All persons who appear in any visual depiction contained on eroticbpm.com were 18 (eighteen) years of age or older at the time of the creation of such depictions. The records required by Section 2257 of Title 18 of the United States Code with respect to visual depictions of actual sexually explicit conduct are kept by the custodian of records.
Ki||shot Productions Three Zero Two Four South West Maricara St
Portland, OR. 97219
Email: [email protected]
We do not sell or rent your Email address or any other information entered into your eroticbpm profile to third parties for their marketing purposes. We view protection of users' privacy as very important. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH EROTICBPM.COM OFFERS YOU ACCESS TO OUR SERVICES.
YOU MUST COMPLETELY READ AND AGREE TO THE TERMS OF SERVICE BEFORE USING eroticbpm.COM
This Agreement describes the terms and conditions applicable to your use of our services available under the domain www.eroticbpm.com (the "Site") If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
We may amend or update this Agreement at any time by posting the amended terms on the Site. All amended terms shall automatically be effective immediately after they are initially posted on the Site.
The following definitions apply to the Terms of Service.
The term "User" means any person or entity that (a) downloads, attempts to download or otherwise utilizes any uniform resource locator ("URL") that resides entirely upon a server owned or operated by eroticbpm; (b) Transmits electronic mail, files or other data transmission, information or other matter onto any network owned or operated by eroticbpm or onto the Site (whether via private Transmission or public upload posting); (c) is linked to a URL resource owned or operated by eroticbpm; and (d) contacts, accesses or views eroticbpm or the Site, whether through the use of any telecommunications network or otherwise. The term User includes a Subscriber.
The term "Subscriber" means a User who pays a fee (determined from time to time by eroticbpm in it's sole discretion) and is granted access to certain areas of the Site only after successfully completing login protocols established from time to time by eroticbpm, including without limitation, through the use of an approved User name and password.
The term "Content" means all data, text, software, music, sound, photographs, graphics, messages or other information or materials of any kind.
The term "Services" means all resources (including Content) provided via or available on the Site at any time, including without limitation, and by way of example only, a User's ability to (i) access or view Content, and to login into the Site as a Subscriber and create or change such Subscriber's Registration Data (defined below); (ii) communicate with the Site and other Users via the Site (including without limitation the ability to download or upload Content or other information or material, post messages and participate in groups or forums); and (iii) shop or utilize other available services, including authorizing charges to such User's credit or debit card, checking account or telephone invoice in order to make purchases or pay subscription fees related to the Site.
The term "Site" means the website www.eroticbpm.com.
The term "eroticbpm" is an assumed business name of Ki||shot Productions for the website www.eroticbpm.com.
The term "Transmit" or "Transmission" means when a User uploads, posts, e-mails, transmits or otherwise makes available (directly or indirectly, by act or omission) or communicates any Content or other information or material to the Site, or through such means utilizes a Service available on or through the Site.
SITE CONTENT AND SERVICES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. THE SITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. THE SITE OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR-FREE CONTENT OR SERVICE, CONTINUED OPERATION OF THE SITE OR PROTECTION FROM DELETION, MISDELIVERY OR FAILURE TO STORE INFORMATION, INCLUDING USER COMMUNICATIONS AND PERSONALIZATION SETTINGS. eroticbpm DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR SERVICES CONTAINED ON THE SITE. eroticbpm MAY CHANGE ANY OF THE CONTENT OR INFORMATION DISPLAYED OR LOCATED OR FOUND AT THE SITE AT ANY TIME WITHOUT NOTICE. eroticbpm MAKES NO COMMITMENT TO UPDATE THE CONTENT OR INFORMATION FOUND AT OR DISPLAYED OR LOCATED OR FOUND ON THE SITE. IN NO EVENT SHALL eroticbpm BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ITS CONTENT OR SERVICES, EVEN IF eroticbpm HAS BEEN ADVISED OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO A USER.
By accessing or using the Site, the User certifies that User is eighteen (18) years of age or older (21 years of age in certain locales) (and in any event, User is at least the age of consent (or older) in the jurisdiction from which the Site is being viewed or accessed); that User is familiar with the laws in User's area affecting User's legal right to access the Site or to access erotica or adult-oriented materials; that User has the legal right to such materials and that eroticbpm has the legal right to display or make such materials available to the User; that the User is requesting such materials for the User's own private enjoyment; and, that the User will not, by action or inaction, directly or indirectly, share such materials with or make such materials available to a minor in any manner whatsoever.
