Terms and Conditions
This web site (clubcourtesan.com) is referred to as "Club Courtesan" or "we." Club Courtesan is a social networking service that allows members to maintain a personal profile for the use of communication with other members of Club Courtesan. The services offered by Club Courtesan include any URL or sub-domain branded by Club Courtesan (the Club Courtesan Website), the "Featured Users" service, and any other features, content, or applications offered by Club Courtesan from time to time (collectively known as "Club Courtesan Servies"). These services are hosted in the United States.
This Terms and Conditions is collectively referred to as "Agreement", "User Agreement", and "Terms and Conditions." This agreement sets forth the legally binding terms of your use of the Club Courtesan Services. By using Club Courtesan Services, you agree to be bound by this Agreement whether or not you are a "Visitor" or "Member" of Club Courtesan. The term "User" refers to a Visitor or Member. You are only authorized to use Club Courtesan Services if you agree to abide by all applicable laws and the terms of this Agreement, regardless if your use is intentional or not, and irrespective of any device used for your access. If you do not agree to abide by applicable laws and be bound by this Agreement, you should leave the Club Courtesan Website and discontinue your use of Club Courtesan Services immediately. If you wish to become a Member, communicate with other Members, and use Club Courtesan Services, you must read this Agreement and indicate your acceptance during registration.
This Agreement, in part, or in whole, outlines acceptable use of the Club Courtesan Services, and the Content made available through the Club Courtesan Website. Not withstanding, or withholding, this Agreement also incorporates your rights, obligations, and restrictions regarding your use of Club Courtesan Services. Participation in various Club Courtesan Services may have additional Terms and Conditions (Sub Conditions) not set forth in this agreement. You hereby accept this duality, and declare that you understand that this Agreement still applies to those Club Courtesan Services with Sub Conditions, unless otherwise stated in those Sub Conditions.
Club Courtesan may modify this agreement at it's sole discretion, and is effective immediately after posting to the Club Courtesan Website. Your continued use of the Club Courtesan Services signifies your acceptance of the revised Agreement. You accept full responsibility for updating yourself with the latest Agreement.
Club Courtesan assumes no responsibility or liability for any Content or use made available through Club Courtesan Services, regardless if such Content or use is defined as unacceptable by this agreement. If you encounter Content or use that is in breech of this Agreement, please use the "Report User" link in the "Moderation" menu item in the profile menu, or use the Contact Us link. Be sure to describe the activity that constitutes a breech of this Agreement.
Club Courtesan reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Club Courtesan Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Club Courtesan expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Club Courtesan Services if Club Courtesan determines, in its sole discretion, that you have violated this Agreement or pose a threat to Club Courtesan and/or its Users.
-
Eligibility. You must be at least 18 years or older, and you must be the age of majority in the jurisdiction of the governing body that applies to you, to use Club Courtesan Services and register as a Member to the Club Courtesan Website. Use of the Club Courtesan Services and registration to be a Member for the Club Courtesan Services (“Membership”) is void where prohibited. By using Club Courtesan Services, you represent and warrant that: (a) you are at least 18 years old and are the age of majority, (b) all information you submit through Club Courtesan Services is truthful and accurate, (c) you will maintain the accuracy of such information, (d) your use of the Club Courtesan Service does not violate any applicable law or regulation, (e) you do not find adult subject matter offensive.
-
Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Club Courtesan Services or are a Member. You may terminate your Membership at any time, for any reason, by sending an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Club Courtesan may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect.
-
Fees. You acknowledge that Club Courtesan reserves the right to charge for any portion of the Club Courtesan Services and to change its fees (if any) from time to time in its discretion. If Club Courtesan terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
-
Access. You agree that you will keep your account information private and not disclose it to third parties. You are solely responsible for maintaining this confidentiality. You agree to not use the account of Member on Club Courtesan for any purpose, including accessing Club Courtesan Services. You also assume all responsibility for your account.
-
Use by Members. The Club Courtesan Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by Club Courtesan. Club Courtesan reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the Club Courtesan Services, including collecting user names, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Club Courtesan Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. Club Courtesan reserves the right to take appropriate legal action for any illegal or unauthorized use of the Club Courtesan Services.
- Proprietary Rights in Content on Club Courtesan.
-
Club Courtesan does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Club Courtesan Services. After posting your Content to the Club Courtesan Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the Club Courtesan Services, you hereby grant to Club Courtesan a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the Club Courtesan Services, including without limitation distributing part or all of the Club Courtesan Website in any media formats and through any media channels, except Content marked “private” will not be distributed outside the Club Courtesan Website. This limited license does not grant Club Courtesan the right to sell or otherwise distribute your Content outside of the Club Courtesan Services. After you remove your Content from the Club Courtesan Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the Club Courtesan Website you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside the Club Courtesan Website as soon as practicable after you make the change.
-
The license you grant to Club Courtesan is non-exclusive (meaning you are free to license your Content to anyone else in addition to Club Courtesan), fully-paid and royalty-free (meaning that Club Courtesan is not required to pay you for the use on the Club Courtesan Services of the Content that you post), sublicensable (so that Club Courtesan is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Club Courtesan Services), and worldwide (because the Internet and the Club Courtesan Services are global in reach).
-
You represent and warrant that: (i) you own the Content posted by you on or through the Club Courtesan Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the Club Courtesan Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the Club Courtesan Services.
-
The Club Courtesan Services contain Content of Club Courtesan ("Club Courtesan Content"). Club Courtesan Content is protected by copyright, trademark, patent, trade secret and other laws, and Club Courtesan owns and retains all rights in the Club Courtesan Content and the Club Courtesan Services. Club Courtesan hereby grants you a limited, revocable, non sublicensable license to reproduce and display the Club Courtesan Content (excluding any software code) solely for your personal use in connection with viewing the Club Courtesan Website and using the Club Courtesan Services.
