Terms & Conditions
You must read and agree to these Terms and Conditions before you can use the Site. Please read them carefully.
These Terms and Conditions govern your use and access to this site: DARKEROTIC3D.COM
Definitions
The term “site”, as referred to in these Terms and Conditions shall mean the Internet site for which you are viewing content. The term “Service”, as referred to in these Terms and Conditions shall mean the content and/or products that are published on the site. The term “Users,” as referred to in these Terms and Conditions shall mean the individuals that are viewing and/or interacting content on this site. The Service is owned and operated by DARK EROTIC 3D™ (“Company” or “we” or “us”).
License
All content contained inside the site is protected under the laws of copyright, owned or under license to DARK EROTIC 3D™ and represents proprietary and valuable intellectual property. Memberships to the site are provided for personal, non- commercial use by customers of the site. As customers, visitors to the site hereby granted a single copy license to download or print copies of any of the information found on the site for personal, non-commercial use only. Commercial use of the site, or any material located on it, is strictly prohibited. In addition, you may not modify any of the materials found on the site; use them for any public display, performance, sale or rental; remove, modify or alter any copyright or other proprietary notice, or trademarks there from; or transfer any material located on the site to any other person. We reserve the right to terminate this license at any time if you breach the terms of this agreement, in which case you will be obligated to immediately destroy any information downloaded, printed or otherwise copied from the site. Unauthorized access to the site is a breach of this Agreement and a violation of law.
Bookmarking
Bookmarking to a page on the site whereby the Warning page(s) and/or Terms and Conditions are by-passed shall constitute an implicit acceptance of the Terms and Conditions herein and an explicit acknowledgment of age of majority.
Disclaimers
The materials on the site are provided “as is” without any express or implied warranty of any kind including warranties of merchantability, non-infringement of intellectual property or fitness for a particular purpose. We offer no assurance of uninterrupted or error-free service. We do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained on the site. Any of the information offered on the site may change at any time without notice. We make no representation as to any of the information found at the site. In no event shall we 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 material or information available on the site, even if we have been advised of such damages. Site Users are responsible for providing all personal computer and communications equipment necessary to gain access to the site. All materials on the site are copyrighted and are protected under treaty provisions and worldwide copyright laws. The site’s materials may not be reproduced, copied, edited, published, transmitted or uploaded in any way without written permission. If the site enables Users to share information with other Users, Users agree not to submit, publish, or display on the Service any defamatory, inaccurate, abusive, threatening, racially offensive, or illegal material. Transmission of such material that violates any federal, state, or local law is prohibited and is a breach of this Agreement. Subscribers agree not to engage in advertising to, or solicitation of other Subscribers to buy or sell any products or services through the site without prior written consent. Subscribers are responsible for information they send, or display through the site even if a claim should arise after termination of service. All messages shall be deemed to be readily accessible to the general public. Do not use the site for any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered into this site can and may be read by the operators of the site, whether or not they are the intended recipient(s).
The Subscriber hereby warrants and represents that he or she is over the age of 18 (21 in AL, MS, NE, and WY), and in all respects is qualified and competent to enter into this agreement.
Agreement To View Adult Material
The site is designed and intended SOLELY for ADULTS – people who are at least 18 years old (21 in AL, MS, NE, and WY)– who are interested in and wish to have access to visual images, verbal descriptions and audio sounds of a sexually oriented, frankly erotic nature. The materials which are available within this site may include graphic visual depictions and descriptions of nudity and sexual activity and should NOT be accessed by anyone who is younger than 18 years old or 21 years old where 18 isn’t the legal age of majority (i.e. 21 in AL, MS, NE, and WY) or who does not wish to be exposed to such materials. By purchasing a Membership you are making the following statements:
“Under penalty of perjury, I swear/affirm that as of this moment, I am an adult, at least 18 years of age or 21 years old where 18 isn’t the legal age of majority (such as 21 in AL, MS, NE, and WY).” “I promise that I will not permit any person(s) under 18 years of age or 21 years old where 18 isn’t the legal age of majority (such as 21 in AL, MS, NE, and WY) to have access to any of the materials contained within this site.” “I understand that when I gain access to this site, I will be exposed to visual images, verbal descriptions and audio sounds of a sexually oriented, frankly erotic nature, which may include graphic visual depictions and descriptions of nudity and sexual activity. I am voluntarily choosing to do so, because I want to view, read and/or hear the various materials which are available, for my own personal enjoyment, information and/or education. My choice is a manifestation of my interest in sexual matters, which is both healthy and normal and, which, in my experience, is generally shared by adults in my community. I am familiar with the standards in my community regarding the acceptance of such sexually oriented materials, and the materials I expect to encounter are within those standards. In my judgment, the average adult in my community accepts the consumption of such materials by willing adults in circumstances such as this which offer reasonable insulation from the materials for minors and unwilling adults, and will not find such materials to appeal to a prurient interest or to be patently offensive.”