If minors are using the same computer as yourself and want to ensure the Site is not accessible to them. Commercially available parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning more about these protections, information is available at http://www.safetysurf.com/ or other analogous sites providing information on such protections. The preceding link is provided for information purposes only, and is not intended as an endorsement of SafetySurf.com's Internet site, services, or policies. eroticbpm is not affiliated with SafetySurf.com.
In consideration of User's access to or use of the Site (whether as a Subscriber, guest or otherwise), the User agrees to: (a) provide true, accurate, current and complete information about the User as prompted by the eroticbpm' registration forms, or any other questionnaire or information input format, which requests information from or about User, and (b) maintain and promptly update such information to keep it true, accurate, current and complete (collectively, such information is sometimes referred to as the "Registration Data"). Without limiting any other matter contained herein, a User's access to or use of the Site may be suspended or terminated (without cost to eroticbpm and without obligation for reimbursement of any fees previously paid by a Subscriber to eroticbpm) for such User's failure to provide or maintain true, accurate, current and complete Registration Data as provided in the Terms of Service.
Each Subscriber is responsible for maintaining the confidentiality of any Subscriber login user name and password (or other identifying information). Each Subscriber is solely responsible for all activities that occur under the Subscriber's login user name or password, and neither the login user name nor password may be assigned or transferred to any other person or entity, voluntarily or involuntarily, by operation of law or otherwise, without the express prior written consent of eroticbpm, which consent may be withheld in eroticbpm' sole discretion. Each Subscriber agrees immediately to notify eroticbpm of any unauthorized use of such Subscriber's name or password, and each User agrees immediately to notify eroticbpm of any unauthorized use any other breach of security with respect to the Site known by such User.
User acknowledges and understands that all content a User Transmits to the Site, whether publicly posted on the Site or privately Transmitted onto or via the Site, is not reviewed or pre-screened by eroticbpm and is the sole responsibility of such User from whom such Content originates or is uploaded. This means that the User, and not eroticbpm, is responsible for all Content that the User Transmits onto or via the Site, whether or not displayed ultimately on the Site. Therefore, eroticbpm does not guarantee the accuracy, integrity or quality of Content Transmitted to the Site by a User, nor does eroticbpm make any representation or other warranty with respect to such Content. Without limitation, and by way of example only,
User understands and acknowledges that by viewing, using or accessing the Site, the User may be exposed to Content that may be considered or deemed offensive, indecent or objectionable.
User agrees to abide by all applicable local, state, national, and international laws and regulations during use of the Service, and agrees not to interfere with the use and enjoyment of the Services by other users or models. User agrees to be solely responsible for the contents of User's private and public communications, whether uploaded, posted, emailed, or otherwise transmitted through the Services.
User agrees: (a) not to use the Services for illegal purposes; (b) not to interfere with or disrupt the Services or servers or networks connected to the Services; (c) to comply with all requirements, procedures, policies, and regulations of networks connected to the Services; (d) not to resell the Services or use of or access to the Services; and (e) to comply with all applicable laws regarding the transmission of technical data exported from the United States.
User agrees not to upload, post, email, or otherwise transmit through the Services: (a) any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent, tortuous, or otherwise objectionable material of any kind; (b) any material that violates the rights of another, including, but not limited to, the intellectual property rights of another; (c) any material that violates any applicable local, state, national, or international law or regulation; or (d) unsolicited or unauthorized advertisements, promotional materials, "junk mail," "spam," "chain letters," or other forms of solicitation. User agrees not to attempt to gain unauthorized access to other computer systems or networks connected to the Services. User acknowledges and agrees that Company may ban User from future use of the Services if User does not comply with Company's standards of conduct, even if User attempts to use the Services through another Client or under a different name. Furthermore, User acknowledges and agrees that Company may recover damages from User if User violates these terms.
User agrees not to harm, harass, stalk, intimidate, or conspire to harm, harass, stalk or intimidate any user, model or eroticbpm staff.
User acknowledges that (i) eroticbpm or its designee has the right (but not the obligation) in its sole discretion to refuse, move or delete any Content that is Transmitted onto or made available via the Site, and (ii) that a User's Transmission of Content to the Site or eroticbpm does not imply any promise or covenant on behalf of eroticbpm that such Content will be displayed, nor does it imply any promise or covenant that such Content will not be displayed or made publicly available on the Site or intercepted or read by someone other than the intended recipient.
