terms◗ ◖policies

By accessing or using our Services in any way, you agree to these Terms. If you do not agree to these Terms, you are not permitted to access or use our Services. Please read these Terms carefully, and feel free to contact us if you have any questions.

 
BASIC TERMS
 
  1. You may use our Services only if you can form a binding contract with us, and only as permitted by law. You are not allowed to use our Services if you are a person under the age of thirteen (13). Additional eligibility requirements may apply to some Services, and we will notify you of those requirements in these Terms or otherwise in connection with those Services.
  2. If you are using our Services on behalf of a company or other entity, you represent and warrant that you are at least eighteen (18) years old, and that you are authorised to bind that company or other entity to these Terms, in which case the terms "you" and "your" in these Terms will refer to that entity.
  3. We offer a variety of Services, and additional guidelines, terms and conditions may apply to some Services ("Service Terms"). By using those Services, you agree to their Service Terms. If any of our Services have Service Terms that conflict with these Terms, those Service Terms will control the extent of the conflict as relates to those Services.
  4. Our Privacy Policy is incorporated into and considered part of these Terms. By accessing or using our Services in any way, you agree that your information may be collected, stored, shared, processed, and used in accordance with our Privacy Policy and these Terms.
  5. You will need to subscribe for a Museum of Eroticism account in order to use some of our Services. You agree to provide only true and accurate information in connection with your account, and to update all such information as necessary to keep it accurate and current.
  6. You are responsible for maintaining the confidentiality of your account password, and for all activities that occur under or through your account or password. You agree to notify us immediately if you suspect or become aware of any unauthorised access to or use of your account or password or other breach of security on our Services.
  7. We may reclaim or repurpose any username or URL on our Services, at any time at our sole discretion, for any reason, including if we believe it is necessary to comply with the rights of a third party.
  8. Some of our Services may be accessible on mobile devices. You agree not to use those Services in a way that distracts you and prevents you from complying with any traffic or safety laws.
  9. You consent to receive communications from us electronically, and you agree that we may communicate with you by posting notices on our Services and/or by email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that all notices we provide to you by email will be considered received by you on the day that we send them. If you register for a subscription or otherwise provide us with an email address, you agree that we are not responsible for any automatic filtering that you or your network provider may apply to any email that we send to the email address you provided. If at any time you would like to withdraw your consent to receive emails, please contact us at [email protected] to do so, however it is understood and agreed by you that if you withdraw consent, you may not be able to participate in all Services offered.
  10. The trademarks, service marks, logos, and product names displayed on or in connection with our Services are the registered and unregistered trademarks and service marks of Museum of Eroticism or third parties.
  11. These Terms do not grant you the right to use any of our trademarks, service marks, logos, product names, domain names, or other distinctive brand features in any way.
  12. Please note that Content covers a wide range of art and subject matter, is generally uncensored, and may include nudity or other visual or written material that some people may consider offensive or inappropriate for children and minors. If you allow your child or anyone else to use your computer or other device, it is solely your responsibility to prevent them from accessing any Content that you think is or may be inappropriate for them.
  13. Subject to these Terms, you may access and view Content within our Services for your own personal, non-commercial use, in the context of your User experience, in accordance with the normal functionality and restrictions of our Services.
  14. Some Services may enable you to post, embed or transmit some Content in a way that will be accessible to others on our Services or in other locations online (such as other websites and social media services). You may use such Services in accordance with their normal functionality and restrictions, as permitted by any applicable Service Terms. However, the availability of such Services does not imply or give you permission to reproduce, distribute or otherwise use such Content in any other way, whether on our Services or in any other location.
  15. If you are a teacher, you may display Content on our Services to your students at a non-commercial indoor lecture or seminar conducted by you, provided you do not reproduce or distribute Content outside our Services in any way that is not specifically otherwise permitted by these Terms. Also, if any of your students access or use our Services, these Terms will apply to each of those students individually. However, please note that as per section 1, your students are not allowed to use our Services if they are under the age of thirteen (13).
  16. Except as expressly permitted by these Terms, you must not reproduce, distribute, adapt, modify, translate, create derivative works from, publish or otherwise use any Content in any way without express prior written permission from us or (as applicable) the appropriate third-party rights holder.
  17. Any commercial exploitation of any image or other Content without express prior written permission from us or (as applicable) the appropriate third-party rights holder, including any commercialised reproduction, distribution, publishing, or creation of derivative works, is strictly prohibited.
