1. Parties To This Agreement And Consideration
The parties to this Agreement (the "Agreement") are You, (the "User"), and H.E.S. INC. (the "Company"). As used in this Agreement, the terms "we" and "us" are used interchangeably to refer to the Company and the Websites; the term "You" and "Your" is used to refer to You, the User.
1.1 By accessing the materials at Websites and for other good and valuable consideration, the sufficiency of which is acknowledged by You and the Company, You hereby agree to be bound by all the terms and conditions set forth in this Agreement.
1.2 Subject to Your acceptance of the terms and conditions set forth in this Agreement, The Company agrees to grant you a limited personal non-transferable right to access the contents of HOTESCORTS.PRO and affiliated sites operated by the Company.
1.3 This Agreement is subject to change by the Company at any time and changes shall become effective upon notice to USERS by posting at or via hyperlink to the Websites. You may not alter, delete, add or change or edit any of these terms and conditions, and any such attempted alteration shall be void and of no effect.
2. User Verification
ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED AT THE WEBSITES ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE THE MATERIALS, MESSAGES AND OTHER COMMUNICATIONS CONTAINED AT THE WEBSITES DO NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES OR ANY OTHER COUNTRY. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) IN PLACES WHERE EIGHTEEN YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF THE WEBSITES OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN THE WEBSITES.
2.1 YOU HEREBY ACKNOWLEDGE AND REPRESENT THAT YOU KNOW AND UNDERSTAND THAT THE MATERIALS PRESENTED AT, AND/OR DOWNLOADABLE FROM, THE WEBSITES INCLUDE EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND SEXUAL ACTIVITIES, INCLUDING WITHOUT LIMITATION, HETEROSEXUAL, BI-SEXUAL, HOMOSEXUAL, AND TRANSSEXUAL ACTIVITIES OF AN EXPLICIT SEXUAL NATURE; THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND; THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS; AND THAT BY AGREEING TO THESE TERMS AND CONDITIONS YOU ARE WARRANTING TO THE COMPANY THAT YOU ARE INTENTIONALLY AND KNOWINGLY SEEKING ACCESS TO SUCH EXPLICIT SEXUAL MATERIALS FOR YOUR OWN PERSONAL VIEWING.
2.2 YOU FURTHER REPRESENT AND WARRANT THAT YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS CONSTITUTES AN UNEQUIVOCAL REQUEST ON YOUR PART TO RECEIVE SEXUALLY EXPLICIT MATERIAL VIA THE WEBSITES AND THAT YOU HAVE NOT NOTIFIED ANY GOVERNMENTAL AGENCY THAT YOU DO NOT WISH TO RECEIVE SEXUALLY ORIENTED MATERIAL.
2.3 YOU FURTHER REPRESENT, AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN YEARS (TWENTY-ONE (21) IN PLACES WHERE EIGHTEEN YEARS IS NOT THE AGE OF MAJORITY) AND ARE CAPABLE OF LAWFULLY ENTERING INTO THIS AGREEMENT.
3. User's Code Of Conduct
You agree, warrant and covenant to use the Websites in accordance with the following Code of Conduct and You agree and acknowledge that in our sole discretion we may, but are under no obligation to reject or delete any materials posted or uploaded by You which violates any of the following provisions, and/or to terminate Your right to use or access the Websites for violating these provisions:
3.1 You will not use the Websites to engage in any form of illegal conduct, harassment or offensive behavior, including but not limited to the posting or uploading of communications or any graphic, video or audio content to the Websites which contain libelous, slanderous, abusive or defamatory statements, or racist, obscene or offensive language.
3.2 You will not use the Websites to infringe the privacy rights, property rights, or other civil rights of any person;
3.3 You will not post messages or use the Websites in any way which (i) violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights, or (ii) is fraudulent or otherwise unlawful or violates any law.
4. Grant Of Limited License With Reservations
You acknowledge and agree that all materials contained at the Websites are proprietary and constitute valuable copyright, trademark and other intellectual property owned by the Company or others who have licensed or authorized use of such materials to the Company. You acknowledge and agree that as such You may only access, view, download, receive and otherwise use the materials available at the Websites only as authorized by the Company.
4.1 You acknowledge that You understand that the Company does not authorize access to any part of the Websites in any manner contrary to the express provisions of this Agreement.
4.2 You further represent and warrant to the Company that Your agreement to these terms and conditions constitutes an agreement that You shall not access, or attempt to access, any materials available at the Websites in a manner not expressly authorized by the Company. You agree and warrant that You shall at no time access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use materials, directly or indirectly in places which the Company does not authorize such access, viewing, downloading, receipt or other use.
4.3 You hereby acknowledge that You understand that the Company does not authorize the accessing, viewing, downloading, duplication, receiving, transmission, broadcasting or other use of the materials contained on the Websites to or by any person, INCLUDING YOU, who is located in any of the areas designated as PROHIBITED AREAS below.
4.4 You hereby acknowledge and agree that Company does not authorize access to any parts of the Websites in any manner which bypasses this Agreement. You further acknowledge and agree that You may not "bookmark" photographs or other materials inside the Websites or directly access files designated as part of the Websites except through appropriate authorization pages as specified by the Company and You further agree that You shall not attempt to do so.
4.5 You further acknowledge that You understand and agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of materials from the Websites in violation of the terms and conditions set forth herein, in which You are directly or indirectly involved, including, but not limited to accessing, viewing, downloading, receiving or other unauthorized use of materials in PROHIBITED AREAS in any manner, shall constitute intentional infringement(s) of the Company's and potentially others' intellectual property rights and other rights in such materials and shall further constitute a violation of Company's trademark and other rights, including, but not limited to, rights of privacy.