Date of Last Revision: July 26, 2011.
Welcome to our website (“Website”).
1.1 Zenrom, Inc. (“Zenrom” or “we” or “our” or “us”) is a Florida Corporation whose principal place of business is located at P.O. Box 7391, Seminole, Florida 33775. Zenrom is the owner and operator of this Website. Zenrom, via our Website, provides an online marketplace that matches advertisers (“Advertisers”) in the adult entertainment industry with publishers (“Publishers”) that provide an audience that Advertisers find economically viable to target with good and services.
1.2 Your use of Zenrom’s products, software, services, servers and Website (“Service”) is subject to the terms and conditions of a binding and enforceable agreement (“Agreement”) between you and Zenrom, as defined herein. By using our Service you acknowledge and agree that you have fully read and agree to be bound by the provisions of this Agreement. If you do not agree to be bound by this Agreement in its entirety, then you must immediately stop using our Service.
1.4 Zenrom, at its sole discretion, may translate its Service into various languages. That notwithstanding, the language of this Agreement, or any agreement wherein this Agreement is included by reference, will not be translated into any other language and must be agreed to and accepted as defined herein.
2. General Terms
2.1 The terms and conditions provided herein (the “General Terms”) apply to all users of our Service, including Advertisers, Publishers, and the public at large (collectively “Users”). If you register on our Service then additional terms and conditions will apply depending on whether you register as an Advertiser or Publisher (“Registered User”).
2.2 The General Terms contained herein are included by reference in the subsequent agreements entered into between Zenrom and a Registered User and constitute the minimum terms and conditions controlling use of our Service. The term Agreement, as used herein, refers to our General Terms and to any agreement entered into between a Registered User and Zenrom that includes the General Terms by reference.
2.3 Our Service includes all pages on our Website's domain (www.adultsense.com) and all pages on any related sub-domains, all of which are controlled by this Agreement.
3.1 Advertiser: means the person or entity that registered on our Service as an Advertiser with the intention of providing advertisements that the Service makes available on Publisher websites.
3.2 Payment Processor: means the third party entity that Advertisers use to pay Zenrom and that Zenrom uses to pay Publishers.
3.3 Publisher: means the person or entity that registered on our Service as a Publisher with the intention of providing content that the Service makes available to Advertisers for displaying advertisements.
3.4 Registered User: means an Advertiser or Publisher that registers on our Service with the intention of fulfilling the specified role and who agrees to the additional terms and conditions consistent with said role.
3.5 Service: means Zenrom’s products, software, processes, services, website and servers, all of which collectively constitute a marketplace for Advertisers and Publishers on the Internet, matching the needs of Advertisers with content provided by Publishers.
3.6 User: means a Registered User or the public at large that accesses our Website but chooses not to register on our Service.
3.7 User Generated Content: specifies a term which includes, but is not limited to, information, software, photographs, illustrations, audio files, video files, animations, flash files, data files, code snippets and any other information that a Registered User may upload to our Service by any means that Zenrom makes available on the Service or by such other processes as the parties may mutually agree.
4. Acceptance and Modifications
4.1 Zenrom reserves the right to change or revise this Agreement at any time by posting a notification on our Website. Zenrom, in its sole discretion, may provide a Registered User notification via other mechanisms, but is not required to do so.
4.2 You are required to affirmatively accept this Agreement when becoming a Registered User by reading this Agreement and clicking “I Agree.” As a Registered User you are also required to affirmatively accept any future revisions to this Agreement in a similar manner. Zenrom maintains a record of acceptance for each Registered User, including the version of this Agreement accepted by you whenever you click “I Agree.”
4.3 Zenrom will notify you of revision dates to this Agreement by posting the “last revised date” preceding the first paragraph of this document. The revised Agreement will take effect immediately after it has been posted on our Website.
5.1 Zenrom requires, and enforces, strict compliance with our eligibility (“Eligibility”) requirements, as defined herein. Our Service is not intended for individuals under the age of 18. It is intended solely for the use of our Advertisers and Publishers. Registration on our Service by any other person is strictly prohibited, unauthorized, unlicensed, void, and in violation of this Agreement.
5.2 By registering on our Service you assert and warrant that you are doing so for the purpose of using our Service either as an Advertiser or Publisher. Registration for any other purpose violates this Agreement and is strictly prohibited. By registering on our Service you further assert and warrant that you are of legal age and possess the legal capacity to enter into this Agreement, either on your own behalf or on behalf of an entity you represent.
6. Account Registration
6.1 As a Registered User you are required to provide us accurate, current, reliable and otherwise valid data when completing the registration forms that establish your account (“Account”) on our Service and you agree that such data must be kept current and revised in a timely manner when events occur that may alter its validity.
6.2 As a Registered User you agree that you are solely responsible for the data and activities related to updating and maintaining your Account, notwithstanding the fact the Zenrom may, for technical or other reasons, assist you in making changes to your Account at your direct request, and after proper authentication.
6.3 Registration on our Service requires you to establish security credentials that allow you access to your Account. The credentials include a user identifier and a corresponding password. You may also be required to establish additional credentials should Zenrom deem them necessary to protect the integrity of our Service. You agree that you are responsible for maintaining the confidentiality of said credentials.
7. User Generated Content
7.1 You retain all ownership rights to content which you are a lawful owner or licensee of (“User Generated Content” or “UGC”) and which you make available on our Service via whatever mechanism Zenrom provides, excluding such items defined as Transmissions herein, and subject to any other rights granted to Zenrom under this Agreement.