  18. Some Services may enable Users to submit, post, publish or otherwise provide User Content. Each User is solely responsible for all User Content that they provide on or through our Services.
  19. We do not endorse or make any representations or warranties of any kind with respect to any User Content and/or any statements, ideas, advice or opinions communicated on, through, or in connection with our Services (whether online, offline, orally, in writing or otherwise) by any User and/or third party, whether with respect to accuracy, completeness, truthfulness, reliability or otherwise. You acknowledge that any use of or reliance on any User Content and/or any such statements, ideas, advice or opinions is solely at your own risk.
  20. You acknowledge that we have no obligation to review or screen any User Content, and that by using our Services, you may be exposed to User Content that is inaccurate, misleading, offensive or otherwise objectionable.
  21. Some User Content may be marked as "featured" (or marked with other similar language) when it is provided on or through our Services. Such markings are for general informational use only and are not an endorsement, representation or warranty of any kind by us.
  22. We reserve the right, but have no obligation, to monitor and/or review any and all User Content and/or communications transmitted on or through our Services, to enforce or investigate potential violations of these Terms or our other policies or agreements with Users, to detect, prevent or otherwise address fraud, security or technical issues, or to otherwise administer, improve or operate our Services and/or customer support, without notice or liability, at any time at our sole discretion. We also reserve the right to access, preserve and disclose any information if we believe it is reasonably necessary to: (i) respond to claims against us or comply with any law, regulation, legal process or governmental request; (ii) enforce or administer these Terms or our other policies or agreements with Users; (iii) conduct customer support, or detect, prevent or otherwise address fraud, security or technical issues; or (iv) protect or enforce the rights, property or safety of Museum of Eroticism, you, or others.
  23. We reserve the right to remove or refuse to display any User Content on our Services, in whole or part, if we believe that such User Content may violate these Terms, the law or any third-party rights, or for any other reason, without notice or liability, at any time at our sole discretion.
  24. You acknowledge that you are in the best position to know if Your User Content may be used in connection with our Services. You are solely responsible for ensuring that Your User Content does not violate any law or regulation, or any right or intellectual property of any third party, including any copyright, moral right, trademark right, trade secret, patent right, privacy right, publicity right, or contractual right.
  25. By submitting, posting, publishing or otherwise providing any User Content on or through our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right and licence to use, host, store, process, reproduce, distribute, publish, adapt, modify, translate, create derivative works from, publicly perform, and publicly display Your User Content, in any and all media now known or later developed, for the purposes of operating, distributing, promoting, and improving our Services, and developing new Services. You represent and warrant that: (i) you own or otherwise control all of the rights to Your User Content; and (ii) the use of Your User Content does not violate these Terms and will not violate any right of, or cause injury to, any person or entity.
  26. Nothing in these Terms will restrict any other rights that we may have or later obtain with respect to Your User Content, such as rights under applicable laws or other licences.
  27. We will not be liable or responsible for any User Content, or for any use of Your User Content by us in accordance with these Terms.
  28. Certain images of artwork or other objects displayed on our Services may be available to download and use independently outside our Services ("Open Access Images"). Open Access Images are sourced from third parties (such as certain museums or other organisations) that have made the images available for unrestricted use, or for use under certain conditions (such as attribution requirements or additional licences).
  29. You may use Open Access Images without restriction, subject to any applicable laws, and any applicable third-party rights and conditions. However, please note that this permission applies only to any rights that the Museum of Eroticism itself may have with respect to the use of Open Access Images.
  30. We are not granting any permission or otherwise acting on behalf of any third party in connection with any Open Access Images. We do not represent or warrant that the use of any Open Access Images in any way will not violate the copyrights or other rights of third parties (such as trademark rights, privacy rights or publicity rights).
  31. When you download or use Open Access Images in any way, you are solely responsible for determining and complying with any applicable third-party rights and conditions.
  32. To help you determine what conditions may apply to the use of Open Access Images, certain rights information, source-identifying information, and conditions may be posted on our Services (for example, as part of the listing for the artwork or other object depicted in an Open Access Image). However, you agree that we have no obligation to post any such information or conditions on our Services, and that whether or not any such information or conditions are posted on our Services, additional conditions not posted on our Services may still apply, and you are responsible for determining and complying with them.
