Terms &
Conditions
IMPORTANT! PLEASE READ CAREFULLY.
These Terms & Conditions apply to Escort Platinum, Inc.
(collectively, referred to herein as "Escort Platinum" "we" or
"us") and EscortPlatinum.com (herein referred to as "Site").
These Terms & Conditions constitute a legal agreement between
you and Escort Platinum and spell out the terms and conditions
to which users of this Site are expected to adhere. Please read
it carefully before using this Site, because by using this Site,
you agree to be bound by the terms set forth here, which are
hereby incorporated by reference into these Terms & Conditions
(collectively referred to as the "Agreement"). If you do not
agree with or do not wish to be bound by all of the terms and
conditions of this Agreement, do not use this Site. We reserve
the right to amend these Terms & Conditions at any time and will
post the amended Terms & Conditions here.
1. Copyright Notice
- The material on this Site may not be reproduced and may
not be distributed, publicly performed or otherwise used in
any manner, except with the prior express permission of Escort
Platinum.
2. Trademark Statement
- ESCORT PLATINUM and ESCORTPLATINUM.COM are trademarks of
Escort Platinum, Inc., all pending or registered in U.S.
Patent and Trademark Office.
3. EscortPlatinum.com Content
- The contents of this site are intended for the personal,
noncommercial use of its users. All materials published on
this Site (including, but not limited to advertisements,
photographs, images, illustrations, and text (collectively,
the "Content")) are protected by copyright, trademark and all
other applicable intellectual property laws, and are owned or
controlled by Escort Platinum, Inc. or the party credited as
the provider of such Content, software, or other materials.
You shall abide by copyright or other notices, information and
restrictions appearing in conjunction with any Content
accessed through this Site.
- This Site is protected by copyright as a collective work
and/or compilation, pursuant to U.S. copyright laws,
international conventions and other copyright laws. Except as
may otherwise be set forth in this these Terms & Conditions,
you may not modify, adapt, translate, exhibit, publish,
transmit, participate in the transfer or sale of, create
derivative works from, distribute, perform, display, reverse
engineer, decompile or dissemble, or in any way exploit, any
of the Content, software, materials, Site in whole or in part.
- Copying or storing of any Content for other than personal,
noncommercial use is expressly prohibited without the prior
written permission of Escort Platinum, Inc., or the copyright
holder identified in the individual Content's proprietary
rights notices. For the avoidance of doubt, including any
Content (in whole or in part) on your personal website, when
it is accessible to any other person, is not a personal use
and is not permitted.
4. Access & Availability of
Service & Links
- This Site may contain links to other related World Wide
Web Internet sites. Selection of an ad banner or link will
redirect you off of this Site to a third party Web site.
Interactions that occur between you and the third party are
strictly between you and such third party and are not the
responsibility of Escort Platinum. We are not responsible for
examining or evaluating, and do not warrant the offerings of,
any of these businesses or individuals or the content of their
Web sites. Escort Platinum does not assume any liability or
responsibility for the actions, product, availability or
content of these outside resources. You should direct any
concerns regarding any external link to the site administrator
or Webmaster of the third party Web site.
5. Representations & Warranties
- YOU REPRESENT, WARRANT, AND COVENANT
THAT YOU KNOW AND UNDERSTAND THAT THE CONTENT PRESENTED AT,
AND/OR DOWNLOADABLE FROM, THIS SITE INCLUDES 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 & CONDITIONS YOU ARE
WARRANTING TO ESCORT PLATINUM THAT YOU ARE INTENTIONALLY AND
KNOWINGLY SEEKING ACCESS TO SUCH EXPLICIT SEXUAL MATERIALS FOR
YOUR OWN PERSONAL VIEWING.
- You represent, warrant and covenant that you are at least
18 years old or the applicable age of majority in your
jurisdiction and possess the legal authority to enter into
this Agreement.
- You represent, warrant and covenant
that you will not use this Site to (i) engage in any form of
illegal conduct, harassment, or offensive behavior; (ii)
infringe the privacy rights, property rights, or other civil
rights of any person or entity; (iii) violate, plagiarize or
infringe 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 (iv) commit any fraudulent
or otherwise unlawful act or violate any law.
