Legal Disclaimer
This weblog is solely for your entertainment and amusement. It does not represent the thoughts, intentions, plans or strategies of Kudos, Inc. or any related company. It is solely writers’ opinions, comments, observations and/or humor. Feel free to give your opinion, comments, observations and/or humor, but we reserve the right to delete any comment for any reason whatsoever (including but not limited to abusive, profane, rude, or anonymous comments) – so keep it clean please!
The opinions expressed by the Sexpert Bloggers and those providing comments are theirs alone, and do not reflect the opinions of Sexpert.com or any employee thereof. Sexpert.com is not responsible for the accuracy of any information supplied by the bloggers.
None of the posts on this blog should be regarded as professional advice. We recognize that some individuals have serious difficulties dealing with sexual and other topics. If you believe that may be your case, you should consult a licensed sex therapist, psychologist, psychiatrist or other, appropriate licensed professional in your jurisdiction.
Sexpert Terms & Conditions
IMPORTANT! These Terms and Conditions also govern your membership to a Site (or Sites) if you become a member. By accessing, using, printing, installing, or downloading any material from any of the Sites, or becoming a member to any one of the Sites, you agree to be bound by these Terms and Conditions. These Terms and Conditions are subject to change by the Sites at any time in its discretion. Your use of this Site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. If you do not agree to be bound by these Terms and Conditions, you may not enter any of the Sites, you must exit the Site immediately and you may not use or access any of the Sites or print or download any materials from them. You affirm that you have read this Agreement and understand, agree and consent to its Terms and Conditions.
The Sites offer online entertainment services that may be deemed adult in nature and which may contain graphic depictions, nudity, adult language, and descriptions of explicit sexual activity. You acknowledge that you are aware of the nature of the content provided by these Sites, that you are not offended by such content and that you access the Sites freely, voluntarily and willingly.
You represent and warrant you are at least 18 or 21 years of age, whichever is the age of majority in your jurisdiction, and that you have the legal capacity to enter into this agreement. If you are not at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, you must exit the Sites immediately and may not use or access the Sites or print or download any materials or purchase any materials (as defined below) from them.
You further acknowledge that the Sites contain only images protected by the First Amendment to the United States Constitution.
The Uniform Resource Locators (URLs) of the Web Site are trademarks in the United States. All rights are reserved. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners. Those marks may not be used publicly except with express written permission from the trademark owners, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits the Web Site Operator.
The material and content accessible from the Sites, and any other World Wide Web site owned, operated, licensed, or controlled by the Web Site Operator (collectively, “Materials”) is the proprietary information and valuable intellectual property of The Web Site Operator or the party that provided the Materials to The Web Site Operator, and The Web Site Operator or the party that provided the Materials to The Web Site Operator retains all right, title, and interest in the Materials. Accordingly, the Materials may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of The Web Site Operator, except that you may print a copy of the Materials solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright notice, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials. Modification or use of the Content except as expressly provided in these Terms and Conditions violates The Web Site Operator’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to the Sites. All content included on the Sites, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations and software is the property of The Web Site Operator or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on each Site is the exclusive property of The Web Site Operator or its content suppliers and protected by United States and international copyright laws, as well as other laws and regulations.
Violation of any copyright is a federal crime that is punishable by a sentence to federal prison and a fine up to $250,000.00. Also, if you infringe our copyrights we can sue you for up to $150,000 for each copyright infringed plus attorneys fees and costs.
You may use the Sites for purposes expressly permitted by the Sites. You may not use the Sites for any other purpose, including any commercial purpose whatsoever, without The Web Site Operator’s express prior written consent. Without the express prior written authorization of The Web Site Operator, you may not: (a) duplicate a Site or any of the Materials contained therein (except as expressly provided above in Section VII); (b) create derivative works based on a Site or any of the Materials contained therein; (c) use the Sites or any of the Materials contained therein for any commercial purpose, or for any public display, public performance, sale or rental; (d) distribute the Sites or any of the Materials contained therein; (e) remove any copyright or other proprietary notices from the Site or any of the Materials contained therein; (f) frame or utilize any framing techniques in connection with the Sites or any of the Materials contained therein; (g) use any meta-tags or any other “hidden text” using The Web Site Operator’ name or marks; (h) “deep-link” to any page of any of the Sites (including the homepage); (i) circumvent any encryption or other security tools used anywhere on the Sites (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of any of the Sites); (j) use any data mining, robots or similar data gathering and extraction tools on the Sites; (k) decompile, reverse engineer, modify or disassemble any of the software aspect of the Materials except and only to the extent permitted by applicable law; (l) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the Materials or any of your rights to access and use the Materials as granted in Section VII above; or (m) bookmark any page of any Site beyond the membership log-in screen. You agree to cooperate with The Web Site Operator in causing any unauthorized use to cease immediately. At any time, if the Sites provide a service enabling users to share information or communicate with other users, you hereby agree not to publish, disseminate or submit any defamatory, offensive or illegal material while using the Sites or other services included on the Sites. You are solely responsible for submitting any material that violates any United States or International laws even if a claim arises after your service is terminated, and, by doing so, your actions shall constitute a material breach of this Agreement and the Sites shall terminate all your rights under this Agreement. If users are allowed to share information and communicate with other users, you agree that all materials you submit will be accessible to other users and will not be secure or private. You hereby agree that you have been noticed that all communications submitted to the Sites can be accessed by agents, operators, and other users, regardless if they are the intended recipients of the messages.
