TERMS AND CONDITIONS

The following Terms and Conditions govern your use and access to the Web site Arou.se (the “Site”).

IMPORTANT! These Terms and Conditions govern your relationship with the Site. By accessing, using, printing, installing, or downloading any material from the Site or joining it, you agree to be bound by these Terms and Conditions. These Terms and Conditions are subject to change by the Site at any time in its discretion. Your use of this Site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. If you do not agree to be bound by these Terms and Conditions, you may not enter the Site, you must exit the Site immediately and you may not use or access any of the Site or print or download any materials from it. You may use and access the Site only in accordance with these Terms and Conditions. Please consult these Terms and Conditions regularly and read them carefully before using the Site. You affirm that you have read this Agreement and understand, agree and consent to its Terms and Conditions.

You are solely responsible for obtaining access to the Site and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Site.

I. About this Web Site

Arou.se is owned and operated by Arouse Ventures, Ltd., (“Arouse Ventures”) a corporation chartered by and in the country of Belize, 35 New Road, Belize City, Belize.  Most of the entertainment on this site, including all of the people that you see who are entertaining you and promoting products and entertainment is not the product of Arouse Ventures.  Rather, Arouse Ventures furnishes an Internet platform for those individuals and entities that operate independently of Arouse Ventures.  They promote products and entertainment of their own or of other companies.

Accordingly, if you purchase a product or entertainment promoted by someone you see on this Web site, the terms of that purchase are dictated by its supplier, not by Arouse Ventures; and any defect in the product or entertainment is the responsibility of its supplier, not Arouse Ventures.  Moreover, the terms of the sale of any product or entertainment promoted by anyone appearing on this Site are governed by its supplier, not by Arouse Ventures, which has no control over any such supplier; that includes limited warranties, return policies, pricing policies, renewal terms and all other policies associated with the sale of such products or entertainment.

If any product or entertainment promoted on this site violates any rights of yours, the responsible party is the source of the product or entertainment, not Arouse Ventures.  However, if you report such a violation to Arouse Ventures, it may – but is not required to – discipline the offending party, such as by denying further access to Arouse Venture’s Web platform.  For copyright violations, see below.

II. Adult Entertainment

The Site offers online entertainment services some of which may be deemed adult in nature and that may contain graphic depictions, nudity, adult language, and descriptions of explicit sexual activity. You acknowledge that you are aware of the nature of the content provided by the Site, that you are not offended by such content and that you access the Site freely, voluntarily and willingly.

III. Age of Majority

You represent and warrant you are at least 18 years of age and that you are at least the age of majority in your jurisdiction, and that you have the legal capacity to enter into this agreement. If you are not both, you must exit the Site immediately and may not use or access the Site or print or download any materials or purchase any materials (as defined below) from them.

IV. No Child Pornography

You understand that all persons appearing on the Site were at least 18 years of age at the time of any visual depiction of them; and that the Site contains no child pornography. We take a strong and definite stand against child pornography and only publish images of consenting adults for consenting adults. If you see any images, real or simulated, depicting minors engaged in sexual activity within the Site, please report to legal@arou.se. 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. We enthusiastically cooperate with any law-enforcement agency investigating child pornography. If you suspect other outside websites are participating in unlawful activities involving minors, please report them to www.asacp.org.

V. Trademark Information

The uniform Resource Locators (URLs) of the Site are trademarks in throughout the world. All rights are reserved. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners. Those marks may not be used publicly except with express written permission from the trademark owners, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits the Web Site Operator.

VI. Copyright

Copyright infringement – the unpermitted copying of artistic materials – is a crime in materially every country.  Arouse Ventures strongly respects the rights of artists to control their artistic works.  Accordingly, Arouse Ventures goes well beyond what is required of it in order to protect artist’s rights, including its own.

Materials that emanate from Arouse Ventures appearing on this Site are either copyrighted by Arouse Ventures or on a platform furnished by Arouse Ventures and used by the copyright owner.  Arouse Ventures will aggressively pursue anyone reproducing any such materials without prior written consent of Arouse Ventures.

Arouse Ventures reserves the right at any time to implement a “notice and takedown” procedure upon receipt of any notification of claimed infringement and to disable access to, or remove any material or activity accessible on or from any Site or any materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent.