  33. You acknowledge and agree that: (i) your use of Open Access Images is at your own risk; and (ii) we will not be liable to you or any third party for any claims, demands, damages or losses of any kind resulting directly or indirectly from your use of or inability to use any Open Access Images in any way.
  34. Our Services include an online marketplace where Users may browse, buy, bid on, list, market, offer for sale, and sell artwork and other property. Our Services also include features that enable Users to contact and communicate with us or other Users about the property listed on our Services or otherwise.
  35. Minors are not allowed to use our Services as buyers, bidders or sellers. Any person that uses our Services to buy, bid on, list, market, offer or sell property represents and warrants that they are at least eighteen (18) years old and are otherwise able to enter into and form binding contracts under applicable law.
  36. Users must receive our express written permission and may be required (at our sole discretion) to provide additional information and/or to meet additional eligibility requirements before they are allowed to list, market, offer or sell property on or through our Services. For example, sellers may need to complete an additional registration process. These Terms apply to sellers, but these Terms alone do not give you permission to use our Services as a seller. As an additional example, Users who may wish to bid and/or buy in auctions may also be required to provide additional documentation (including, without limitation, financial information) before being permitted to do so.
  37. Our Conditions of Sale contain important information and additional terms and conditions that apply to our marketplace. It is your responsibility to read them carefully before buying, bidding on, inquiring about, listing, marketing, offering or selling any property on or through our Services. Our Conditions of Sale are incorporated into and considered part of these Terms.
  38. As a marketplace, unless otherwise agreed to or noted in writing, we do not own, take title to, have possession of, or sell the property listed, marketed, offered or sold on or in connection with our Services (whether online or offline). We do not sell property on behalf of the seller. All property is offered for sale and sold directly from the seller to the buyer, and we are not a party to any sale. We do not transfer, and are not responsible for transferring, legal ownership or physical possession of property from the seller to the buyer.
  39. We may facilitate communication or payment between buyers, prospective buyers, bidders, and sellers in connection with some property. However, such Services are offered for convenience only. We have no agency authority and are not the agent of any buyer, prospective buyer, bidder or seller for any purpose. Our involvement in any sale transaction is limited to providing this marketplace, and, in some cases, accepting payment from the buyer on behalf of the seller in connection with the sale of some property. We may, but are not obligated to, provide intermediary services between buyers, prospective buyers, bidders, and sellers in connection with customer service or dispute resolution matters. In the event we elect in our sole discretion to provide intermediary services, we will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Our decision is final and binding on all parties and cannot be appealed, challenged or reversed.
  40. We do not endorse or control and are not responsible for the conduct (whether online or offline) of any buyer, prospective buyer, bidder or seller. We make no representations or warranties as to the character, reputation, policies or practices of any buyer, prospective buyer, bidder or seller. We make no representations or warranties that any buyer, prospective buyer, bidder or seller will complete any transaction or otherwise perform as promised (whether or not we collect or agree to collect payment from any buyer on behalf of any seller).
  41. We do not endorse or make any representations or warranties of any kind, express or implied, with respect to: (i) Users' listings on our Services or related User Content, whether as to accuracy, completeness, truthfulness, reliability or otherwise; or (ii) any property listed, marketed, offered or sold (whether online or offline) by any User and/or third party, whether as to quality, size, condition, description, provenance, attribution, authenticity, legality, merchantability, fitness for a particular purpose, or otherwise.
  42. No statement made by any seller about any property (whether orally, in writing, on our Services or otherwise) will be considered a representation, warranty, or assumption of liability of any kind by us.
  43. We reserve the right, at any time at our sole discretion, to refuse to list, de-list, or delay or suspend listing of any property on our Services. We will not be liable to any User for doing so.
  44. We may receive a commission from some sellers on some sales, subject to separate agreements between us and those sellers.
  45. Our Services may include links and features that enable you to access other websites or services, and other websites or services may include links to our Services.
  46. Such links and features are for convenience only and do not constitute or imply any endorsement, warranty, or assumption of liability of any kind by us with respect to any such websites or services, or any information, materials, goods or services on or available from any such websites or services.
  47. You are solely responsible for, and assume sole risk arising out of, any use of or reliance on any such websites or services, or any information, materials, goods or services on or available from any such websites or services.
  48. You acknowledge and agree that the Museum of Eroticism Parties (defined below) are not responsible and will not be liable for: (i) the accuracy or availability of any such websites or services; or (ii) any information, materials, goods or services on or available from any such websites or services.
