Amanda Charles Films: Terms and Conditions

This Web site is for use solely by responsible adults over the age of 18 (or the age of consent in the jurisdiction from which it is being accessed). The materials which are available within this site may include graphic visual depictions and descriptions of nudity and sexual activity and may NOT be accessed by anyone who is younger than 18 years old. Visiting this Web site if you are under 18 years of age may be prohibited by federal, state or local laws. By clicking "I agree," you are making the following statements:

1. I am an adult, at least 18 years of age, and I have the legal right to possess adult material in my community.
2. I will not permit any person(s) under 18 years of age to have access to any of the materials contained in this site.
3. I am voluntarily choosing to access this site, because I want to view, read and/or hear the various materials which are available.
4. I do not find images of nude adults, adults engaged in sexual acts, or other sexual material to be offensive or objectionable.
5. I will exit from this site immediately if I am in any way offended by the sexual nature of any material.
6. I understand and agree to abide by the standards and laws of my community.
7. By logging on and viewing any part of this Web site, I agree that I shall not hold the owners of the Web site or its employees responsible for any materials located on the site.
8. If I use these services in violation of this agreement, I understand I may be in violation of local and/or federal laws and am solely responsible for my actions.
9. By entering and browsing this site you agree to abide by these terms.

These are the Terms and Conditions of Service ("Terms") which govern the use of the Amanda Charles Films site at www.amandacharles.com ("the Site"). These terms contain important information about your position under applicable law and regulations when using the Site. Please read these Terms carefully. By accessing the Site, you agree to be bound by these Terms, as amended from time-to-time, regardless of whether you register as a user. It is your responsibility to bring these Terms to the attention of anyone who may, through you, view material on the Site. If you have any questions, please contact Amanda Charles Films at info@amandacharles.com.
1. Introduction
1.1 This Site is owned and operated by Amanda Charles Films and provides adult entertainment in the form of videos,cd-roms and other media were commercially feasible. The Site may contain sponsoring organizations and advertisers ("the Sponsors") whose names appear on the Site and whose own sites can be accessed by Internet links from the Site.
1.2 Access to the Site is free.
2. Conditions of Use and Intellectual Property
2.1 All rights in the material on the Site and news by e-mail (together "the Content") belongs to Amanda Charles Films or its third party licensors and is protected by copyright, trademarks, service marks and/or other proprietary rights and laws of the Netherlands and other countries. All individual articles, columns, emails and other elements on the Site are also copyright works and you agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the Site or in these Terms. Amanda Charles Films may licence third parties to use the Content in its sole discretion.
2.2 You agree to use the Site and the Content solely for your own use and benefit and not for resale or other transfer or disposition to any other person or entity. You further agree not to use, transfer, distribute or dispose of any Content in any manner that might compete with the business of Amanda Charles Films.
2.3 Subject to the above, you may retrieve and display Content from the Site on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disc (but not on any server or other storage device connected to a network) but you may not reproduce, modify or exploit any of the Content for commercial purposes.
2.4 "Amanda Charles Films" is a trade mark and may not be used without the express written permission of Amanda Charles Films.
2.5 You are responsible for procuring the necessary equipment and the payment of telephone and other charges necessary to access the Site.

3. Data Protection
Amanda Charles Films and you agree to comply with applicable data protection laws. Subject to the Privacy Policy, which forms part of these Terms, normally, data relating to you will not be disclosed to any third party unless you have specifically agreed to this by a written signed statement by your self to Amanda Charles Films.