- YOU REPRESENT, WARRANT, AND COVENANT THAT ESCORT PLATINUM SHALL NOT
BE HELD RESPONSIBLE IN ANY WAY FOR THE OUTCOME OF ANY CONTACT
OR MEETING, WHETHER IN PERSON, BY TELEPHONE OR ANY OTHER
MEANS, RESULTING FROM ADVERTISEMENTS PLACED OR RESPONDED TO,
OR MESSAGES OR COMMUNICATIONS SENT OR RECEIVED BY USERS OR
ADVERTISERS THROUGH THIS SITE, OR THROUGH ANY USE, DIRECTLY OR
INDIRECTLY, OF THIS SITE. YOU FURTHER ACKNOWLEDGE AND AGREE
THAT THIS SITE DOES NOT SCREEN ANY USERS OR ADVERTISERS OF THE
WEBSITES, HAS NO CONTROL OVER THEIR ACTIONS AND MAKES NO
REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE CHARACTER,
VERACITY, AGE, HEALTH OR ANY OTHER ATTRIBUTE OF USERS OF THIS
SITE, INCLUDING ANY PERSON WHO PLACES ADVERTISEMENTS ON THIS
SITE; YOU FURTHER ACKNOWLEDGE AND AGREE THAT THIS SITE DOES
NOT ENDORSE, ENCOURAGE, RECOMMEND OR ARRANGE COMMUNICATIONS OR
MEETINGS AMONG USERS OF THE WEBSITES, OR ANY OTHER PERSONS,
AND YOU ARE EXPECTED TO USE COMMON SENSE AND TAKE APPROPRIATE
MEASURES AND PRECAUTIONS TO INSURE YOUR OWN PERSONAL SAFETY
AND PRIVACY IN THE EVENT THAT YOU CHOOSE TO COMMUNICATE WITH,
OR MEET WITH ANY PERSON WITH WHOM YOU HAVE COMMUNICATED
THROUGH THE USE OF ADVERTISEMENTS POSTED ON THIS SITE.
- You hereby indemnify, defend and hold Escort Platinum and
its officers, directors, owners, agents, information
providers, affiliates, licensors and licensees (collectively,
the "Indemnified Parties") harmless from and against any and
all liability and costs incurred by the Indemnified Parties in
connection with any claim arising out of any breach by you of
these Terms & Conditions or the foregoing representations,
warranties and covenants, including, without limitation,
reasonable attorneys' fees. You shall cooperate as fully as
reasonably required in the defense of any claim. Escort
Platinum reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise subject
to indemnification by you. You shall not enter into any
settlement agreement which affects the rights of Escort
Platinum without Escort Platinum's prior written approval.
- Escort Platinum neither represents nor endorses the
accuracy or reliability of any advertisement, photograph,
image, statement or other information displayed, uploaded, or
distributed through this Site by any advertiser, user,
information provider, or any other person or entity. THIS SITE
AND ANY MATERIALS PROVIDED BY ESCORT PLATINUM ARE PROVIDED "AS
IS." ESCORT PLATINUM MAKES NO WARRANTIES, EXPRESS OR IMPLIED,
AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR
PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY,
CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN
WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO
THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY MATERIALS
PROVIDED THROUGH THIS SITE. ESCORT PLATINUM DOES NOT GUARANTEE
THAT YOUR ACCESS TO OR USE OF THIS SITE AVAILABLE THEREON WILL
BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE AND MAKES
NO WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THIS
SITE.
- You hereby acknowledge that the use of this Site is
at your sole risk.
6. Limitation of Liability
- NEITHER ESCORT PLATINUM NOR ANY OTHER PARTY INVOLVED IN
CREATING, PRODUCING OR DELIVERING THIS SITE SHALL BE
RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR
INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE
OR LOSS INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO
USE, THIS SITE OR ANY OF THE MATERIALS PROVIDED BY ESCORT
PLATINUM OR THIRD PARTIES THROUGH THIS SITE THEREON, OR ANY
DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS,
DEFECTS, DELAYS IN PERFORMANCE, REGARDLESS OF THE CLAIM AS TO
THE NATURE OF THE CAUSE OF ACTION, EVEN IF ESCORT PLATINUM HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. Some
jurisdictions may not allow the exclusion or limitation of
incidental or consequential damages, so the above exclusions
shall only apply to the extent permissible under applicable
law.
- TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW,
ESCORT PLATINUM'S AGGREGATE LIABILITY, AND THE AGGREGATE
LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY
CIRCUMSTANCE IS LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).
7. System Integrity
- You may not use any device, software or routine to
interfere or attempt to interfere with the proper working of
this Site or any transaction conducted on this Site. You may
not take any action, which imposes an unreasonable or
disproportionately large load on our infrastructure.
8. Miscellaneous
- These Terms & Conditions have been made in and shall be
construed and enforced in accordance with California law
without regard to any conflict of law provisions. Escort
Platinum makes no representation that the Content on this Site
is appropriate for access outside of the United States. Those
who choose to access this Site from outside the United States
do so on their own initiative and are responsible for
compliance with local laws. You agree that any action to
enforce this Agreement shall be brought in the federal or
state courts located in Los Angeles, California.
- Official correspondence must be sent via postal mail to:
Escort Platinum, Inc.
Glendale Canyon Blvd.
Glendale, CA 91042
- These Terms & Conditions and any other terms referenced in
this Agreement constitute the entire agreement between you and
Escort Platinum with respect to your access and use of this
Site and supercede all prior or contemporaneous agreements
(whether oral, written or electronic) between you and Escort
Platinum with respect to this Site. If any of the provisions
of this Agreement are determined to be invalid or
unenforceable, then each invalid or enforceable provision will
be construed in a manner consistent with applicable laws to
reflect, as nearly as possible, the original intentions of the
parties, and the remaining provisions shall remain in full
force and effect. Escort Platinum may assign these Terms &
Conditions (i) to any of its affiliates, (ii) to the surviving
entity in the event of a merger, acquisition, or the sale of
all or substantially all of the assets of Escort Platinum or
(iii) in connection with the sale of this Site or the business
unit associated with this Site.
|
