUALLY ORIENTED, FRANKLY EROTIC NATURE, WHICH MAY INCLUDE GRAPHIC VISUAL DEPICTIONS AND DESCRIPTIONS OF NUDITY AND SEXUAL ACTIVITY. I AM VOLUNTARILY CHOOSING TO DO SO, BECAUSE I WANT TO VIEW, READ AND/OR HEAR THE VARIOUS MATERIALS AND/OR ORDER AND ENJOY THE USE OF SUCH PRODUCTS OR FEATURES, WHICH ARE AVAILABLE, FOR MY OWN PERSONAL ENJOYMENT, INFORMATION AND/OR EDUCATION. MY CHOICE IS A MANIFESTATION OF MY INTEREST IN SEXUAL MATTERS WHICH, I BELIEVE, IS BOTH HEALTHY AND NORMAL AND WHICH, IN MY EXPERIENCE, IS GENERALLY SHARED BY AVERAGE ADULTS IN MY COMMUNITY. I AM FAMILIAR WITH THE STANDARDS IN MY COMMUNITY REGARDING THE ACCEPTANCE OF SUCH SEXUALLY ORIENTED MATERIALS, AND THE MATERIALS I EXPECT TO ENCOUNTER ARE WITHIN THOSE STANDARDS. IN MY JUDGEMENT, THE AVERAGE ADULT IN MY COMMUNITY ACCEPTS THE CONSUMPTION OF SUCH MATERIALS BY WILLING ADULTS IN CIRCUMSTANCES SUCH AS THIS WHICH OFFER REASONABLE INSULATION FROM THE MATERIALS FOR MINORS AND UNWILLING ADULTS, AND WILL NOT FIND SUCH MATERIALS TO APPEAL TO A PRURIENT INTEREST OR TO BE PATENTLY OFFENSIVE. I FURTHER REPRESENT AND WARRANT THAT I HAVE NOT NOTIFIED ANY GOVERNMENTAL AGENCY, INCLUDING THE U.S. POSTAL SERVICE, THAT I DO NOT WISH TO RECEIVE SEXUALLY ORIENTED MATERIAL."
The Site and Model services may not be accessed, viewed, downloaded or otherwise received in any country or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom. without derogating from the above, the operator may restrict or deny access to the site to members in any country or location at any time at its sole discretion, and shall not be held liable in any way by any member (including in connection with loss of Sexier.com Credits) in such respect.
You shall indemnify and hold the Operator, the owners and operators of the Operator and the Site as well as their officers, directors and employees harmless, against any and all expenses and/or losses, including reasonable attorney fees, incurred by the Operator in connection with any claims of any kind, that result directly or indirectly from your activities in connection with the Operator including without limitation on the Site or via the Model Services. Such claims shall include, without limitation, claims in respect of any violation of law in any MMCS.
Notices by the Operator to you may be given by means of electronic messages through the Site, by a general posting on the Site, or by conventional email. Notices by you to the Operator may be given by electronic messages, conventional mail, telephone or fax unless otherwise specified in these Terms and Conditions.
To the extent that a court of competent jurisdiction determines that any specific term or terms of these Terms and Conditions is/are unenforceable, the other terms of these Terms and Conditions will continue in full force and effect.
No employee, agent or representative, including without limitation any customer service representative, of the Operator or any Model shall be entitled to waive any term of these Terms & Conditions.
Headers of sections in these Terms & Conditions are included for convenience only and shall not be used to interpret these Terms & Conditions.
This Agreement shall be governed by and construed in accordance with the laws of the Principality of Andorra, without giving effect to the principles thereof relating to conflict of laws.