Erotic Photo Lounge Terms and Conditions

1. Your Agreement with Us. These terms and conditions constitute your agreement (the "Agreement") with Velocity Labs Pty Limited ACN 111 262 241 ("us", "we" etc) in relation to your subscription to and use of the eroticphotolounge.com website (the "Website"), your access to, and submission of material to, the Website, and your communications with other users of the Website.

2. Definitions. In this Agreement, "Content" means all content, material, photographs, images and any other information which is published on or posted to the Website, and includes Your Content and content posted by or at the request of other users; "Fees" means the membership and subscription fees and other charges relating to the Website set out at Membership Policy or otherwise notified to you at the time of subscription; "Intellectual Property" includes a group of legislative and common law rights including rights protected under the laws of copyright, design, patent, circuit layouts, confidential information, trade marks, business goodwill and reputation; "Privacy Policy" means our privacy policy, as set out at Privacy Policy or otherwise available on the Website, which may be varied at any time without notice. "Rules" means our rules and policies for the Website and the Content as set out at Content Policy or otherwise available on the Website, which may be varied at any time without notice; "Subject" means any individual who appears or is depicted or represented in, or whose image or likeness appears or is depicted or represented in, any Content; "Trade Marks" means EROTIC PHOTO LOUNGE and any other trade marks, trade names, business names, logos or devices used by us at any time in connection with the Website; "Our Intellectual Property" means all Intellectual Property in the Website, the Trade Marks and the Content, but excluding Your Content and content posted by or at the request of other users; "Your Content" means any and all Content published on or posted to the Website by you, at your request, or using your username and password.

3. Subscription. By subscribing to the Website and agreeing to pay the Fees, we will make certain features of the Website available to you. The particular features available to you will depend on your level of membership as set out in the Rules. To subscribe to the Website you must be over 18 years of age. You agree to provide such forms of identification to verify your identity and age (and those of any Subjects) as we may require at the time of subscription and at any time subsequently. You warrant that all information provided to us, including personal information and age details, is accurate and not misleading. Your subscription is not transferable. You must at all times keep secure any username or password allocated to you in connection with your use of the Website. You must ensure that no one other than you uses your username and/or password to access the Website or to post any Content. You will be directly liable to us for the actions of any such person accessing the Website or posting Content using your username and/or password, and you indemnify us against any loss or damage of any kind which it may suffer as a result.

4. Purpose of Website. The purpose of the Website is to allow subscribers to post artistic photographs and other material of an erotic nature in order to exhibit their work and allow comment from other subscribers. You agree that you will adhere to this purpose and will not use the Website or any Content for any other purpose.

5. Fees. In consideration for our making membership of the Website available to you, you agree to pay the Fees. You authorise us to deduct the Fees from your nominated credit card. Payment of any annual Fees is final and we have no obligation to refund you any part of such Fees should you cancel your membership prior to the expiry of your subscription period. Without limiting the foregoing, we have no obligation to refund you any Fees as a result of your computer or operating system not meeting the Website’s minimum technical requirements as set out at Minimum Technical Requirements. We have the right to increase any or all Fees on not less than 30 days notice.

6. Your Content. As part of your membership, you may post certain Content to the Website. You grant us a non-exclusive licence to publish Your Content on the Website and to communicate Your Content to the public via the Website. Without limiting the foregoing, any Content intended for your Public Photo Collection may be published on the Website’s homepage or other freely-accessible pages of the Website. You warrant to us that: (a) Your Content will comply at all times with the Rules; (b) Your Content will not be illegal or in breach of any laws; (c) Your Content will not depict any illegal activity or any activity in breach of any laws; (d) all Subjects in Your Content are over 18 years of age and have expressly consented to the publication of the relevant Content on the Website; (e) Your Content is not defamatory of any person; (f) Your Content is not threatening, abusive, offensive or obscene; (g) you are the sole and exclusive owner of all rights in Your Content, or have the express prior written permission of the Content owner to post the Content to the Website; (h) the publication of Your Content on the Website will not infringe the rights of any third party anywhere in the world; (i) Your Content will not contain advertising or promotional material and is not used or intended to be used for any commercial purpose, unless particular terms applicable to your level of membership expressly authorise such use; (j) Your Content will not contain any viruses or other material, components or data which may in any way harm or interfere with the Website or any systems, software, hardware or infrastructure maintained or used by us or any other person; (k) you will not create a link or links to the Website by or through which Your Content or any other Content could be accessed, unless particular terms applicable to your level of membership expressly authorise such use; and (l) your computer and operating system meet any minimum technical requirements for the Website which we may publish or make available from time to time.

7. Use of Content Generally. All Content is the property of the individual who has posted that Content and you take no rights of any kind in any Content posted by any other person. Without limiting the foregoing, you may not copy, reproduce, alter, publish, communicate or transmit any such Content. You may not use any Content for any commercial purpose.

8. Termination and Taking Down of Content. All Content is at our absolute discretion. We may take down or remove from the Website any Content at any time without notice to any person, including without limitation in circumstances where we receive any complaint, demand or notice in respect of particular Content. We may terminate this Agreement and cancel your subscription immediately without notice if you breach any term of this Agreement or if we believe, in our discretion, that any information you have provided, including without limitation as to your age or identity, is false or misleading. We reserve the right to contact or notify any relevant authorities, and to provide information including your personal information to such authorities, if we believe on reasonable grounds that your actions or any of Your Content is illegal or breaches any laws, or if we are otherwise legally required to undertake any such action.

