Terms and Conditions of Use – Visitors or Members
BEFORE you are authorized to visit or access materials on the elegantvod.com
website, including any independent webmaster sub-domains that are accessed by you on
the elegantvod.com Adult Entertainment Network (all of the aforementioned collectively
referred to as the "AEN"), you are required to read and accept the following
Terms and Conditions of Use (the "Agreement"). Please take care to carefully read and
understand each and every provision contained in this Agreement before determining
whether you agree to proceed:
IN CONSIDERATION of the mutual promises set forth, the receipt and sufficiency of which are hereby acknowledged, the
parties hereto make the following representations to and agree with one another:
- If you do not agree to be bound by this Agreement, you may not access, view or use any part of the AEN, you
must exit the AEN immediately, and you may not print or download any material from the AEN, whatsoever.
- By accessing, viewing, using, printing, or downloading any material from the AEN, or by becoming a member of the AEN, you
agree to be bound by this Agreement, and may only use the AEN in accordance with this Agreement, as follows:
- Parties & Agreement. This Agreement is made and entered into by RNJ Communications. ("Company"), which
enables your access to the AEN, and "you", being a visitor to, member, or user of the AEN. Subject to the provisions
set forth in this Agreement, Company grants you a non-exclusive, non-transferable, wholly revocable license, to visit, join or
use the AEN, as applicable. This Agreement is subject to change by Company without prior notice and at any time, and changes
are effective upon notice to you by posting them here. Changes
shall take effect at the time they are posted and in the absence any affirmative act manifesting your consent. The
continuation of your use of the AEN whatsoever, shall constitute agreement and acquiescence to the whole Agreement as then
posted, including any Guidelines promulgated under it, despite any change in or difference they may contain from the terms of
- Age of Majority – Adult Content. All text, images, graphics, messages and communications, whatsoever, found on the
AEN (collectively referred to as "Content") are authorized only for distribution exclusively to persons over eighteen
(18) years of age who access the AEN in locations where such Content does not infringe upon or violate any local standard of
decency or any federal, state or local law or regulation of Canada, the United States or any other country. No person who is
under the age of eighteen (18) years may directly or indirectly view, download or possess any AEN Content. You are responsible
for knowing and understanding the standards of decency and other laws and regulations in place in your community concerning
adult-oriented Content, and Company in no way represents or warrants that Content is compliant with your local laws. You
hereby acknowledge and agree that Content on the AEN reflects explicit depictions of nudity and situations of an explicit
sexual nature, that you are familiar with Content of this kind, and that you are not offended by such Content. If you are, or
may be, so offended, you are strongly advised to refrain from accessing the AEN.
- No Child Pornography. No child pornography whatsoever is permitted on the AEN. If you see any images, real or
simulated, depicting minors engaged in sexual activity on the AEN, please report it to email@example.com immediately. Include with your report any appropriate
evidence, including the date and time. All reports will immediately be investigated and the appropriate action will be taken.
Company will cooperate with any law-enforcement agency investigating child pornography.
- Use of Content – Limitations. All Content contained on the AEN is protected under the laws of copyright, owned or
under license to Company, AEN webmasters or their designees, and represents proprietary and valuable intellectual property.
You cannot, under any circumstances, access, view, download, receive and make use of Content except as specifically permitted
by this Agreement. You shall at no time access, view, download, receive or otherwise use, or cause or enable any other person
or entity to access, view, download, receive or make use of any portion of said Content, directly or indirectly in places
where Company does not authorize such access, viewing, downloading, receipt or other use, including but not limited to any
nation, state or province or portion thereof where the access, viewing, downloading or any other use of the Content would, or
could reasonably, be a violation of any civil or criminal law, governmental regulation or court decision.
- Membership. You may access the non-public portions of the AEN only by being a member in good standing of the AEN.
You may become a member by completing an online registration form, and paying the applicable or stated fee. Upon submission of
the online registration form, Company and/or its authorized agents will process the application and supply you with a
confidential ID and Password to enter the non-public portion of the AEN. In connection with completing the online registration
form, you agree to: (1) provide true, accurate, current and complete information about yourself as prompted by the
registration form; and: (2) maintain and promptly update the registration data to keep it true, accurate, current and complete
at all times while you are a member. If you provide any information that is untrue, inaccurate, not current or incomplete, or
Company or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, Company has the right to refuse your membership application, and/or to suspend or terminate your
- Membership Fees. Should you access the AEN on the basis of a one month membership, be advised that all one month
memberships will automatically become regular monthly memberships at the end of the one month membership period unless the
user cancels their membership by using our online tools or by emailing firstname.lastname@example.org with their username and subscription ID number.