You agree that the Site may remove anything posted on it for any reason or for no reason; and you agree that posting on this Site is a privilege not a right; and that, for any reason or for no reason, the Site may block any person from posting on the Site.
You agree to defend, indemnify, and hold harmless The Web Site Operator, its officers, directors, shareholders, employees, independent contractors and agents, from and against any and all claims, actions, liabilities, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or you under another person’s authority including without limitation to governmental agencies, use, misuse, or inability to use the Sites or any of the Materials contained therein, or your breach of any of these Terms and Conditions. The Web Site Operator shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. The Web Site Operator may participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but is not obligated to do so.
Some web sites which are linked to the Sites are owned and operated by third parties. Because The Web Site Operator has no control over such sites and resources, you acknowledge and agree that The Web Site Operator is not responsible for the availability of such external sites or resources, and does not screen or endorse them, and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such sites or resources. You further acknowledge and agree that The Web Site Operator shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any such site or resource. If you decide to access any such third party sites, you do so entirely at your own risk and subject to any terms and conditions and privacy policies posted therein.
The Web Site Operator respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please e-mail [email protected].
The Web Site Operator reserves the right at any time to implement a “notice and takedown” procedure upon receipt of any notification of claimed infringement. The Web Site Operator reserves the right at any time to disable access to, or remove any material or activity accessible on or from any Site or any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent.
You understand and acknowledge that the software elements of the Materials on the Sites may be subject to regulation by agencies of the U.S. Government, including the U.S. Department of Commerce, which prohibits export or diversion of software to certain countries and third parties. Diversion of such Materials contrary to U.S. law is prohibited. You will not assist or participate in any such diversion or other violation of applicable U.S. laws and regulations.
The Web Site Operator shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, including Y2K errors or omissions, for so long as such event continues to delay The Web Site Operator’ performance.
General Provisions
These Terms and Conditions and all matters arising out of or otherwise relating to these Terms and Conditions shall be governed by the laws of the State of in which we have our principal offices, excluding its conflict of law provisions; and the parties hereby submit to the personal jurisdiction of the state and federal courts of the State of that state, which is exclusive venue for any litigation or arbitration permitted under this Agreement. Moreover, you agree that any dispute arising from your use of the Web Site(s) will be resolved exclusively by arbitration in the county and state in which we have our principal offices. You further agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms and Conditions.
Rights to Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
Binding Arbitration
If there is a dispute between the parties arising out of or otherwise relating to these Terms and Conditions and the amount of the claim exceeds five thousand dollars (US$5,000), the parties shall meet and negotiate in good faith to attempt to resolve the dispute. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims under applicable worker’s compensation law and unemployment insurance claims. If the parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either party may submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in the county and state where we have our home offices, and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce. The party bringing the action shall be responsible for paying all costs for arbitration, including the arbitrator’s fees. Each party shall bear its own attorneys’ fees (except if the matter is for the collection of a debt owed in which case the prevailing party shall be awarded its attorneys fees, all arbitration costs and the arbitrator fees (if applicable), in addition to all other applicable remedies). The arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of these Terms and Conditions; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. This Section shall not apply to any breach (or any allegation which if true would constitute a breach) of any matter relating to intellectual property. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
Assignment
The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be. Neither these Terms and Conditions nor any rights granted hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you.
Severability
If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
No Waiver
No waiver of The Web Site Operator shall be deemed a waiver of any subsequent default of the same provision of these Terms and Conditions. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms and Conditions.
Headings
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms and Conditions.
Complete Agreement
These Terms and Conditions constitute the entire agreement between the parties with respect to your access and use of any of the Sites and the Materials contained therein, and your membership with any of the Sites, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (except, to the extent applicable, any Download Agreement or similar contract governing the parties’ rights and responsibilities in connection with any specific Materials downloadable from a Site). No amendment to or modification of these Terms and Conditions will be binding unless in writing and signed by a duly authorized representative of both parties.
Modifications
The Web Site Operator reserves the right to change any of the provisions posted herein and you agree to review these Terms and Conditions each time you visit a Site. Your continued use of a Site following The Web Site Operator’ posting of any changes to these Terms and Conditions constitutes your acceptance to such changes. The Web Site Operator does not and will not assume any obligation to provide you with notice of any change to these Terms and Conditions. Unless accepted by The Web Site Operator in writing, these Terms and Conditions may not be amended by you.
Government Rights
The software elements of the Materials have been developed at private expense and are “commercial computer software” or “restricted computer software” within the meaning of the FARs, the DFARs, and any other similar regulations relating to government acquisition of computer software. Nothing contained herein will be deemed to: (1) grant any government agency any license or other rights greater than are mandated by statute or regulation for commercial computer software developed entirely at private expense, or (2) restrict any government rights in any extensions or custom solutions provided hereunder and developed at government expense.
Other Jurisdictions
The Web Site Operator makes no representation that the Sites or any of the Materials contained therein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access the Sites from such locations do so on their own initiative and are solely responsible for compliance with all applicable local laws.