Fraud & Chargeback Rights
You hereby agree that all fraud and misuse of your financial transaction will be promptly reported to Gumroad or the site. You also agree that any disputes with billing, delivery, or service quality will be addressed and investigated through Gumroad or the site. Any charges disputed with your issuing bank or financial institution without first contacting Gumroad or the site for resolution may be construed as an attempt to defraud Gumroad or the site. Appropriate liquidated damages may be assessed by Gumroad or the site, in its discretion, against any individual who fraudulently obtains a membership or whose transaction later results in a chargeback to the account. Member agrees that the liquidated damage amount determined by Gumroad is reasonable, does not constitute a penalty, and is being established due to the difficulties and inconvenience associated with attempting to establish the exact amount of loss which may be sustained by Gumroad or the site due to excessive chargebacks to the account. Said individual shall indemnify and hold Gumroad and the site harmless from any and all claims, fines or other damages imposed by any credit card company or other entity due to excessive chargebacks which are the cumulative result of said individual’s fraudulent actions.
For questions or issues specifically associated with payments processed by Gumroad please Contact Gumroad.
Refunds
You may request a one-time refund for the services purchased for this website if you are not satisfied or for any reason within 14 days. To request a refund, please contact our Customer Service. All refunds will be credited solely to the payment method used in the original transaction. Refunds will not be issued by cash, check, or to another credit card.
Downloads
Downloading of any content, restricted or non-restricted, is never allowed.
Digital Millennium Copyright Act (“DMCA”) NOTICE
We respect the intellectual property rights of others. Per the DMCA, we will respond expeditiously to claims of copyright infringement on the Site if submitted to our Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, we will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.
Procedure for Notifying the Company of Copyright Infringement. If you believe that your intellectual property rights have been violated by us or by a third party who has uploaded materials to our website, please provide the following information to the designated Copyright Agent listed below:
(i) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(ii) a description of where the material that you claim is infringing is located on the Site;
(iii) an address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not us can contact you;
(iv) a statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
(v) a statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;
(vi) your electronic or physical signature.
Company may request additional information before removing any allegedly infringing material. In the event Company removes the allegedly infringing materials, we will immediately notify the person responsible for posting such materials that Company removed or disabled access to the materials. Company may also provide the responsible person with your email address so that the person may respond to your allegations.
Pursuant to 17 U.S.C. 512(c) Company’s designated Copyright Agent is:
DARK EROTIC 3D™
support@darkerotic3d.com
Notices
Notices by the site to Subscribers may be given by means of electronic messages through the site , by a general posting on the site, or by conventional email. All questions, complaints, or notices regarding the site must be directed to us.
Email Opt-In And User Communication
Upon purchase from Gumroad or opt-in on the site, the User is added to the email list of the Company. The User’s e-mail address may be used by the site to communicate special offers and other relevant information such as new services, industry news, etc. In addition, there may be occasions when a User will be presented with special offers either from the operators of the site or from third-party service, which may include consent to receive e-mail solicitations, communications, newsletters, commercial advertising, or other promotional or special event materials. These communications shall be deemed to be opt-in email communications by virtue of the subscriber joining this site. The User may opt-out of a mailing list by clicking on the removal link located at the bottom of the promotional email.
Legal
The site abides by laws and Regulations within the US Governing Law. This Agreement shall be governed pursuant to the laws of the US. Any and all disputes arising under this Agreement shall be resolved exclusively before courts of competent jurisdiction in the US.
Contact Information
E-mail us at support@darkerotic3d.com or visit our Contact Page. Our support agents are happy to reply to your requests. A response will be forwarded to your E-mail address within a reasonable delay.
DARK EROTIC 3D™