We are Ampay Limited (trading as ‘EroticBase’), a company registered in England under company number 03888013, with its registered office at Calder & Co, 30 Orange Street, London, United Kingdom, WC2H 7HF and with VAT number 877113217 (“EroticBase”). We operate the website EroticBase.net (the “Website“).

1. Understanding these terms of use

• These terms of use (these “Terms of Use“) describe how you may access and use the Website.

• When certain words and phrases are used in these Terms of Use, they have specific meanings (these are known as “defined terms“). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms of Use where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).

• In these Terms, when we refer to “we“, “us” or “our“, we mean EroticBase; and when we refer to “you” or “your” we mean you, the person accessing or using the Website.

 

2. The Website

 

• The Website is made available free of charge. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to any User if for any reason the Website is unavailable at any time or for any period. We may update the Website and/or change the content on it at any time.

• You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and that they comply with them.

• The Website and the content on it are provided for general information purposes only. They are not intended to amount to advice on which you should rely.

• You may only use the Website for your own domestic, private and non-commercial use.

 

3. Account and password

 

• You will need to register an account with EroticBase (an “Account“) in order to access certain services available on the Website. If you register an Account, you will be asked to provide certain information (such as your email address) and to create a password, as part of our security procedures. You must treat such password as confidential and must not disclose it to any third party.

• We have the right to disable any Accounts and/or passwords, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

• If you know or suspect that anyone other than you knows your Account login details, you must immediately notify us at support@eroticbase.net.

• You are responsible for any unauthorised use of your Account login details.

 

4. Use of our website

 

• You agree not to:
  • use the Website in any way that breaches these Terms of Use or any applicable local, national or international law or regulation;
  • use the Website in any way that breaches any terms specified by a Contributor prior to you entering into a transaction with a Contributor (whether for a subscription, live content or otherwise) on the Website.
  • copy, or otherwise reproduce or re-sell, any part of the Website unless expressly permitted to do so in these Terms of Use;
  • use the Website to develop or provide, directly or indirectly, any product or service that competes with our business or any of our affiliates’ businesses;
  • use the Website (or any content available through the Website) in any way that might infringe any third party rights, including third party intellectual property rights; or
  • do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Website or any equipment, network or software used in operating the Website.

 

5. User Generated Content

 

• If it is the case that you upload, post, supply, display, contribute or publish any content of any nature – including without limitation pictures, text, sound recordings or video – “User Generated Content” to the Website, you must comply with our Acceptable Use Policy. Please note that we will only permit User Generated Content from verified content providers who are aged 18 or over.

• If it is the case that you upload, post, supply, display, contribute or publish any content of any nature – including without limitation pictures, text, sound recordings or video – “User Generated Content” to the Website, you must comply with our Acceptable Use Policy. Please note that we will only permit User Generated Content from verified content providers who are aged 18 or over.

• You warrant that any User Generated Content you post complies with the standards set out in our Acceptable Use Policy and that you will be liable to us and agree to indemnify us for any breach of that warranty.  This means that you will be responsible for any loss or damage that we suffer as a result of your failure to comply with our Acceptable Use Policy.  Please read our Acceptable Use Policy carefully so that you are aware of our content standards.

• You are solely responsible for securing and backing up your User Generated Content.

• When you upload User Generated Content to our Website, you grant us the following rights:

• a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform your User Generated Content in connection with the service provided by our Website and across different media (including without limitation to promote our Website and our service) for an unlimited time; and

• a worldwide, non-exclusive, royalty-free, transferable licence for other users or partners to use your User Generated Content in accordance with the functionality of our Website.

 

6. Viruses

 

• We do not guarantee that the Website will be totally secure or free from bugs or viruses. You are responsible for configuring your own information technology, computer programmes and platform in order to access the Website and we recommend that you implement your own virus protection software.

 

• You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

 

7. Intellectual property

 

1. • We are the owner or licensee of all intellectual property rights in the Website and its content (save for any content provided by a Contributor (“Contributor Content“), which in each case (as between you and the applicable Contributor), belongs to the Contributor), the EroticBase name and the EroticBase. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
2. • You are not granted any right to use, and may not use, any of our intellectual property rights other than as expressly set out in these Terms of Use. You must not use the Website (or any part of it or its content) for commercial purposes.
3. • No part of the Website, including the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.

Any communications or materials you send to us through the Website by electronic mail or other means will be treated as non-proprietary and non-confidential (other than communications in respect of a purchase for a subscription or other content that you make through the Website). We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.

 

8. Our liability

 

• Nothing in these Terms of Use excludes or limits our liability for:
  • death or personal injury caused by our negligence;
  • fraud or fraudulent misrepresentation; and
  • any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
• Save as set out in clause 1, and to the maximum extent permitted by applicable law, we have no liability to you under these Terms of Use or otherwise in relation to the Website.

• We only supply the Website for domestic and private use. You agree not to use the Website, or any content on the Website, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

• We assume no responsibility for the content of websites that are linked to from the Website (including links to our commercial sponsors and partners). Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from a User’s use of the linked websites.

 

9. Intellectual property

 

• If you breach any of these Terms of Use, we may immediately do any or all of the following (without limitation):
  • issue a warning to you;
  • temporarily or permanently remove any User Generated Content uploaded by you to the Website;
  • temporarily or permanently withdraw your right to use the Website;
  • suspend or terminate your Account;
  • issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
  • take further legal action against you; and/or
  • disclose such information to law enforcement authorities as we reasonably feel is necessary to do so: and/or
  • take any other that we consider reasonably appropriate in the circumstances.
• Where we have removed or restricted access to your User Generated Content in response to your breach of our Acceptable Use Policy, we will notify you in writing and explain any opportunities available for you to appeal our decision.
• We exclude all liability for any action that we may take in response to your breach of this Policy and/or our Terms of Use.

 

10. Changes to these terms

 

We may make changes to these Terms of Use from time to time (if, for example, there is a change in the law that means we need to change these Terms of Use). Please check these Terms of Use regularly to ensure that you understand the Terms of Use that apply at the time that you access and use the Website.

 

11. Other important information

 

• Each of the clauses of these Terms of Use operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

• If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

 

12. Governing law and jurisdiction

 

• These Terms of Use are governed by English law. This means that your access to and use of the Website will be governed by English law.

• You may bring any dispute which may arise under these Terms of Use – at your discretion – to either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State, which courts are – with the exclusion of any other court – competent to settle such a dispute. We shall bring any dispute which may arise under these Terms of Use to the competent court of your country of habitual residence if this is in an EU Member State or otherwise the competent court of England.

• As a consumer, if you are resident in the European Union and we direct this Website to the member state in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms of Use, including clause 1, affects your rights as a consumer to rely on such mandatory provisions of local law.

Thank you.