General Terms & Conditions

TERMS & CONDITIONS

1. ACCEPTANCE

By accessing and/or using the Erotic Bistro website (collectively, including but not limited to all Content, and Materials available through Erotic-Bistro.com, “Erotic Bistro”, the website) you agree to the terms and conditions contained herin and the terms and conditions of Erotic Bistro’s privacy policy incorporated herin, and all future amendments and modifications (collectively referred to as the “Agreement”). By entering, you agree to be bound by these terms and conditions. Please read them carefully. If you do not agree to be bound the terms and conditions contained herein, then do not use Erotic-Bistro.com.

The terms and conditions of this Agreement are subject to change by Erotic Bistro at any time in its sole discretion and you agree to be bound by all modifications, changes and/or revisions, without notification. If you do not accept to be bound by any and all modifications, changes and/or revisions of this agreement, you many not use Erotic-Bistro.com.

The terms and conditions contained herein apply to all users of Erotic Bistro whether a ‘visitor’ or a ‘member’ and you are only authorized to use Erotic Bistro if you agree to abide by all applicable laws and be legally bound by the terms and conditions of this Agreement.

2. DESCRIPTION

The Erotic Bistro website allows for uploading, sharing and general viewing various types of content allowing registered and unregistered users to share and view news and entertainment, including visual depictions of adult content, including sexually explicit images. In addition, Erotic Bistro contains video content, information and other materials posted/uploaded by users. Erotic Bistro allows its users to view the Content and Website subject to the terms and conditions of this Agreement.

The Erotic Bistro website also contains certain links to third party websites which are in no way owned or controlled by Erotic Bistro. Erotic Bistro assumes no responsibility for the content, privacy policies, opinions or practices of any and all third party websites. Erotic Bistro cannot censor or edit the content of third party sites. You acknowledge that Erotic Bistro will not be liable for any and all liability arising for your use of any third-party website.

Erotic Bistro is for your personal use and shall not be used for any commercial endeavor except those specifically endorsed or approved by Erotic Bistro. Any illegal and/or unauthorized use of Erotic Bistro is prohibited, including but not limited to collecting usernames and e-mail addresses for sending unsolicited emails or unauthorized framing or linking to the Erotic Bistro website is prohibited.

3. ACCESS

In order to use this website, you affirm that you are at least eighteen (18) year of age and/or over the age of majority in the jurisdiction you reside and from which you access the website where the age of majority is greater than eighteen (18) years of age. If you are under the age of 18 and/or under the age of majority in the jurisdiction you reside and from which you access the website, then you are not permitted to use the website.

You agree that you will not view or share the contents of Erotic Bistro with any other persons under (18) years of age and/ or under the age of majority in the jurisdiction where you reside and from which you access the website.

4. CONDUCT

You acknowledge and agree that you shall be responsible for your own user submissions and the consequences of posting, uploading, publishing transmitting or making them available on Erotic Bistro. You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on Erotic Bistro content which is illegal, unlawful, harassing, harmful, threatening, tortuous, abusive, defamatory, obscene, libelous, hateful, racial and/or invasive of one’s privacy including but not limited to personal information. You also agree that you shall not post, upload, publish, transmit or make available in any way on Erotic Bistro’s software and/or its web hosting provider containing viruses or any other computer code, files, or programs designed to destroy, interrupt, limit the functionality of, or monitor, or persistently reside in or on any computer software or hardware or telecommunications equipment. You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on Erotic Bistro’s content which is intentionally or unintentionally violating any applicable local, state, national, or international law, or any regulations or laws having the force of law where you reside and elsewhere, including but not limited to any laws or regulations relating to securities, privacy, and export control. You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on Erotic Bistro’s content depicting illegal activities, promoting or depicting physical harm or injury against any group or individual, or promoting or depicting any act of cruelty to animals. You agree not to use Erotic Bistro in any way that exposes Erotic Bistro to criminal or civil liability.

You agree that Erotic Bistro shall have the right to determine in its sole and unfettered discretion, what action shall be taken in the event of any discovered or reported violation of the terms and conditions contained herein.

5. INTELLECTUAL PROPERTY

The Content contained on Erotic Bistro, with the exception of User Submissions including but not limited to the text, software, scripts, graphics, music, videos, photos, sounds, interactive features and trademarks, service marks and logos contained therein, are owned by and/or licensed to Erotic Bistro, subject to copyright and other intellectual property rights under United States, Canada and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Erotic Bistro reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, and/or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to disable, circumvent, or otherwise interfere with security related features of the Erotic Bistro Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Erotic Bistro Website or the Content therein.

