Adult Search Terms of Use

as of October 7, 2003

> Restrictions on Use of Service

> Restrictions on Use of Content

> Copyright Policy

> Disclaimers

> Miscellaneous

> Privacy Policy for Rouze

Access to and use of the Rouze adult content portal (the “Service”) is provided to you subject to these terms and conditions (the “Terms”). These Terms comprise a legal agreement between you and PEI. PLEASE READ THESE TERMS CAREFULLY, BECAUSE BY ACCESSING OR USING THE SERVICE YOU INDICATE YOUR ASSENT TO BE BOUND HERETO AND YOUR ACKNOWLEDGMENT OF AND AGREEMENT TO THE PROVISIONS CONTAINED HEREIN. If you do not agree with or do not wish to be bound by these Terms, do not use the Service or remain on the Rouze website. PEI reserves the right to amend, change or otherwise modify these Terms, at any time in our sole discretion, and will post the amended Terms here.

Restrictions on Use of Service

Age Verification; Request for Service. You represent, warrant and covenant that you are at least 18 years of age and that it is legal to view adult material in your community. By using the Service, you acknowledge that you are requesting that PEI search its database of adult-related websites and that you are choosing to receive such information. You understand that PEI is in no way sending you such information without your permission.

Acknowledgment of Nature of Materials. You represent, warrant and covenant that you understand that the content and links presented through the Service may include visual, audio, and/or textual depictions of nudity and sexual activities, including, without limitation, heterosexual, bi-sexual and/or homosexual activities of a 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, you warrant to PEI that you are intentionally and knowingly seeking access to such materials for your own personal viewing for entertainment, informational and/or educational purposes only.

Personal Use Only. The Service, including, without limitation, all materials presented on the Service, is made available for your personal, non-commercial access and use only. You may not use the Service to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales. You may not take the results from a Rouze search and reformat and display them, or mirror the Rouze home page or any results pages on your website. In addition, you may not "meta-search" Rouze.

Modification of Service; Denial of Access. PEI reserves the right to change any information, features and functions of the Service without prior notice. PEI may deny you access to all or part of the Service without prior notice if you engage in any conduct or activity that PEI determines, in its sole discretion, violates these Terms, the rights of PEI or any third party, or is otherwise inappropriate.

Restrictions on Use of Content

Protection of Content. All materials published on the Service (including, but not limited to text, photographs, images, illustrations, audio clips and video clips, also collectively known as the “Content”) are protected by copyright and other intellectual property laws, and are owned, controlled by or licensed to PEI or the party credited as the provider of the content, software or other materials. You shall abide by all additional copyright or other notices, information or restrictions appearing in conjunction with any Content accessed through the Service.

Protection of Website. The Rouze website is protected by U.S. copyright laws, international conventions and other copyright laws. Except as set forth in these Terms, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content or the underlying technology of the Service in whole or in part.

Copyright Infringement & Agent for Notice . If you believe that any content has been used on the Service in a manner that constitutes infringement of your copyright, please provide our Copyright Agent with a written notice (email is sufficient) that includes the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright that has allegedly been infringed;

an identification of the copyrighted work claimed to have been infringed;

a description of where the material that you claim is infringing is located on the Service;

your address, telephone number, and e-mail address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

6. a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for notice of claims of copyright infringement on the Service is:

By postal mail:
Intellectual Property Counsel
PEI - Rouze
730 Fifth Avenue
New York, NY 10019

By telephone:
(212) 261-5000

By fax:
(212) 957-2900

By email:
copyright@rouze.com

Disclaimers

Regarding Links & Third Party Resources. The Service contains links to other related World Wide Web Internet sites, resources and sponsors of the Service. Selection of an ad banner or link will redirect you off of the Service to a third party website. Transactions that occur between you and any third party are strictly between you and the third party and are not the responsibility of PEI. PEI does not endorse any third party, nor guarantee the price, terms, performance of any goods or services, or information provided by any third party. Because PEI is not responsible for the availability of these outside resources or their content, you should direct any concerns regarding any external link to its site administrator or webmaster.

Regarding Search Results. PEI disclaims any and all responsibility or liability for the truth, accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Service’s results. PEI disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. PEI disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Service.

No Warranties. PEI neither represents nor endorses the accuracy or reliability of any opinion, statement or other information displayed, or distributed through the Service by any information provider or any other person or entity. THE SERVICE IS PROVIDED "AS IS." PEI 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 OR USEFULNESS OF ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES PROVIDED THROUGH THE SERVICE.

Limitation of Liability. PEI SHALL NOT 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 ACCESS TO OR USE OF THE SERVICE OR ANY OF THE MATERIALS PROVIDED BY PEI OR ANY THIRD PARTY THROUGH THE SERVICE, OR ANY DAMAGE OR LOSS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, OR DELAYS IN PERFORMANCE OF THE SERVICE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF PEI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

Risk of Use & Remedy. You hereby acknowledge that use of the Service is at your sole risk. In the event that you are in any way dissatisfied with the Service provided by PEI, your sole remedy is to discontinue your use of the Service.

Indemnification. You shall indemnify and hold PEI, and its parents, partners, affiliates, officers and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your violation of these Terms or your violation of any rights of another.

Miscellaneous

Governing Law. These Terms shall be governed by the laws of the United States and the State of New York, as applicable to contracts executed and delivered in New York between New York residents, without regard to conflicts of law principles. Any dispute arising out of these Terms shall be subject to the exclusive jurisdiction of courts located in New York, New York and you agree to submit to the personal jurisdiction and venue of such courts.

Severability. In the event that any of the provisions of these Terms are held to be unenforceable by a court or arbitrator, those provisions should be reformed to the extent necessary to make such provisions enforceable, and the remaining portions of the Terms will remain in full force and effect.

Entire Agreement; No Waiver. These Terms constitute the entire agreement between the parties with respect to your use of the Services, and supersede and replace all prior or contemporaneous understanding or agreements, written or oral, regarding the same. PEI’s failure to exercise or enforce any right or provision of these Terms will not be deemed to be a waiver of such right or provision unless in writing and signed by PEI.