I. Introduction
Welcome to our website’s User Agreement. The provisions of this Agreement will govern your use of our website, and you should therefore take some time to read it carefully. Our website is different from many other sites on the Internet as it contains Advertisements, communications and links posted by independent third parties, over which we exert no editorial control. We do not get involved in any disputes that may develop between our Advertisers and others, and we do not monitor or otherwise become involved in communication between third parties. Therefore, you are urged to use your own good judgment and common sense when responding to such Advertisements, as we are not responsible for any interactions occurring between our Users and our Advertisers. Federal law protects sites like ours from civil claims, so we encourage you to independently research any representations, offers, inducements or other information found in our Advertisements, before making any decisions. Should you have any questions or comments regarding our Site, or its policies, please feel free to contact us at:
II. Preliminary Provisions:
A. Party Definitions and Introductory Terms –
1. The operative parties referred to in this Agreement are as follows:
a. We, the Publisher – Platinum World Enterprise, Inc., (“PWE”) is the publisher of a variety of websites including those linked to www.cupidsmenu.com. This Agreement governs your access to, viewing or use of any website owned or operated by PWE. Hereinafter, when first-person pronouns are used in this Policy, (us, we, our, ours, etc.) they are referring to this entity and publisher of the applicable website. This entity may also be referred to as “Publisher” from this point forward. Additionally, when the terms “The Site” or “Site” are used, these terms refer to the aforementioned websites.
b. You, the User – As the user of this Site, this User Agreement will refer to the User as “User” or “You” or through any second-person pronouns, such as “Your” or any derivation thereof.
c. User vs. Advertiser – For the purposes of this Agreement, all Advertisers are Users, but not all Users are Advertisers. This Agreement applies to all Users whether they are Advertisers or not. You and everyone else becomes a User by accessing this Site in any way. In addition, advertisers must agree to a separate Advertiser Agreement before submitting any advertising material to the Site.
2. Consideration – Consideration for Your acquiescence in all of the provisions in this Agreement has been provided to You in the form of allowing You to use Our Site and Our Services. You agree that such Consideration is adequate, good and valuable, and that it is received upon your viewing or downloading any portion of any of the Publisher’s website(s).
B. What This Agreement Is – This Agreement is a legal contract between You and the Publisher. You should treat it as any other legally binding contract by reading its provisions carefully, as they will affect Your legal rights. By accessing the Site in any manner, You are affirmatively agreeing to be bound by all of the terms contained in this User Agreement. You may not pick and choose which terms apply to You. If You do not agree with all of the terms in this Agreement, You must cease all access and use of the Site and any other services provided by the Publisher.
C. Electronic Signatures / Assent Required – Nobody is authorized to access this Site unless they have signed this Agreement. Such signature does not need to be a physical signature, since this Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §7001, et seq. (E-SIGN Act). You manifest Your agreement to this User Agreement by taking any act demonstrating Your assent thereto. Most likely, You have clicked a button containing the words “I agree” or some similar syntax. You should understand that this has the same legal effect as Your placing Your physical signature on this or any other legal contract.
If You fail to sign this Agreement, You understand that You are an unauthorized user of the Site. No act or omission by the Publisher should be interpreted as a waiver of the requirement that You assent to this User Agreement. If You fail sign or otherwise execute this Agreement, You are still bound by the terms of this Agreement by virtue of Your viewing the Site or using any portion of the Site or Publisher’s services. However, if You fail to electronically sign this Agreement, You stipulate to and agree to pay the Publisher $250.00 each time You access the Site as liquidated damages for unauthorized access and use, and You agree to pay all of our costs and expenses, including Attorney’s fees and costs, incurred in collecting this unauthorized access fee from You.
D. Revisions to this User Agreement – 1. From time to time, We may revise this Agreement. We reserve the right to do so, and You agree that We have this unilateral right. You agree that all modifications or changes to this Agreement are in force and enforceable immediately upon posting. The updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. 2. We agree that if We change anything in this Agreement, We will change the “last modified date” at the top of this Agreement. You agree to re-visit this web page on a weekly basis, and to use the “refresh” button on Your browser when doing so. You agree to note the date of the last revision to this Agreement. If the “last modified” date remains unchanged from the last time You reviewed this Agreement, then You may presume that nothing in the Agreement has been changed since the last time You read it. If the “last modified” date has changed, then You can be certain that something in the Agreement has been changed, and you agree that you will re-review the Agreement in its entirety and that you will agree to its terms or immediately cease use of any websites in the Network. 3. Waiver – if You fail to re-review this Agreement as required to determine if any of the terms have changed, You assume all responsibility for such omissions and You agree that such failure amounts to Your affirmative waiver of Your right to review the amended terms. We are not responsible for Your neglect of Your legal rights. E. Access to the Site – You understand that We are providing You with nothing more than access to Our services as We provide them from time to time. You need to provide Your own access to the Internet, and any fees that You incur to access our Site are Your sole responsibility. We are not providing any hardware nor software to You – and You need to purchase or license the necessary hardware and software to access the Site.