6. USER SUBMISSIONS

Erotic Bistro permits the submission of video and other communications and the hosting, sharing and publishing of such user submissions. You understand that whether or not such User Submissions are published and/or uploaded, Erotic Bistro does not guarantee any confidentiality with respect to any submissions.

You shall be solely responsible for any and all of your own User Submissions and the consequences of posting, uploading and publishing them. Furthermore, with User Submissions, you affirm, represent and/or warrant that:

  1. You own or retain the necessary licenses, rights, consents, and permissions to use and authorize Erotic Bistro to use all trademarks, copyrights, trade secrets, patents, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and
  2. You will not post, or allow anyone else to post, any material that exploits or solicits personal information from any person under 18 years of age or depicts nudity and/ or sexual conduct by any person under the age of 18 years, or contains material of any person who portrays–or is made to appear like–any person under 18 years of age (by way of performance, demeanor, costume, makeup, lighting, cinematography, editing, setting or props). This includes board posts or comments that describe or talk about sexual accounts with minors in any context, real or fictitious; by submitting material to Erotic Bistro, you have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submissions are, in fact, over the age of 18 years. You must be willing and able to provide such documentation upon demand.
  3. You have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. By submitting the User Submissions to Erotic Bistro, you hereby grant Erotic Bistro a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, edit, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Erotic Bistro Website and Erotic Bistro’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Erotic Bistro’s Website and any of its sister companies (and derivative works thereof) and in any media formats and through any media channels. You also hereby grant each user of the Erotic Bistro’s Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Erotic Bistro Website.

In submitting material (video or other communication), you further agree that you shall not:

  1. submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Erotic Bistro all of the license rights granted herein;
  2. publish falsehoods or misrepresentations that could damage Erotic Bistro, its sister companies or any third party;
  3. submit material that is obscene by any national, federal, state, provincial or local laws or ordinances; this includes any material not fully in compliance with United States Code, Title 18, Section 2257 et seq or any other applicable statutes, or laws of any other jurisdiction concerning depictions of sexually explicit conduct;
  4. submit material that is illegal, unlawful, defamatory, libelous, harassing, hateful, abusive, invasive of any person’s privacy, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
  5. submit material that constitutes bestiality or which involves or implies depictions of sexuality with animals, or by a performer who is portrayed or otherwise made to appear as an animal by virtue of the script, make-up, demeanor, costuming, settings, props, cinematography or editing. This includes board posts or comments that talk about sexual accounts with animals in any context, real or fictitious;
  6. provide any material that portrays acts of rape or simulated rape;
  7. submit any material that provides instructional information about illegal activities such as making or buying illegal weapons, violating someones privacy, or providing or creating computer viruses;
  8. transmit or facilitate in the transmission of junk mail, chain letters,  unsolicited commercial email or spam;
  9. post advertisements, political endorsements or business solicitations–including, but not limited to, sweepstakes, polls, contests, barter or pyramid schemes–via chat or instant messaging, or via videos or commercial activities that have not been approved in writing by Erotic Bistro;
  10. solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
  11. depict any third party company trademark without expressed permission;
  12. submit any file or data stream that contains viruses, worms, Trojan horses or any other destructive features;
  13. Impersonate another person. Erotic Bistro does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Erotic Bistro expressly disclaims any and all liability in connection with User Submissions. Erotic Bistro does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Erotic Bistro will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Erotic Bistro reserves the right to remove Content and User Submissions without prior notice or delay. Erotic Bistro will also terminate a User’s access to its Website, if they are determined to be an infringer. While adult content is accepted, Erotic Bistro also reserves the right to decide in its sole and unfettered discretion, whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material, or excessive length. Erotic Bistro may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

You understand and acknowledge that when using Erotic-Bistro.com, you will be exposed to User Submissions from a variety of sources, and that Erotic Bistro is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Erotic Bistro with respect thereto, and agree to indemnify and hold Erotic Bistro, its Owners, affiliates, operators, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the website.

You agree that Erotic Bistro may at its sole discretion have the right to refuse to publish, remove, or block access to any User Submission that is available via the Website or other sister network or service at any time, for any reason, or for no reason at all, with or without notice.

Erotic Bistro provides its website as a service to its users. However, Erotic Bistro assumes no responsibility whatsoever for monitoring its resources for inappropriate content or conduct. If at any time Erotic Bistro chooses, in its sole discretion, to monitor its resources or uploads, however, Erotic Bistro assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content. Erotic Bistro may review and delete any User Submissions that, in its sole judgment, violates this Agreement or may be otherwise offensive or illegal, or violate the rights, harm, or threaten the safety of any User or person not associated with the Website (collectively “Inappropriate User Submissions”). You are solely responsible for the User Submissions that you make visible on the Website or any other material or information that you transmit or share with other Users or unrelated third-parties via the Website.