Subscriptions are recurring subscriptions meaning that you will automatically be billed monthly until you cancel your
membership. Company will pursue by collection agencies any subscriber knowingly
defrauding the system by credit card chargebacks or refunds. All membership cancellations require 48 hours notification to
fully process. If you believe that you have been erroneously billed, you are required immediately to notify Company of such
error. If you do not notify Company within thirty (30) days after such billing error first appears on any account statement
rendered by your credit card issuer or by Company (whichever is earlier), such fee will be deemed acceptable by you for all
purposes, including resolution of inquiries made by your credit card issuer. Company reserves the right to contract with a
third party to process all payments and to resolve chargeback disputes. Your account will be deemed past due if it is not paid
in full by the payment due date. If your account becomes past due, you agree to pay interest on the past due amount at a
monthly rate of 1.5 percent (18 percent per annum), plus any additional collection costs, credits, charge backs and legal
fees. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder.
You are responsible for reimbursing Company for all credit card charge backs, dishonored checks and related charges.
- ID & Password. Upon becoming a member of the AEN, Company will provide you with a unique ID and password which
allows access to the entire AEN. The ID and password are, and shall remain, the sole and exclusive property of Company, and
are issued to you in the form of a revocable, confidential, single-user, non-transferable license. You have a strict
obligation to keep the ID and password confidential. You are not permitted to re-distribute, share or trade your ID and
password with anyone. Should the confidentiality of either your ID or password become, or you have reason to believe that
either may have become, compromised or learned by a person other than you, you must immediately inform Company via e-mail. You
must remember your ID and password, because Company will not release that information to anyone, including you, for any
- Duty to Report. If the address or any other information pertaining to your credit card is changed for any reason,
or if your credit card is lost or stolen, or if your ID or password may have become compromised, you must immediately inform
Company via e-mail. Your failure to do so will be a material breach of this Agreement. IN THE EVENT OF YOUR FAILURE TO NOTIFY
COMPANY OF A LOST OR STOLEN CREDIT CARD, COMPANY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR CHARGES POSTED TO IT.
- Termination. Access to the AEN may be terminated by you at any time, with or without cause. In such event, you
agree to be personally liable for all charges incurred by you during or through the use of the AEN until the expiration of
your subscription period. You shall remain liable for such charges after termination of your access rights to the AEN for any
reason. Your access to the AEN may also be terminated by Company at any time, with or without cause. In such event, you will
be refunded any unused portion of your membership fee.
- Representations & Warranties: You represent and warrant to Company and Company Group that:
- you are aware that by the use of an AEN membership ID and password, you may encounter websites that include objectionable
materials not condoned by Company; and in that case, you should contact Company immediately at email@example.com about them immediately;
- you acknowledge that Company provides access verification services and the issuance of adult access IDs and passwords, and
that it does not sponsor, promote, or endorse the distribution of objectionable materials;
- in any event, it is lawful to receive and view said objectionable materials in the jurisdiction in which you reside,
receive or view the said materials;
- you will not use any of the materials that you view or access on the AEN, in any manner that is inconsistent with the
intellectual property, privacy and publicity rights of the lawful holders of those rights; and
- you assume all risk and accept all responsibility for any and all use of your AEN membership, for access to any
participating AEN websites, and for the use of any materials or Content (including programming, code, software, encryption,
data or other information technology) obtained from any participating AEN website.
- Third Party Communications. Company does not screen or endorse advertisements or communications submitted to it by
third-party licensees, advertisers, or visitors for electronic dissemination through the AEN. You are advised to use your own
judgment to evaluate all advertisements and other communications available at or through the use of the AEN prior to
purchasing goods and/or services described therein or otherwise responding to or acting upon any such communications.
from time to time, and except as may be modified herein, is a binding part of this Agreement. Company will not disclose,
disseminate, sell, lease or transfer any private information provided to it by a visitor, user or member to any third parties,
except in response to legal process. Otherwise, all data, information, compilations, statistical analyses, profiles,
membership history and transaction records are the sole and absolute property of Company. Notwithstanding the foregoing,
Company may utilize the outsourced services of trusted third parties to conduct real-time transaction and credit card
screening and to participate in credit card chargeback inquiries.