  49. Our Services may use Google Maps/Earth mapping services, including Google Maps/Earth APIs. By using our Google Maps/Earth API implementation, you agree to Google's terms of use and privacy policy as amended by Google from time to time.
  50. You are solely responsible for reviewing any terms of use and/or privacy policies of any other websites or services to which we may link, and we assume no liability for the information contained therein.
  51. If the use of our Services results in the need for servicing or replacing any equipment or data, the Museum of Eroticism Parties will not be responsible for those costs or losses, and we urge you to back up your data at all times.
  52. No advice or information (whether oral or written) obtained from the Museum of Eroticism Parties, or through our Services or any Content, will create any warranty by us not expressly stated in these Terms or in a separate written agreement between you and us.
  53. We may provide rules for using our Services, but the Museum of Eroticism Parties do not endorse or control and are not responsible for the conduct (whether online or offline) of any User and/or third party on or in connection with our Services.
  54. You agree to indemnify, defend, and hold harmless Museum of Eroticism and our officers, directors, agents, and employees from and against any and all third-party claims, demands, suits, and proceedings, and all related damages, losses, judgments, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (i) your breach of any of these Terms, Service Terms, and other applicable agreements with us (including any term or condition incorporated into these Terms by reference); (ii) Your User Content; (iii) any misrepresentation made by you; or (iv) your violation of any law or the rights of any third party, including any intellectual property right, privacy right, or publicity right.
  55. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate as fully as reasonably required by us in conducting such defence. In any case, you agree not to settle any such matter without our prior written consent. Your indemnification and defence obligations provided in these Terms will survive these Terms and your use of our Services.
  56. Our Services are updated frequently, and their form and functionality may change without notice. We reserve the right to change, modify, add, remove or discontinue any and all of our Services (and/or the appearance, design, functionality, and all other aspects of any and all of our Services), in whole or part, temporarily or permanently, with or without notice, for any reason or no reason, at any time at our sole discretion.
  57. We will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to our Services, including any loss of business or the ability to use any product, service or Content.
  58. Our business changes with time, and these Terms will change also. We reserve the right to change these Terms, including the right to change, modify, add or remove any part of these Terms, without prior notice, at any time at our sole discretion.
  59. All changes to these Terms will be effective when posted on our Services, or at such later date as may be specified in the updated Terms.
  60. By continuing to use our Services after any changes to these Terms become effective, you agree to such changes and the updated Terms.
  61. You agree that we may notify you of any changes to these Terms by posting the updated Terms on our Services, and you agree to review these Terms regularly and inform yourself of all applicable changes.
  62. If you do not agree to any changes made by us to these Terms, you will no longer be permitted to use our Services.
  63. Changes to these Terms will not apply to any claim or dispute that arose before such changes became effective, all of which will remain subject to the version of these Terms in effect at the time that such claim or dispute arose.
  64. We will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to these Terms, including any loss of business or the ability to use any product, service or Content.
  65. You may stop using our Services at any time, subject to any other agreements between you and us.
  66. Regardless of any other statement in these Terms, we reserve the right to terminate these Terms, to terminate your account (if you have an account), and/or to limit, terminate or suspend your access to or use of any or all of our Services, at any time at our sole discretion, without notice or liability, for any reason or no reason, including if you violate the letter or spirit of these Terms, Service Terms, and other applicable agreements with us.
  67. After any termination of these Terms and/or any termination of your access to or use of our Services, the following will survive and remain in full force and effect: (i) all outstanding obligations you may have to us under these Terms or otherwise; (ii) all remedies for breach of these Terms; and (iii) all the stated sections
  68. We respect the intellectual property rights of others and expect Users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond to notices of claimed copyright infringement that are properly provided to our designated copyright agent ("Copyright Agent"), whose contact information is listed below.
  69. We reserve the right to remove or disable access to any Content on our Services claimed to be infringing, at any time at our sole discretion, without notice or liability. In appropriate circumstances, we will also terminate Users and account holders who are repeat infringers.