III. User Status & Ownership Rights:
A. Access and Limited License – All Users may access certain public areas of the Site. This User Agreement covers all public areas of the Site.
1. Subject to all of the provisions contained herein, the Publisher grants You a limited, nonexclusive, nontransferable personal license to access and use the Site and the Materials contained therein. Publisher provides the Materials on this Site for the personal, non-commercial use by viewers, fans, visitors, subscribers and/or potential subscribers of said Site. Users of this Site are granted a single copy license to view Materials (on a single computer only). All Materials on the Site shall be for private use only, may not be used for commercial purposes or otherwise sub-licensed, and all other uses are strictly prohibited. Publisher reserves the right to limit the amount of materials viewed. You agree to prevent any unauthorized copying of the Site, or any of the Materials contained therein. Any unauthorized use of the Site or any of the Materials contained therein terminates this limited license effective immediately. This is a license to use and access the Site for its intended purpose and is not a transfer of title. You may not copy or redistribute any of the content appearing on this Site. Publisher reserves the right to terminate this license at any time if You breach or violate any provision of this Agreement, in which case You will be obligated to immediately destroy any information or materials You have downloaded, printed or otherwise copied from this Site. Violators of this limited license may be prosecuted to the fullest extent under the applicable law.
IV. Special Considerations Regarding Minors:
A. Age of Majority – In order to use the Site or any services provided by the Publisher, You must have attained the age of majority in Your jurisdiction. You represent and warrant You are at least eighteen (18) years of age or or 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 eighteen (18) years of age or the age of majority in Your jurisdiction, whichever is greater, You must exit the Site immediately and may not use or access the Site or print or download any Materials from the Site whatsoever.
1. You may be asked to verify your birth date on the Birth Date Verifier™ form as a condition of entry onto the Site, pursuant to 28 U.S.C. §1746. Accordingly, if You provided incorrect information on the Birth Date Verifier™ page, You committed an act of perjury, this perjury was recorded, and this perjury may be used against You in any court proceeding or other tribunal of any kind.
2. We specifically disclaim any responsibility or liability for any misrepresentations regarding a User’s age.
3. You represent and warrant that You will not allow any minor to access to this Site. Users should implement parental control protections, such as computer hardware, software, or filtering services, which may help users to limit minors’ access to harmful material. You acknowledge that if Your computer can be accessed by a minor, that You will take all precautions to keep the contents of this site from being viewed by minors. You additionally acknowledge that if You are a parent, it is Your responsibility, and not Ours, to keep this site’s erotic content from being displayed to your minor children or other minors.
V. USER VERIFICATION
1. ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS CONTAINED ON THIS SITE ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO WILLING ADULTS IN GEOGRAPHICAL LOCATIONS WHERE THE MATERIALS, MESSAGES AND OTHER COMMUNICATIONS CONTAINED ON THE SITE DOES NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES OR ANY OTHER COUNTRY.
2. YOU HEREBY ACKNOWLEDGE AND REPRESENT THAT YOU KNOW AND UNDERSTAND THAT THE MATERIALS PRESENTED ON, AND/OR DOWNLOADABLE FROM, THIS SITE MAY INCLUDE VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND 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 MATERIALS FOR YOUR OWN PERSONAL VIEWING.
3. NOTHING CONTAINED ON THIS SITE IS INTENDED TO FACILITATE, ENCOURAGE OR CONDONE ILLEGAL ACTIVITIES. THE INFORMATION FOUND ON THE SITE IS PROVIDED ‘AS IS,’ AND THE USER IS EXCLUSIVELY AND SOLELY RESPONSIBLE FOR VERIFYING THE ACCURACY AND AUTHENTICITY OF ANY SUCH INFORMATION. YOU SHOULD NOT RELY ON ANY INFORMATION FOUND ON THE SITE WITHOUT FIRST CONDUCTING YOUR OWN INVESTIGATION. YOU ACKNOWLEDGE THAT THIS SITE IS PROVIDED FOR ENTERTAINMENT PURPOSES ONLY AND THAT YOUR USE OF THIS SITE WILL BE LIMITED TO SUCH PURPOSES. YOU ARE RESPONSIBLE FOR CONSULTING THE APPLICABLE LAW IN YOUR JURISDICTION BEFORE USING THIS.
4. YOU FURTHER REPRESENT AND WARRANT THAT YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS CONSTITUTES AN UNEQUIVOCAL REQUEST ON YOUR PART TO ACCESS THE MATERIAL VIA THE SITE AND THAT YOU HAVE NOT NOTIFIED ANY GOVERNMENTAL AGENCY THAT YOU DO NOT WISH TO ACCESS SUCH MATERIAL.