Under no circumstances will eroticbpm be liable or responsible in any manner for any Content that Users or eroticbpm post to the Site, including without limitation, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of or reliance upon any such Content. User agrees that User must evaluate, and bear all risks associated with the use of or access to any Content, including Content posted to the Site by any user or eroticbpm.
User acknowledges and agrees that eroticbpm may preserve Content and may also disclose Content (including without limitation, Registration Data) if required to do so by law or if eroticbpm believes that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property or personal safety of the Site, eroticbpm, its Users, Staff, or the public.
User understands that the technical processing and Transmission of the Services or Content, may involve (a) transmission over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
User agrees not to (and User agrees User has no right to) reproduce, distribute, duplicate, copy, sell, resell or exploit for any purposes, any portion of the Site (including, without limitation, the Services or Content contained on the Site).
User agrees to comply with all local rules regarding online conduct and acceptable Content. Specifically, User agrees to comply with applicable laws regarding the transmission of technical data exported from the United States or the country in which the User resides.
Except as otherwise provided by separate agreement between a User and eroticbpm, eroticbpm does not claim ownership of Content Transmitted by a User to the Site and displayed on the Site. In it sole discretion, eroticbpm may condition Site display of User Transmitted Content upon such User becoming a Subscriber.
Notwithstanding the foregoing, a User who successfully Transmits Content to the Site grants to eroticbpm a perpetual, world-wide, royalty free, non-exclusive, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display any or all Content so Transmitted and to incorporate such Content into other works.
User represents and warrant that with respect to any Content User Transmits, or causes to be Transmitted, to the Site, eroticbpm has NOT hired, contracted for, managed or otherwise arranged for the participation of any performers depicted in such Content.
User acknowledges that eroticbpm may establish general practices and limits concerning use of the Site. Such practices and limits may include, without limitation, the maximum number of days that message board postings or other Transmitted Content will be retained by eroticbpm on the Site, the maximum number of messages that may be Transmitted on the Site, the maximum size of any message that may be Transmitted on the Site, the maximum disk space that will be allotted on the Site's servers on a User's behalf and the maximum number of times (and the maximum duration for which) a User may access the Site in a given period of time. User agrees that eroticbpm has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained on, Transmitted to or downloaded from the Site. Without limiting any other matter contained herein, User further acknowledges that eroticbpm reserves the right to change these general practices and limits at any time, in its sole discretion, and with or without notice.
Without limiting any other matter contained herein, User represents and warrants that with respect to any Content a User has produced and Transmits to the Site which contains depictions of nudity or actual sexually explicit conduct, all persons who appear therein were 18 (eighteen) years of age or older at the time of the creation of such depictions. Further, such User represents and warrants that with respect to the depictions described in the preceding sentence, true, correct and complete records required by 18 USC Section 2257 have been obtained and will be maintained by User in compliance with such law and will be provided to eroticbpm promptly upon request by eroticbpm.
With respect to visual depictions of actual sexually explicit conduct produced by and posted on the Site by eroticbpm (other than depictions Transmitted by a User as described in the preceding sentence), records required by 18 USC Section 2257 are kept by the custodian of records,
Ki||shot Productions Three Zero Two Four South West Maricara St
Portland, OR. 97219
eroticbpm and the eroticbpm logos are service marks and trademarks of Ki||shot Productions. and may be used publicly only with the express prior written consent and permission of eroticbpm. Other trademarks and service marks featured on the Site are displayed pursuant to licenses obtained from the owners or holders of those trademarks and service marks, and may not be used publicly without the express prior written consent and permission of the owners or holders of such trademarks and service marks.
