Acceptance of the Terms
Additionally, the Websites may themselves contain additional terms, codes of conduct or guidelines that govern use of those websites, including without limitation, particular features or offers (for example, free trials, sweepstakes or chat areas). In the event that any of the Terms contained herein conflict with any additional terms contained within any Websites, then these Terms shall control. Your use of the Websites constitutes Your Agreement to the Terms and any additional terms.
A Baroque House, and any third-party providers of content to the Websites, may make improvements and/or changes to the Websites including the products, programs, services and prices that are offered or described on the Websites, at any time, without prior notice. In addition, A Baroque House does not warrant that the products offered on the Websites are available to be shipped to all customers or that product descriptions or other content of the Websites is accurate, complete, reliable, current or error-free. If a product offered on the Websites is not as described, Your sole remedy is to return the product in unused condition.
You acknowledge that the Website contain sexually oriented adult material intended for individuals 18 years of age or older and of legal age to view sexually explicit material as determined by the local and national laws of the region in which You reside. You agree not to enter the Website if you are not 18 years of age or older, if sexually oriented adult material offends you, or if you are accessing the Websites from any community or country where adult material is specifically prohibited by law.
Intellectual Property Rights
A Baroque House, abaroquehouse.com, SamHel, SamHel Productions, www.samhel.com, Club Disgust, Gross Video are owned by a private creator under the alias "SamHel" (hereby referred to as "The Owner") and can be identified to the policing authority by emailing here and providing proper identification. Unless otherwise indicated, all information, images, text, messages, illustrations, graphics, logos, designs, icons, photographs, programs, data, software, music, sound, video, or other materials that are part of the Websites (collectively, the "Content") are protected by copyrights, service marks, publicity rights, or other proprietary rights and laws owned, controlled or licensed by A Baroque House or by third parties (the "Third Party Providers") who have provided materials to The Owner, and these rights are valid and protected in all forms, media and technologies, existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and The Owner, owns a copyright in the selection, coordination, arrangement, and enhancement of such Content.
You agree to indemnify and hold ADE, and its subsidiaries, affiliates, officers, agents, co-branders, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the use of the Websites.
Disclaimer of Warranties
YOUR USE OF THE WEBSITES IS AT YOUR SOLE RISK. THIS WEBSITE IS PROVIDED BY ADE ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNLESS OTHERWISE EXPLICITLY STATED, THE CONTENT ON THE WEBSITES IS PROVIDED "AS IS", "WITH ALL FAULTS," AND IS FOR COMMERCIAL USE ONLY. ADE DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ADE MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE CONTENT CONTAINED ON THE WEBSITES. ADE MAY MAKE AVAILABLE ON THE WEB SITES CONTENT AVAILABLE FOR DOWNLOADING THAT HAS BEEN SUBMITTED BY THIRD-PARTY USERS OF THE WEB SITES. ANY QUESTIONS REGARDING THE CONTENT SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH CONTENT. IN NO EVENT WILL ADE OR ITS SUPPLIERS BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE CONTENT OR INFORMATION FROM THE WEBSITES.
ADE MAKES NO WARRANTY OR CONDITION THAT: (i) THE WEBSITES WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITES WILL MEET YOUR EXPECTATIONS, OR THAT (v) ANY ERRORS IN THE WEBSITES SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ADE OR THROUGH OR FROM THE WEBSITES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE TERMS. ADE'S EMPLOYEES ARE NOT AUTHORIZED TO VARY THESE TERMS.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, ADE IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE (EVEN IF ADE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO: (i) THE USE OF OR THE INABILITY TO USE THE WEBSITES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES, INCLUDING CONTENT YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE FROM THE WEBSITES.
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITES AND WILL NOT MAKE A CLAIM AGAINST ADE FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE CONTENT.
YOU AGREE TO HOLD ADE HARMLESS FROM, AND YOU COVENANT NOT TO SUE ADE FOR, ANY CLAIMS BASED ON USING THE WEBSITES, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
You are prohibited from violating or attempting to violate the security of the Websites, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Websites, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. ADE will investigate occurrences that may involve such violations and may involve, and cooperate with, law enment authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Websites or any activity being conducted on the Websites. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Websites other than the search engine and search agents available from ADE on the Websites and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
The Terms constitute the entire agreement between You and ADE and govern Your use of the Websites, superseding any prior agreements between You and ADE (including, but not limited to, any prior versions of the Terms). You also may be subject to additional terms and conditions that may apply when You use other ADE services, third-party content or third-party software. You must not assign or otherwise transfer either the Terms or any right granted hereunder.
Any breach of the Terms will result in irreparable harm to ADE for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, ADE will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if ADE seeks such an injunction.
Pennsylvania law and controlling U.S. federal law govern any action related to the Terms. No choice of law rules of any jurisdiction apply. You and ADE agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Allegheny, Pennsylvania.
ADE controls and operates the Websites from its headquarters in Allegheny County, Pennsylvania, United States of America, and makes no representation that this Content is appropriate or available for use in other locations. If You use the Websites from other locations, You are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations including, but not limited to, the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Website to either a foreign national or a foreign destination in violation of such laws.
The failure of ADE to exercise or en any right or provision of the Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full and effect. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. The section titles in the Terms are for convenience only and have no legal or contractual effect.
These Terms represent the entire understanding relating to the use of the Websites and prevail over any prior or contemporaneous, conflicting, or additional, communications.