  70. If you believe that Content on our Services has been used in a way that constitutes copyright infringement, please provide our Copyright Agent with a written notice containing all of the following information ("DMCA Notice"):
    • A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • Identification of the copyrighted work claimed to have been infringed;
    • Identification of the Content that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate such Content on our Services;
    • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
    • a statement that you have a good faith belief that use of the Content in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
    • a statement that the information in your notice is accurate and, under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
  71. If you are the provider of Content that was removed (or to which access was disabled) and you believe that such Content is not infringing, or that the use of such Content is authorised by the copyright owner, the copyright owner's agent, or the law, you may provide our Copyright Agent with a written counter-notice containing all of the following information ("Counter-Notice"):
    • your physical or electronic signature;
    • identification of the Content that was removed or to which access was disabled, and the location at which such Content appeared on our Services before it was removed or access to it was disabled;
    • a statement under penalty of perjury that you have a good faith belief that the Content was removed or disabled as a result of mistake or misidentification of the Content; and
    • your name, address, and telephone number, and a statement that you consent to the jurisdiction of the New Delhi Court, and that you will accept service of process from the person who provided the notice of claimed infringement or an agent of such person.
  72. Our Copyright Agent designated to receive DMCA Notices and Counter-Notices may be contacted as follows:
  73. You acknowledge that your DMCA Notice or Counter-Notice may not be valid if it is not addressed to our Copyright Agent or it does not provide substantially all of the information specified above. To help us receive your DMCA Notice or Counter-Notice in a timely manner, please send it by email if possible.
  74. If you provide us with a DMCA Notice, you agree that we may send a copy of it (including your name and contact information) to the provider of the disputed Content.
  75. Please note that the procedure described above in this section is intended to comply with our rights and obligations under the DMCA, but does not constitute legal advice. If you knowingly misrepresent that online material is infringing, you may be subject to criminal liability for perjury and civil penalties, including monetary damages, court costs, and attorneys' fees. If you are not sure whether you are (or are authorised to act on behalf of) the owner of an exclusive right in any disputed Content, you may wish to consult an attorney about your rights and obligations under the DMCA and any other applicable laws.
  76. The information we collect helps us to operate, improve, protect, and customise our Services, as well as develop new Services. The information we collect also helps us provide customer support and make our Services more efficient for you and other Users.
  77. For the sake of transparency, it is our responsibility to outline for you the legitimate business purposes for the collection of information and the reasons why we do so, in order for you to make an informed decision regarding the use of our Services.
  78. In addition to the other uses of information described in this Policy, we may use all of the information that we obtain from or about you for the following purposes and reasons:
    • to provide our Services to you, including new Services we develop later (reason: legitimate business purpose and performance of a contract);
    • to provide you with customer support (reason: legitimate business purpose);
    • to facilitate your communications or transactions with us or other Users (reason: to receive consent, and for legitimate business purpose);
    • to operate, improve, and customise our Services, Content, and marketing, to develop new Services, and to understand how you use and interact with our Services and Content, and the products, services, and Content of others (reason: legitimate business purpose);
    • to develop and display more customised Content and ads to you on or off our Services (reason: to receive consent, and for legitimate business purpose);
    • to promote and maintain a trusted, safer, and more reliable environment on our Services, for example, to help detect, prevent or otherwise address fraud, security or technical issues, conduct investigations or risk assessments, or verify actions taken by you or associated with your account (reason: to protect the public interest and for legitimate business purpose);
    • to contact you (by email, postal mail, telephone, mobile devices, SMS text message, or as otherwise authorised by you) in order to address issues with your account or use of our Services, collect fees, send you updates about our Services or policies, or for other purposes permitted by law (reason: performance of a contract and for legitimate business purpose);
    • to contact you (by email, postal mail, telephone, mobile devices, SMS text message, or as otherwise authorised by you) in order to send you marketing communications, promotional messages, and offers about our Services and Content, and the products, services, and Content of others (see below for information on how to opt out of receiving certain communications from us) (reason: to receive consent, and for legitimate business purpose);
    • to facilitate your participation in contests, sweepstakes or other promotional events sponsored or conducted by us or by others in conjunction with us (reason: performance of a contract);
    • to comply with our legal obligations, resolve disputes, or enforce our Terms of Use or any other Museum of Eroticism policies or agreements with Users (reason: compliance with a legal obligation); and
    • to perform other functions as described when the information is collected or requested, or for other purposes with your prior consent (reason: legitimate business purpose).
 
GENERAL INSTRUCTIONS
 
  1. You may use our Services only if you can form a binding contract with us, and only as permitted by law. You are not allowed to use our Services if you are a person under the age of thirteen (13). Additional eligibility requirements may apply to some Services, and we will notify you of those requirements in these Terms or otherwise in connection with those Services.