9. Privacy Issues relating to Content. You acknowledge that, given the nature of the Internet, it is very difficult to ensure the privacy of Content posted to the Website. Content may be reproduced and republished or communicated by third parties without our consent elsewhere on the Internet and in other media. We disclaim all warranties or representations as to the privacy of Your Content. You acknowledge that you have no general right to privacy in respect of Your Content. Despite the foregoing, to the extent that you may now or in the future have any rights of privacy in respect of Your Content (or any similar rights including any rights in relation to invasion of your privacy) under any applicable laws, you irrevocably waive any and all such rights.

10. Privacy Issues relating to Personal Information. All personal information, including without limitation, names, contact details, photo ID and credit card details, are dealt with in accordance with the Privacy Policy. By agreeing to these terms and conditions you warrant to us that you have read and understood the terms of the Privacy Policy and that you agree to them.

11. Our Intellectual Property. We are the owner throughout the world of all rights in Our Intellectual Property. You acknowledge and agree that you take no interest of any kind in Our Intellectual Property.

12. Disclaimer, Exclusion of Warranties, and Limitations of Liability. While we may take such action as we think necessary to screen or monitor Content, we disclaim all liability in respect of and all responsibility for the Content. We are not liable to you or any other person in any circumstances for indirect, consequential or incidental damages or expenses of any kind (including, without limitation, loss of profits or other incidental or consequential damages) arising from or relating to any Content or the use of the Website. Unless expressly specified in this Agreement, we make no warranty or representation in relation to the Website or the Content. Your use of the Website is at your own risk. Without limiting the foregoing, we make no warranty that access to the Website or Content will be uninterrupted or error-free, that any defects will be corrected, that the server which stores and transmits Content to you is free of viruses or other harmful components, or that the Website will function or be supported on any particular type of hardware or operating system . The Website or the Content may contain links to sites maintained by third parties. We do not monitor such sites or their content and we disclaim all liability in respect of those sites, their content and their practices. All statutory and other warranties, promises or representations however made or given, whether express or implied, as to the state or quality of the Website or the Content, or the fitness for use of the Website, are expressly negatived and excluded to the fullest extent allowed by law. To the fullest extent to which it may from time to time be lawful to do so, the provisions of all statutes whether now existing or hereafter coming into force and operating directly or indirectly to lessen or otherwise modify or vary or effect in your favour your obligations hereunder, are expressly waived, negatived and excluded from this Agreement.

13. Provisions which cannot be excluded. This Agreement will not be read or applied so as to purport to exclude, restrict or modify, or have the effect of excluding, restricting or modifying, the application of all or any of the provisions of Part V of the Trade Practices Act, 1974 or Part 8 of the Sale of Goods Act 1923 (NSW) or of any other statute, act or law of the Commonwealth of Australia or any State or Territory thereof which by law cannot be excluded, restricted or modified. To the extent that we incur any liability to you under any such law, our liability will be limited to, at our option, the resupply of the services provided by us under this Agreement, or the cost of resupplying those services.

14. Indemnity for Breach. Without limiting our rights, you agree to indemnify us and keep us indemnified against: (a) all proceedings, claims, actions, demands, penalties or fines made against us, our officers, employees and agents by reason of or relating to your use of the Website, Your Content, or any breach of this Agreement by you; and (b) all costs, damages or expenses incurred by us, our officers, employees and agents in defending or settling such proceedings, claims or demands including without limitation legal costs on an indemnity basis. Your obligation in this regard survives termination of this Agreement.

15. Governing Law and Jurisdiction. This Agreement is made in the State of New South Wales. It shall be construed in accordance with and shall be governed by the laws for the time being in force in the State of New South Wales and the Commonwealth of Australia. You irrevocably submit to and accept the non-exclusive jurisdiction of any of the courts of the State of New South Wales in relation to any dispute relating to this Agreement. Nothing prevents us from commencing any proceedings against you in a court outside of Australia.

16. Miscellaneous. This agreement is personal to you and you may not assign or novate any of your rights under this Agreement. We may assign our rights under this Agreement in our discretion. This Agreement, together with the Rules and the Privacy Policy, forms the entire agreement between you and us with respect to your use of the Website. Each provision of this Agreement capable of having effect after termination and each representation and warranty made in this Agreement shall survive the termination of this Agreement. You acknowledge that we may not be adequately compensated by damages alone in respect of a breach of this Agreement by you, and that we may be entitled to urgent injunctive relief to restrain you from further action or breach.

17. Amendments. We may amend these terms and conditions from time to time, including our Privacy Policy, Minimum Technical Requirements and Content Policy. For major amendments we will provide you with notice in writing (possibly email). For minor amendments we may at our discretion place a notice or discussion thread in the forums. You will be deemed to have agreed to any amendment if you continue to use the Website after the amendment occurs, and notice is issued by us if applicable.

See also Privacy Policy

See also Minimum Technical Requirements

See also Content Policy

Erotic Photo Lounge contains content of an adult nature. By entering this site you are affirming that you are at least 18, you are of legal age in your country to view or post adult material, and that it is legal for you to view or post erotic material in your area. You also agree to our Privacy Policy, Minimum Technical Requirements and Content Policy. You assume full responsibility upon entering this site.