4. Interactive Services
4.1 The Site may contain bulletin boards, discussion groups and other public areas that allow interactivity between users and feedback to be provided to Amanda Charles Films (together "Interactive Areas"). Amanda Charles Films does not control and is not responsible for the information and/or materials posted to Interactive Areas ("Posted Material") but reserves the right without reference to any third party to delete, move or edit any Posted Material or part thereof. It is a condition of your access to the Site and to the Interactive Areas in particular that you waive all rights (legal, moral or otherwise) in any Posted Material.
4.2 You are responsible for the content of your Posted Material and must comply with any additional rules which may, from time to time, be issued at particular locations within the Interactive Areas. In particular, you may not within the Interactive Areas:
(a) post, publish or link to any specific matter which is or could be taken to be the provision of professional advice;
(b) post, publish or link to any information obtained in breach of confidence or which is otherwise contrary to applicable law or regulation;
(c) post, publish or link to any information or messages which are defamatory, threatening, degrading or which infringe copyright or any other rights of any third party or which are otherwise unlawful;
(d) post, publish or link to any advertising or promotional material or any chain e-mails, "spam" or mail bombs;
(e) impersonate any person, company, group or entity or misrepresent a relationship to or with any of the same;
(f) post or publish any information or messages containing a virus or other harmful component;
(g) disguise the origin of any message;
(h) collect or store other users' personal data; or
(i) prevent or restrict the use of the Site and the Interactive Areas by other users.
4.3 By accessing the Interactive Areas, you agree to indemnify and hold harmless on demand Amanda Charles Films from all claims, costs and expenses (including legal and other professional fees) which Amanda Charles Films might suffer arising out of any of your Posted Material.
4.4 You acknowledge that Amanda Charles Films does not have control over the users posting messages to the Interactive Areas. As a result, Amanda Charles Films cannot guarantee the veracity or accuracy of Posted Material. All use of the Interactive Areas is at your risk. You should not rely on Posted Material in any way.
4.5 Representatives of Amanda Charles Films may also submit Posted Material to the Interactive Areas. In doing so, such representatives shall act in a personal capacity and any views they might express shall not be considered as the views of Amanda Charles Films nor as the views of a professional advisor.
5.6 You hereby agree to grant Amanda Charles Films a non-exclusive, perpetual, royalty-free licence to use, reproduce, modify, licence all or part of your Posted Material, including to licence third parties to use the same.

6. Linking
6.1 You may create a link from your web site to the home page of the Site provided that you do not link to the Site from any site containing defamatory, threatening or degrading material or material which infringes the intellectual property or other rights of any third party or which is otherwise unlawful.
6.2 Upon linking to the Site pursuant to these Terms, Amanda Charles Films shall grant you a non-exclusive, non-transferable, royalty-free licence to use the Amanda Charles Films trade mark solely for the purposes of providing an underlined, textual link from your web site to the Site. No other use of Amanda Charles Films's trade marks or name is permitted without the express prior written permission of Amanda Charles Films.
6.3 The potential linking to an internal or subsidiary page of the Site located one or several levels down from the home page ("Deep Linking") or the bringing up of or presenting Content within another web site ("Framing") is not permitted without our prior written permission. You must seek and obtain the prior written permission of Amanda Charles Films before Deep Linking or Framing the Site or any Content by contacting Amanda Charles Films providing: (a) your name, e-mail address and telephone number; (b) the name of your company; (c) the web address(es) where the proposed Deep Linking or Framing will occur; (d) specific details about the contemplated Deep Linking or Framing.

7. Links to External Sites
7.1 The Site contains links to other web sites provided by Sponsors or other independent third parties ("External Sites"), either directly or by framing. Amanda Charles Films shall endeavor to highlight such links although some External Sites may be co-branded with Amanda Charles Films. Amanda Charles Films shall not be responsible for the availability or content of External Sites and will not be a party to, or responsible in any way for, any arrangements regarding goods or services available from such External Sites.
7.2 The Site may be used to purchase products or services from Sponsors. Any such contracts will be exclusively between you and the relevant third party or Sponsor and Amanda Charles Films shall not be responsible in any way for any costs, claims, damages and liability arising in relation thereto, even if the contract in question was entered into through the Site.

8. E-mail
Amanda Charles Films may give the option to subscribe to its e-mail news service through the Site. Your use of that service and any Content shall be subject to these Terms.

9. Third Party Content
The Site may, from time to time, contain contributions from independent third parties as well as advertising and sponsorship. Each such third party, advertiser and/or Sponsor shall be responsible for all aspects of the material they submit and Amanda Charles Films shall accept no responsibility for any errors or inaccuracies in any such material.

10. Competitions and Prizes
From time to time, Amanda Charles Films may run competitions, prize draws and promotions on the Site. These shall be subject to additional terms and conditions applicable in each individual instance and which shall be made available at the time of such competitions.

11. Changes
Amanda Charles Films shall have the right at any time, in its sole discretion, to make modifications, additions or deletions to the Site, the Content, the Interactive Areas and these Terms. Any changes to these Terms will be notified to you by e-mail or by publishing the revised Terms on the Site. By continuing to access the Site following a change to the Terms, you agree to be bound by any changes thereto.