    • submit, post, publish or otherwise provide any User Content on or through our Services, or take any other action in connection with our Services (whether online or offline), that: (i) infringes, misappropriates or violates the rights or intellectual property of any third party, including any copyright, moral right, trademark right, trade secret, patent right, privacy right, publicity right, or contractual right: (ii) violates (or encourages any conduct that would violate) any applicable local, state, national, or international law or regulation, including any tax law, consumer protection law, or law governing the export or import of data, goods, services or software; (iii) is deceptive, misleading, fraudulent, defamatory, libellous, abusive, harassing, discriminatory, hateful, malicious, inciting of violence, threatening, sexually explicit, or obscene; or (iv) impersonates or misrepresents your relationship with any person or entity;
    • create a false or misleading Museum of Eroticism account or User profile with inaccurate or untrue information;
    • use our Services to list, market, offer for sale, or sell goods or services without our express prior written permission;
    • use our Services or any Content in connection with posting or distributing spam or other unauthorised or unsolicited advertising, promotional messages, or bulk electronic communications;
    • collect information about Users (including email addresses) or send marketing email or other promotional communications to Users without their consent;
    • access our Services by any means other than the interface and instructions that we provide;
    • access, tamper with, or use non-public areas of our Services, our computer systems, or the technical delivery systems of our service providers;
    • breach, disable or circumvent any security or authentication measures on or in connection with our Services;
    • interfere with the normal operation of our Services or the access of any User, including transmitting any viruses or harmful code, flooding our Services with excessive requests or traffic, or taking any other action that creates (in our sole estimation) an unreasonable or disproportionately large load on our servers or systems;
    • decipher, decompile, disassemble, reverse engineer, or otherwise derive or extract any source code or underlying ideas or algorithms of, any of our Services;
    • adapt, modify, create derivative works from, or redistribute any of our Services without our express prior written permission;
    • use any robot, scraper, spider, or other automatic or manual process to monitor or extract data from our Services without our express prior written permission (we may also use robot exclusion headers within our Services and you agree to comply with all such headers);
    • forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use our Services or any Content to send altered, deceptive, or false source-identifying information;
    • mirror, frame or display any part of our Services on any other website or elsewhere without our express prior written permission;
    • use any meta-tags or other hidden text or metadata containing any Museum of Eroticism trademark, service mark, product name, or URL without our express prior written permission;
    • use any Museum of Eroticism trademark, service mark, product name, logo or URL in any way that incorrectly suggests our affiliation with or endorsement of any person, entity, event, product or service;
    • use any trademark, service mark, product name, logo, trade dress, or design that is in any way confusingly similar to any Museum of Eroticism trademark, service mark, product name, or logo, or to the look and feel of any of our Services; or
    • remove, conceal, modify or tamper with any copyright, trademark, or other proprietary marking or notice, or any digital watermark or other technical measure used to indicate the source or ownership of any image or other Content.
  2. Without limiting other rights or remedies, we reserve the right to limit, terminate or suspend any User's account and/or access to or use of any or all of our Services, at any time at our sole discretion, if we believe that such User is violating the rights of any third party, that such User's conduct may be exposing us or others to legal or financial liability, or that such User is acting inconsistently with the letter or spirit of these Terms, Service Terms, and other applicable agreements with us, and we will have no liability to such User for doing so. In any case, we reserve the right to investigate and prosecute violations of these Terms to the fullest extent permitted by applicable law.
 
DEFINITIONS
 
  1. In these Terms:
    • "User" means any person or entity that accesses or uses our Services in any way, whether or not they register for a Museum of Eroticism account, including you.
    • "Content" means any and all images, text, information, data, audio, video, graphics, computer code, software, and other material provided on or through our Services, including when we send you email. Content includes both Museum of Eroticism Content and User Content.
    • Museum of Eroticism Content" means any and all Content that we provide on or through our Services, including Content licensed from a third party, but excluding User Content.
    • "User Content" means any and all Content that a User submits, posts, publishes or otherwise provides on or through our Services.
    • "Your User Content" means any and all User Content that you submit, post, publish or otherwise provide on or through our Services.
    • "on our Services" means on the Museum of Eroticism website and/or (as applicable) on any Museum of Eroticism mobile application.
    • "including" means "including but not limited to" unless we specifically indicate otherwise.