You further understand, acknowledge, agree and specifically authorize Erotic Bistro to use, reuse, post, publish or upload any User Submissions on any other website owned or controlled by Erotic Bistro or on any website with whom Erotic Bistro has an agreement with respect to User Submissions content or sponsor uploaded video. In addition, User submission is deemed to include any sponsored or otherwise branded uploaded videos. Erotic Bistro reserves the right to determine as its discretion on what basis would a User submissions or an uploaded video might be shared with other websites (rating, number of views, user reviews, etc.).

7. ACCOUNT TERMINATION POLICY

  1. a User’s access to Erotic Bistro will be terminated if, under appropriate conditions, the User is determined to infringe repeatedly.
  2. Erotic Bistro reserves the right to decide whether Content or if a User’s Submission is appropriate and complies with these Terms and Conditions in regards to violations other than copyright infringement or privacy law, such as, but not limited to, hate crimes, pornography, obscene or defamatory material, or excessive length. Erotic Bistro may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms and Conditions at any time, without prior notice and at its sole discretion.

8. POLICY

Erotic Bistro abides by a ZERO TOLERANCE policy relating to any illegal content. Child Pornography, bestiality, rape, torture, snuff, death and/or any other type of obscene and/or illegal material shall not be tolerated by Erotic Bistro. Erotic Bistro shall not condone child pornography and will cooperate with all governmental agencies that seek those who produce child pornography.

9. FEES

Erotic Bistro is a free service. You acknowledge that Erotic Bistro reserves the right to amend this policy and charge for its services at its discretion. In the event of such an occurrence Erotic Bistro may cancel your account and/ or membership if you are unwilling or unable to pay for such services.

10. WARRANTIES

You represent and warrant that all of the information provided by you to Erotic Bistro to participate in the Erotic Bistro website, including personal contact information, is accurate and current and you have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of you hereunder.

As a condition to using the Erotic Bistro, you must agree to the terms of Erotic Bistro’s privacy policy and its modifications. You acknowledge and agree that the technical processing and transmission of the Website, including your User Submissions, may involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by Erotic Bistro with regard to its users may be disclosed in accordance with the Erotic Bistro’s Privacy Policy.

11. WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE EROTIC BISTRO WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, EROTIC BISTRO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. EROTIC BISTRO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY

  1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
  2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
  3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
  4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR

ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE EROTIC BISTRO WEBSITE. EROTIC BISTRO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE EROTIC BISTRO WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND EROTIC BISTRO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT EROTIC BISTRO SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU

12. LIMITATION OF LIABILITY  

  1. IN NO EVENT SHALL EROTIC BISTRO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
  2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
  3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
  4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
  5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
  6. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE EROTIC BISTRO WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT EROTIC BISTRO SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

13. INDEMNITY

You agree to defend, indemnify and hold harmless Erotic Bistro, its sister companies, service provider(s), hosting service(s), officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

  1. your use of and access to the Erotic Bistro Website;
  2. your violation of any term of these Terms of Service;
  3. your violation of any third party right, including without limitation any copyright, property, or privacy right; or
  4. Any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Erotic Bistro Website.

You affirm that you are either more than 18 years of age and/or under the age of majority in the jurisdiction you reside and from which you access the website and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms and Conditions contained herein.

14. ASSIGNMENT

The Terms and Conditions contained herein and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Erotic Bistro without restriction.

If any term, clause or provision of the agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.

15. GENERAL

These Terms and Conditions, together with the Privacy Policy, DMCA Notice, Prohibited Content, 2257 Notice, RTA/ ASCP/WRAAC and any other legal notices published by us on our Website, shall constitute the entire agreement concerning our Website. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. If any court of competent jurisdiction makes a determination that a portion of the Agreement is not enforceable, or a portion of the Agreement makes this Agreement unenforceable, the court shall be, and hereby is, empowered and directed to reform the portion to the extent necessary to render it enforceable, affording the greatest protection to our interests. No waiver of any portion of these Terms and Conditions shall be deemed a further or continuing waiver of such portion or any other portion, and our failure to assert any right or provision under these Terms And Conditions shall not constitute a waiver of such right or provision. All headings are solely for convenience and shall not affect the meaning, construction or effect of this Agreement. The name of our Website, EROTIC BISTRO is considered a service mark owned by us.

ANY CAUSE OF ACTION AGAINST US, ARISING OUT OF OR RELATED TO THE WEBSITE, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.