12. Representations, Warranties and Indemnities
12.1 You represent, warrant and undertake that: (a) you have the capacity to enter into this agreement; (b) you are at least eighteen (18) years of age; (c) you will not infringe the copyright or any other intellectual property rights of Amanda Charles Films; (d) you will comply fully with the Terms; (e) you will not copy, reproduce, recompile, de compile, disassemble, reverse engineer, upload, download, transmit, create derivative works from or otherwise exploit the Site or any software which is proprietary to Amanda Charles Films or any of the Sponsors.
12.2 You hereby agree to indemnify and hold harmless Amanda Charles Films and keep Amanda Charles Films fully and effectively indemnified on demand against all costs, claims, damages, liability and expenses (including any professional fees) which Amanda Charles Films might suffer by reason of a breach by you of the Terms and in particular any of the above representations. For the avoidance of doubt, this indemnity shall extend to any losses which Amanda Charles Films may suffer as a result of the use by third parties of your password and User ID except in circumstances where you can demonstrate to Amanda Charles Films's satisfaction that such third party obtained the relevant details through no fault of your own.

13. Disclaimer and Limitation of Liability
13.1 This site and the information, names, images, pictures, logos and icons regarding or relating to Amanda Charles Films, its products and services (or to third party products and services), is provided "AS IS" and on an "IS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. In no event will Amanda Charles Films be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with the use of the site. Amanda Charles Films does not warrant that the functions contained in the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the materials. The names, images and logos identifying Amanda Charles Films and it's products and services are proprietary marks of Amanda Charles Films and/or third parties. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any licence or right under any trademark or patent of Amanda Charles Films, or any other third party.

14. Privacy Policy
Please read the Privacy Policy, which is part of these Terms, and to which you consent.

15. Term and Termination
15.1 Use of and access to the Site is not subject to any particular time limits. Without prejudice to the accrued rights of any party, these Terms may be terminated at any time by either party without cause. You may terminate these Terms by simply discontinuing your use of the Site. Amanda Charles Films may terminate these Terms and your use of the Site at any time by electronic notice. These Terms shall terminate automatically without notice from Amanda Charles Films in Amanda Charles Films's sole discretion, in the event you commit a breach of any provision of these Terms.
15.2 Notwithstanding the provisions of this paragraph, paragraphs 12, 13 and 24 of these Terms shall survive a termination of the Terms and shall remain in full force and effect thereafter.

16. Changes
Amanda Charles Films reserves the right to modify, delete or change any aspect of the Content, the Interactive Areas, the Site and / or any of the technical specifications of any aspect of the same. You agree and acknowledge that such changes may result in you being unable to access the whole or any part of the Site.

17. Force Majeure
Amanda Charles Films shall have no liability for an event of Force Majeure, that is an event or set of circumstances that is or are outside the reasonable control of Amanda Charles Films.

18. Headings
The paragraph headings in these Terms are used solely for the sake of convenience and shall not have any legal or contractual significance.

19. Entire Agreement
These Terms, as amended from time to time, and any other terms of business on the Site shall constitute the entire agreement between you and Amanda Charles Films in relation to your use of and access to the Site.

20. Access outside of the NL
Amanda Charles Films does not represent that the Content shall be appropriate or available for use outside of the Netherlands. If you access the Site from outside of the Netherlands, it is your responsibility to ensure compliance with any foreign and local laws and requirements.

21. Severability
If any provision of these Terms is held to be invalid or unenforceable, then the remaining provisions of the Terms and of the paragraph in question shall remain in full force and effect.

22. Notices
Any notice which Amanda Charles Films or you are required to give pursuant to these Terms shall be made by e-mail or first class post, in the case of you, to the address provided on your registration form and, in the case of us, to the address posted on the Site.

23. Waiver
No delay or omission on the part of Amanda Charles Films in exercising any right, power or remedy under these Terms shall impair or detract from such right, power or remedy or operate as a waiver thereof.

24. Governing Law
These Terms shall be governed by and construed in accordance with Dutch law. By accessing the Site, you agree to submit to the exclusive jurisdiction of the Dutch Courts.