Moreover, Arouse Ventures, so as to protect the owners of American copyrights, employs the “notice and takedown” mechanism set forth in the Digital Millennium Copyright Act, 17 U.S.C. § 512(c), as follows:

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide The Web Site Operator’ Copyright Agent the following information:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) A description of the copyrighted work or other intellectual property that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on a Site;

(d) Your address, telephone number, and email address;

(e) 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

(f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

You may send your Notice of Claimed Infringement to our Service Provider Designation of Agent to Receive Notification of Claims of Infringement, who is registered at the Library of Congress (See http://www.copyright.gov/onlinesp/):

Clyde DeWitt
Law Offices of Clyde DeWitt
2300 West Sahara Avenue, Suite 800
Las Vegas, Nevada 89102
ClydeDeWitt@EarthLink.net

Please do not sent other inquires or information to our Designated Agent.

VII. Access to Site

Subject to these Terms and Conditions, Arouse Ventures hereby grants you a limited, nonexclusive, nontransferable personal license to access the Site and the materials contained therein. You may cache the Materials onto a single computer for your personal, non-commercial internal use only. All Materials on the Site shall be for private use only, and all commercial and other uses are strictly prohibited. You agree to prevent any unauthorized copying of any of the Site, or any part thereof. Any unauthorized use of the Site or any of the materials contained therein terminates this limited license effective immediately. This is a license to use and access the Site for its intended purpose and is not a transfer of title. Violators of this limited license may be prosecuted to the fullest extent under law.

VIII. Restrictions on Use of the Site

You may use the Site for purposes expressly permitted by it. You may not use the Site or any part thereof for any other purpose, including any commercial purpose whatsoever, without the express prior written consent of Arouse Ventures, nor without that consent may you (a) duplicate the Site or any part thereof (except as expressly provided herein); (b) create derivative works based on the Site or any part thereof; (c) use the Site or any part thereof for any commercial purpose, or for any public display, public exhibition, public performance, sale or rental; (d) distribute the Site or any part thereof; (e) remove any copyright or other proprietary notices from the Site or any part thereof; (f) frame or utilize any framing techniques in connection with the Site or any part thereof; (g) use any meta-tags or any other “hidden text” using any name or mark displayed in the site; (h) “deep-link” to any page of the Site (including the homepage); (i) circumvent any encryption or other security tools used anywhere on the Site (including the theft of user names and passwords or using another person’s user name and password); (j) use any data mining, robots or similar data gathering and extraction tools on the Site; (k) decompile, reverse engineer, modify or disassemble any of the software aspect of the Site except and only to the extent permitted by applicable law; (l) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the Site or any part thereof or any of your rights to access and use the Materials as granted herein; or (m) bookmark any page of the Site beyond the log-in screen. You agree to cooperate with Arouse Ventures in causing any unauthorized use to cease immediately. At any time, if the Site provides a service enabling users to share information or communicate with other users, you hereby agree not to publish, disseminate or submit any defamatory, offensive or illegal material while using the Site or other services included on the Site. You are solely responsible for submitting any illegal material even if a claim arises after your service is terminated, and, by doing so, your actions shall constitute a material breach of this Agreement and the Site shall terminate all your rights under this Agreement. If users are allowed to share information and communicate with other users, you agree that all materials you submit will be accessible to other users and will not be secure or private. You hereby agree that you have been noticed that all communications submitted to the Site can be accessed by agents, operators, and other users, regardless if they are the intended recipients of the messages.

IX. Links

The Web sites that are linked to the Site are owned and operated by third parties. Because Arouse Ventures has no control over such sites and resources, you acknowledge and agree that Arouse Ventures is not responsible for the availability of such external sites or resources, and does not screen or endorse them, and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Arouse Ventures shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any such site or resource. If you decide to access any such third party sites, you do so entirely at your own risk and subject to any terms and conditions and privacy policies posted therein.