Except for electronic messages, all content Copyright © Ki||shot Productions All rights reserved. All Content and Services on the Site are protected by US and International worldwide copyright laws The material and content on eroticbpm may not be reproduced and may not be copied, edited, published, transmitted, uploaded or downloaded, distributed, publicly performed, proxy cached or otherwise used, except with the prior express permission of Ki||shot Productions. eroticbpm does not grant any express or implied right to any third party (including without limitation Users), under any trademarks, service marks, copyrights or other proprietary information or rights.
eroticbpm provides the Content and Services on the Site for the personal, non-commercial use by viewers, fans, visitors, Users, Subscribers or potential Subscribers of eroticbpm. Users of the Site are granted a single, personal, non-transferable license to download (on a single computer only) one copy of any of the Content found on the Site made available for downloading for personal, non-commercial use only. eroticbpm reserves the right to limit the amount of Content downloaded. Commercial use or exploitation of the Content on the Site, or any portion thereof, is strictly prohibited. In addition, Users of the Site may not: (1) modify any of the Content found in any area of the Site; (2) use any of the Content found in any area of the Site for any public display, performance, sale or rental; (3) remove, modify or alter any copyright or other proprietary notice or trademarks from any of the Content found in any area of the Site; (4) otherwise Transmit any Content located in any area of the Site to any other person or entity, including posting to newsgroups or public forums; (5) rent, lease, loan, sell, distribute or create derivative works based on the Content or any portion thereof posted on the Site, or the software or techniques used in connection with the Site; or (6) modify the software and techniques used in connection with the Site. eroticbpm reserves the right to terminate this license at any time if a User breaches or violates any provision of the TOS, in which case such User will be obligated to immediately destroy any Content information or materials User has downloaded or otherwise copied from the Site.
eroticbpm reserves the right, in its sole discretion and without notice to User, to terminate a User's access to the Site (or any portion thereof) and to remove from the Site and discard any Content (including without limitation Content a User Transmits to the Site). eroticbpm may also terminate or suspend a User's access to the Site for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by eroticbpm, in it sole discretion. In the event of the suspension or termination of a User's access to the Site (or any portion thereof), User's right to use the Site (or any portion of which User access has been terminated) and to access any Content or Services contained thereon will immediately cease. Any such termination or suspension may be implemented without notice to User.
The contact form, post forms and all areas of member publishing is intended for personal use only. Members may not use these features to advertise other websites or products, or solicit members or models on the site for any commercial endeavors. eroticbpm may, in its discretion, terminate Site access of any User that eroticbpm believes, in its sole discretion, is posting or is otherwise connected with any commerical soliciting of models or members or unsolicited advertising. In the event a User's access is terminated for the reason described in the preceding sentence, User agrees to pay eroticbpm actual or estimated damages, to the extent such actual damages can be reasonably calculated. A printed version of the TOS and any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent as other business documents and records originally generated and maintained in printed form.
The Site may contain links to sites that are controlled by third parties. Those linked sites are not controlled by eroticbpm and User acknowledges that eroticbpm is not responsible for the content of any such linked site or any link contained in a linked site. eroticbpm provides such links only as a convenience, and the inclusion of any link does not imply endorsement by eroticbpm of any linked site.
Each User indemnifies and holds eroticbpm, and its subsidiaries, affiliates, officers, directors, shareholders, employees, agents, co-branders or other partners, harmless from and against any and all demands, claims, losses or damages, including reasonable attorneys' fees at trial and on appeal, related to or arising out of such User's (i) Transmission of Content to or through the Site (and whether or not such Content displayed or made available on the Site), at any time, (ii) use of or access to the Site, (iii) connection to the Site, (iv) breach of any representation, covenant or warranty contained in the TOS, or (v) violation of any rights of another.
The Terms of Service contains the entire understanding between the User and eroticbpm regarding the subject matter of the TOS, superseding all prior or contemporaneous communications, agreements and understandings between the User and eroticbpm. The TOS is binding on and inures to the benefit of the parties, their legal representatives, successors and assigns; provided, however, that neither the TOS, nor any rights granted hereunder, may be assigned, transferred, conveyed or encumbered by User without the prior written consent of eroticbpm, which consent may be withheld in eroticbpm' sole and arbitrary discretion. If any provision or clause of the TOS, or any portion thereof, is held by any court or other tribunal of competent jurisdiction to be illegal, void or unenforceable in such jurisdiction, the remainder of such provisions shall not thereby be affected and shall be given full effect, without regard to the invalid portion. The TOS is neither intended to, nor shall it be construed as creating, a joint venture, partnership or other form of business association between eroticbpm and any User. If any suit or action is filed by any party to enforce the TOS or otherwise with respect to the subject matter of the TOS, the prevailing party shall be entitled to recover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit or action as fixed by the trial court, and if any appeal is taken from the decision of the trial court, reasonable attorney fees as fixed by the appellate court.
Three Zero Two Four South West Maricara St
Portland, OR. 97219