-
The Club Courtesan Services contain Content of Users and other Club Courtesan licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Club Courtesan Services.
-
Club Courtesan performs technical functions necessary to offer the Club Courtesan Services, including but not limited to trans-coding and/or reformatting Content to allow its use throughout the Club Courtesan Services.
-
- Content Posted.
-
Club Courtesan may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Club Courtesan violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Club Courtesan assumes no responsibility for monitoring the Club Courtesan Services for inappropriate Content or conduct. If at any time Club Courtesan chooses, in its sole discretion, to monitor the Club Courtesan Services, Club Courtesan nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
-
You are solely responsible for the Content that you post on or through any of the Club Courtesan Services, and any material or information that you transmit to other Members and for your interactions with other Users.
-
-
Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the Club Courtesan Services. Club Courtesan reserves the right to investigate and take appropriate legal action against anyone who, in Club Courtesan's sole discretion, violates this provision, including without limitation, removing the offending Content from the Club Courtesan Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Club Courtesan:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains excessive violence, or offensive subject matter
- solicits personal information from anyone under 18;
- publicly posts information that poses or creates a privacy or security risk to any person;
- constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someones privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without prior written consent from Club Courtesan such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph or video of another person that you have posted without that person's consent;
- violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or prohibited on the Club Courtesan Website and through your use of the Club Courtesan Services. Club Courtesan reserves the right to investigate and take appropriate legal action against anyone who, in Club Courtesan's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to: - criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the Club Courtesan Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, Club Courtesan reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Club Courtesan deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the Club Courtesan Services, you acknowledge that you will have caused substantial harm to Club Courtesan, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Club Courtesan $50 for each such unsolicited email or other unauthorized commercial communication you send through the Club Courtesan Services;
- circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Club Courtesan Services;
- activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- covering or obscuring the banner advertisements on your personal profile page, or any Club Courtesan page via HTML/CSS or any other means;
- any automated use of the system, such as, but not limited to, using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the Club Courtesan Services or the networks or services connected to the Club Courtesan Services;
- impersonating or attempting to impersonate another Member, person or entity;
- using the account, user name, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile;
- using any information obtained from the Club Courtesan Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
- displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Club Courtesan Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 12" friends, or sending private messages with a commercial purpose; or
- using the Club Courtesan Services in a manner inconsistent with any and all applicable laws and regulations.
-
Protecting Copyrights and Other Intellectual Property. Club Courtesan respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Club Courtesan has the right to terminate the Membership of infringers.
If you believe your work has been copied and posted on or through the Club Courtesan Services in a way that constitutes copyright infringement, please send Club Courtesan's Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Club Courtesan Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. Club Courtesan's Copyright Agent for notification of claimed infringement can be reached as follows: This e-mail address is being protected from spambots. You need JavaScript enabled to view it -
Member Disputes. You are solely responsible for your interactions with other Club Courtesan Members. Club Courtesan reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
-
Privacy. Use of the Club Courtesan Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
-
Disclaimers. Club Courtesan is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the Club Courtesan Services, whether caused by Users of the Club Courtesan Services or by any of the equipment or programming associated with or utilized in the Club Courtesan Services and such User Content does not necessarily reflect the opinions or policies of Club Courtesan. Profiles and third party applications created and posted by Members on the Club Courtesan Website may contain links to other websites. Club Courtesan is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Club Courtesan. Inclusion of any linked website on the Club Courtesan Services does not imply approval or endorsement of the linked website by Club Courtesan. When you access these third party sites, you do so at your own risk. Club Courtesan takes no responsibility for third party advertisements or third party applications that are posted on or through the Club Courtesan Services, nor does it take any responsibility for the goods or services provided by its advertisers. Club Courtesan is not responsible for the conduct, whether online or offline, of any User of the Club Courtesan Services. Club Courtesan assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Club Courtesan is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Club Courtesan Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Club Courtesan Services. Under no circumstances shall Club Courtesan be responsible for any loss or damage, including personal injury or death, resulting from use of the Club Courtesan Services, attendance at a Club Courtesan event, from any User Content posted on or through the Club Courtesan Services, or from the conduct of any Users of the Club Courtesan Services, whether online or offline. The Club Courtesan Services are provided "AS-IS" and as available and Club Courtesan expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Club Courtesan cannot guarantee and does not promise any specific results from use of the Club Courtesan Services.
-
Limitation on Liability. IN NO EVENT SHALL CLUB COURTESAN BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE CLUB COURTESAN SERVICES, EVEN IF Club Courtesan HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Club Courtesan's LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CLUB COURTESAN FOR THE CLUB COURTESAN SERVICES DURING THE TERM OF MEMBERSHIP.
-
U.S. Export Controls. Software available in connection with the Club Courtesan Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Club Courtesan Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
-
Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of Colorado, without regard to its conflict of law provisions. You and Club Courtesan agree to submit to the exclusive jurisdiction of the courts located within the State of Colorado to resolve any dispute arising out of the Agreement or the Club Courtesan Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
-
Indemnity. You agree to indemnify and hold Club Courtesan, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Club Courtesan Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the Club Courtesan Services causes Club Courtesan to be liable to another.
-
2257 Notice. Club Courtesan does not produce, nor is it a secondary producer of, visual depictions of "sexually explicit conduct" as defined in 18 USC § 2256. As provided by 18 USC § 2257 (h) (2) (B) (iii), Club Courtesan's member information is not maintained.
-
Other. This Agreement is accepted upon your use of the Club Courtesan Website or any of the Club Courtesan Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Club Courtesan regarding the use of the Club Courtesan Services. The failure of Club Courtesan to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.