VI. CHILD PORNOGRAPHY / PEDOPHILIAC ACTIVITY PROHIBITED
WE HAVE A ZERO TOLERANCE POLICY FOR CHILD PORNOGRAPHY AND A ZERO TOLERANCE POLICY REGARDING PEDOPHILES OR ANY PEDOPHILIAC ACTIVITY.
1. You understand that all depictions of all persons on this Site and in all Materials produced or published by the Publisher are of persons over the age of eighteen (18) as of the date of the production of the depiction. We take great measures to ensure that no depictions of underage persons appear in any Materials which may be present on this Site.
2. If You seek any form of child pornography (including so-called “virtual” child pornography), You must exit this Site immediately. We do not permit this kind of material and We do not tolerate those who provide this kind of material nor do We welcome, permit or otherwise tolerate consumers of this kind of material.
3. In order to further Our zero tolerance policy, You agree to report any images, real or simulated, that appear to depict minors on Our Site. If You see any images or other depictions that are questionable, You agree to report these images by promptly emailing Us at cupidsmenu@gmail.com and providing us with location coordinates of where on this Site the unlawful material may be found.
4. Include with your report any appropriate evidence, including the date and time of identification. All reports will immediately be investigated and the appropriate action will be taken.
5. We fully and completely cooperate with any law-enforcement agency investigating child pornography. If You suspect websites are participating in unlawful activities involving minors, please report them to http://www.asacp.org.
VII. Images and Content:
A. Our Site contains images and content, including but not limited to text, software, images, graphics, data, messages, or any other information, some of which is posted by the Publisher, and some of which comes from third parties such as Advertisers, for publication on the Site. Collectively, this information is referred to as the “Materials.”
B. You acknowledge and stipulate that all of the Materials are expressive content that is fully protected by the First Amendment to the United States Constitution.
C. You acknowledge and understand that the Materials may be erotic in nature – and that they may contain visual depictions of nudity. You acknowledge that You are aware of the nature of the Materials on the Site and that You are not offended by such Materials, and that You access the Site freely, voluntarily, and willingly, and for Your own personal enjoyment.
D. None of the Materials relates to, encourages or condones illegal activity. If You are seeking information regarding any illegal activities, please leave this Site immediately.
E. You agree not to use or access the Site if doing so would violate the laws of Your city, county, state, province, or country.
VIII. RESTRICTIONS ON USE OF SITE:
A. You agree that You will use the Site only for the entertainment purposes expressly permitted and contemplated by this User Agreement. You may not use the Site for any other purpose without Our express, prior written consent.
B. Without Our express, prior written authorization, You may not:
1. Duplicate any part of the Site or the Materials contained therein (except as expressly provided elsewhere in this Agreement);
2. Create any derivative works based on the Site or any of the Materials contained therein, and You agree and stipulate that any and all derivative works are NOT “fair use”;
3. Use the Site or any of the Materials contained therein for any public display, public performance, sale or rental, and You hereby agree and stipulate that any and all such uses are NOT “fair use”;
4. Redistribute the Site or any of the Materials contained therein, and You hereby agree and stipulate that any and all such uses are NOT “fair use”;
5. Remove any copyright or other proprietary notices from the Site or any of the Materials contained therein;
6. Frame or utilize any framing techniques in connection with the Site or any of the Materials contained therein;
7. Use any meta-tags or any other “hidden text” using the Site’s name or marks, and You hereby stipulate that any use of the Site’s name or marks, or any other marks owned by the Publisher is an infringement upon the Publisher’s trademark rights. Further, You stipulate to liquidated damages of $5000.00 per such infringement, and You agree to pay any and all fees incurred in the recovery of this amount, including attorneys’ fees and all associated costs.
8. “Deep-link” to any page of the Site, or avoid agreement to the Site’s Terms & Conditions; you may only link to the main entry page;
9. Circumvent any encryption, age verification or other security tools used anywhere on the Site (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 the Site);
10. Use any data mining, bots, or similar data gathering and extraction tools on the Site;
11. Decompile, reverse engineer, modify or disassemble any of the software aspect of the Materials except and only to the extent expressly permitted by applicable law;
12. 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 specifically by this Agreement; or
13. Bookmark any page of the Site beyond the registration log-in screen.
14. Engage in any form of illegal conduct, harassment or offensive behavior, in connection with Your use of the Site, 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.
15. Use the Site to infringe the privacy rights, publicity rights, property rights, or other civil rights of any person;
16. Post messages or use the Sites 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 right of publicity, personal or proprietary rights, or (ii) is fraudulent or otherwise unlawful or violates any law.
17. Submit, or infect the Site with, any virus, spyware or similar file, program or code.
C. You agree to cooperate with the Publisher in causing any
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