- DISCLAIMER OF WARRANTY. COMPANY DOES NOT GUARANTEE OR WARRANT THE COMPATIBILITY OF YOUR EQUIPMENT, COMPUTER OR
SOFTWARE, INCLUDING BUT NOT LIMITED TO, THE TYPE OF COMPUTER, COMPUTER CONFIGURATION, BROWSER SOFTWARE, OTHER SOFTWARE, DIAL
UP ACCOUNT, TCP/IP, WINSOCK OR ONLINE SERVICE. COMPANY IS NOT RESPONSIBLE FOR ANY DELAY OR INTERRUPTION IN SERVICE OR
INABILITY OF YOU TO ACCESS PARTICIPATING WEBSITES DUE TO TECHNICAL DIFFICULTIES OR FAILURE OF THE INTERNET, WORLD WIDE WEB,
TELEPHONE LINES, SWITCHING OR ANY OTHER CAUSES BEYOND ITS IMMEDIATE CONTROL. COMPANY GRANTS NO WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OTHER THAN THOSE WHICH
ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE STATUTORY LAW. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY COMPANY OR ANY MEMBER OF COMPANY GROUP SHALL CREATE A WARRANTY OR IN ANY WAY MODIFY THE SCOPE
OF THIS PARAGRAPH.
- EXCLUSION OF LIABILITY. COMPANY IS NOT LIABLE FOR DAMAGES WHATSOEVER RESULTING FROM DISSEMINATING, FAILING TO
DISSEMINATE, OR INCORRECTLY OR INACCURATELY DISSEMINATING ANY MATERIALS, DATA, ADVERTISEMENT OR OTHER COMMUNICATION AT OR
THROUGH THE AEN. IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON FOR LOSS OF BUSINESS OR PROFITS OR FOR ANY
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE AEN OR THE CONTENTS THEREOF,
EVEN IF COMPANY WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY OTHER CLAIM BY YOU OR BY ANY OTHER
PERSON. YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF A BREACH OF THIS AGREEMENT BY COMPANY IS A REFUND OF NO MORE THAN ONE
MONTH'S MEMBERSHIP FEE.
- Trade Marks and Service Marks. You acknowledge and agree that VIXEO and elegantvod.com are trade marks and/or
service marks of Company and that Company strictly governs their use.
- Indemnity. You agree to indemnify and hold harmless Company, and its owners, shareholders, officers, directors,
employees, contractors, attorneys, and agents (collectively referred to as the "Company Group") from and against any
and all liabilities, claims, damages and costs (including attorney's fees, government fines or forfeitures) arising in any way
out of the authorized or unauthorized use of your AEN membership ID or password, the receipt, viewing, transmission or
retransmission, or use of any Content by you or any unauthorized person using your ID or password, and any breach or alleged
breach by you of any covenant, representation or warranty made by you in this Agreement, including but not limited to
attempted or actual unauthorized downloading, viewing, retransmission, duplication or other unauthorized use of any Content,
or any disruption of the AEN caused directly or indirectly by you.
- Controlling Law. This Agreement shall be governed by and construed in accordance with the laws of the province of
Ontario and the federal laws of Canada applicable therein. The parties have required that this Agreement and all related
documents be drawn up in English. Les parties ont demande que cette convention ainsi que tous les documents qui s'y
rattachent soient rediges en anglais.
- Integration. Each party to this Agreement acknowledges that this Agreement constitutes the entire agreement of the
parties with regard to the subject matters addressed in this Agreement, that this Agreement supersedes all prior or
contemporaneous agreements, discussions, or representations, whether oral or written, with respect to the subject matter of
this Agreement, and that this Agreement cannot be modified except in a posted writing as hereinabove expressly provided. Each
party to this Agreement further acknowledges that no promises, representations, inducements, agreements, or warranties, other
than those set forth herein, have been made to induce the execution of this Agreement by said party, and each party
acknowledges that it has not executed this Agreement in reliance on any promise, representation, inducement, or warranty not
contained herein. Modifications of this Agreement (and of the Guidelines it provides for) shall supersede all prior Agreements
and Guidelines, respectively, from the time that each becomes effective.
- Severability and Construction. If any provision of this Agreement is held to be unenforceable for any reason, such
provision shall be reformed only to the extent necessary to make it enforceable, and all other terms and conditions shall
endure. Headings of sections or paragraphs in this Agreement are provided only for ease of reference and shall not be
construed as limiting or affecting the meaning of any term contained in any paragraph of this Agreement.
- Relations Among the Parties. Nothing in this Agreement shall constitute or be construed to constitute or tending to
create an agency, partnership, joint venture, master-servant or employer-employee relationship between Company or any member
of the Company Group and you, in any respect, any other provision of this Agreement notwithstanding.
- DMCA Policy. Company's "Digital Millennium Copyright Act (DMCA) Policy"
as amended by Company from time to time, is a binding part of this Agreement.