X. Disclaimer of Warranty

YOU EXPRESSLY AGREE THAT USE OF THE SITE OR ANY OF THE MATERIALS CONTAINED THEREIN IS AT YOUR OWN AND SOLE RISK. THE SITE AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. AROUSE VENTURES MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR ANY MATERIALS CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES AROUSE VENTURESMAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE OR ANY OF THE MATERIALS CONTAINED THEREIN. YOU ALSO UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR ANY OF THE MATERIALS CONTAINED THEREIN IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU UNDERSTAND THAT AROUSE VENTURESCANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. AROUSE VENTURESDOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET. AROUSE VENTURESMAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE AND IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY SELLERS OR THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

XI. Limitation of Liability

IN NO EVENT SHALL AROUSE VENTURES(OR ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS) BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, OR GOODWILL, WHICH MAY ARISE FROM ANY PERSON’S USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY OF THE MATERIALS CONTAINED THEREIN, EVEN IF AROUSE VENTURESS BEEN ADVISED OF THE PROBABILITY OF SUCH DAMAGES. THIS IS FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF AROUSE VENTURESHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AROUSE VENTURES’ MAXIMUM TOTAL AGGREGRATE LIABILITY HEREUNDER FOR DIRECT DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF THE SITE FOR A PERIOD OF NO MORE THAN ONE (1) MONTH FROM THE ACCRUAL OF THE APPLICABLE CAUSE OR CAUSES OF ACTION. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

XII. Indemnity

You agree to defend, indemnify, and hold harmless Arouse Ventures, its officers, directors, shareholders, employees, independent contractors and agents, from and against any and all claims, actions, liabilities, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or you under another person’s authority including without limitation to governmental agencies, use, misuse, or inability to use the Site or any of the Materials contained therein, or your breach of any of these Terms and Conditions. Arouse Ventures shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. Arouse Ventures may participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but is not obligated to do so.

XIII. Force Majeure

Arouse Ventures shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, including Y2K errors or omissions, for so long as such event continues to delay The Web Site Operator’ performance.

XIV. General Provisions

A. Dispute Resolution

Arbitration:  The parties shall submit all disputes relating to this Agreement, whether contract, tort, or both to confidential, binding arbitration, in accordance with the Belize Arbitration Act for single-arbitrator, streamlined commercial disputes, in Belize City, Belize applying Belize law.  Either party may enforce the award of the arbitrator in any court having jurisdiction over the party against whom the award was made. The parties understand that they are waiving their rights to a jury trial to the extent that they may be entitled to one.

Rights to Injunctive Relief:  Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.

B. Assignment

The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be. Neither these Terms and Conditions nor any rights granted hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you.

C. Severability

If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.

D. No Waiver

No waiver of Arouse Ventures shall be deemed a waiver of any subsequent default of the same provision of these Terms and Conditions. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms and Conditions.

E. Headings

All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms and Conditions.

F. Complete Agreement

These Terms and Conditions constitute the entire agreement between the parties with respect to your access and use of the Site and its contents, and your membership the Site, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (except, to the extent applicable, any Download Agreement or similar contract governing the parties’ rights and responsibilities in connection with any specific Materials downloadable from a Site). No amendment to or modification of these Terms and Conditions will be binding unless in writing and signed by a duly authorized representative of both parties.

However, your relationship with the third parties, as noted above, is governed separately with the respective terms and conditions of each of them.

G. Modifications

Arouse Ventures reserves the right to change any of the provisions posted herein and you agree to review these Terms and Conditions each time you visit the Site. Your continued use of the Site following the posting of any changes to these Terms and Conditions constitutes your acceptance to such changes. Arouse Ventures does not and will not assume any obligation to provide you with notice of any change to these Terms and Conditions. Unless accepted by Arouse Ventures in writing, these Terms and Conditions may not be amended by you.

H. Local Laws

Arouse Ventures makes no representation that the Site or part thereof are appropriate or available for use in all locations; and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access the Site from such locations do so at their own initiative and are solely responsible for compliance with all applicable local laws.

I. Consumer Rights Information – California Residents

This Section applies only to California residents. In compliance with Section 1789 of the California Civil Code, please note the following:

Name of Service Provider: Arouse Ventures, Ltd.

Contact mailing address: 35 New Road, Belize City, Belize.

Users who wish to gain access to the members-only section of the Arouse Ventures Site must be a member in good standing. Arouse Ventures posts any fees for the Site prior to the registration page for each Site. Arouse Ventures reserves the right to change the membership fees at any time. Users may contact Arouse Ventures at billing@arou.se in order to resolve any billing disputes or to receive further information about any of the Sites.

J. COMPLAINTS – CALIFORNIA RESIDENTS

The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.