7.2 By submitting UGC to our Service, you grant Zenrom a nonexclusive, worldwide, transferable and fully paid license to copy, crop, reproduce, reformat, translate, publicly display, excerpt (in whole or in part) and distribute your UGC for any purpose, commercial or otherwise. In addition, the license you grant includes rights that allow Zenrom to create derivative works, or incorporate your UGC into other works, as Zenrom sees fit.
7.3 The license expires when you remove your UGC from our Service. However, Zenrom requires, and you acknowledge and agree, that Zenrom may retain archived copies of said UGC in order to meet the requirements of applicable law and for other business reasons that Zenrom may have to maintain such archives.
7.4 You represent, warrant, and guarantee that you have the full right, ability, and authority to make available to our Service, by whatever mechanism Zenrom provides, your UGC. You further represent, warrant, and guarantee that by making available any UGC on our Service, you are not violating any obligation owed by you to any third party, including without limitation, obligations of confidentiality, privacy, attribution or any intellectual property rights including, but not limited to, rights related to patent, trademark, copyright, or trade secrets.
8. Limited License
8.1 All content on our Service, except for User Generated Content, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Information"), are the property of Zenrom or its licensors with all rights reserved.
8.2 If you meet the requirements of Eligibility, and have properly gained access to our Service as provided for in this Agreement, then you are granted a limited license to use our Service and the Information, and to download and print a copy of any portion of the Information for non-commercial use, provided that you keep all copyright or other proprietary notices intact.
8.3 As pertaining to all the Information, except for User Generated Content, you may not make available, in any form and by any mechanism, said Information on any public or private website or incorporate the Information in any other database or compilation.
8.4 Any use of the Information, other than as set forth herein, is strictly prohibited. This limited license allows you to use the Information only for lawful uses in accordance with the foregoing and does not allow you to sell the Information, use the Information for commercial use, or use any type of data mining, robots, or similar data gathering or extraction methods on our Service.
8.5 Absent prior written consent from Zenrom, you may not copy or imitate any elements of our Service, including but not limited to, graphics, digital images, logos, sounds, images, and buttons protected by trade dress and other laws. Absent prior written consent from Zenrom, you may not use framing, metatags, or hidden text techniques in association with our logo, trademark or other copyrighted or proprietary information.
8.6 Unless expressly stated in this Agreement, or in a subsequent agreement entered into by Zenrom and a Registered User, nothing herein shall be construed as conferring any license to intellectual property rights, in any form or by any mechanism.
8.7 The Zenrom limited license is revocable at any time without notice and with or without cause.
9.1 As defined herein, transmissions (“Transmissions”) may take the form of questions, comments, suggestions, ideas, feedback, notes, messages, e-mails, postings, letters, or other written materials about, or concerning, our Service, provided by you to Zenrom, other than User Generated Content. You acknowledge that Transmissions by you to and from our Service are non-confidential, and that others may read and/or intercept such Transmissions.
9.3 By using our Service, you thereby assign all right, title, and interest, including the copyright therein, in all Transmissions, to Zenrom. Accordingly, Zenrom shall own all intellectual property rights in the Transmissions and shall be entitled to unrestricted use of the Transmissions for any purpose, commercial or otherwise, without acknowledgment, compensation, or liability to you. By submitting such Transmissions to our Service, you irrevocably waive all “moral rights” in such Transmissions.
10.1 You agree to defend, indemnify, and hold Zenrom, its parents, subsidiaries, affiliates, officers, agents and employees, its suppliers and their respective affiliates and agents harmless from all claims, liabilities, damages, and expenses (including attorneys’ fees and expenses) arising out of or relating to your use of our Service, including but not limited to: (1) your submission to our Service of any Transmission; (2) your alleged breach of this Agreement; or (3) your infringement of any intellectual property or other right of any person or entity.
10.2 Zenrom acknowledges and agrees that the indemnification sought in 10.1 is limited to acts that are directly or indirectly under your control regarding your use of, or inability to use, our Service, and does not extend beyond that.
11. Limitations of Liability
11.1 IN NO EVENT SHALL ZENROM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE OUR SERVICE; OR FOR THE LOSS OF PROFITS OR DAMAGES THAT MAY RESULT FROM THEFT, DELAYS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, FAILURE OF PERFORMANCE, DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE); OR OTHERWISE, EVEN IF ZENROM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2 APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH CASES, THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. TO THAT EXTENT, ZENROM'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION SHALL NOT BE GREATER THAN THE TOTALITY OF PAYMENTS MADE BY YOU TO ZENROM IN EXCHANGE FOR ALLOWING YOU TO USE OUR SERVICE DURING THE PAST THREE MONTHS PRIOR TO THE COMMENCEMENT OF ANY LEGAL ACTION OR PROCEEDING, OR $100.00 USD, WHICHEVER IS LESS.
12.1 YOU ACKNOWLEDGE THAT OUR SERVICE AND THE INFORMATION THEREIN ARE PROVIDED ON AN "AS IS" BASIS AND THAT ZENROM MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING OUR SERVICE OR THE INFORMATION. ZENROM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
12.2 BY USING, OR ATTEMPTING TO USE, OUR SERVICE, YOU EXPRESSLY ACKNOWLEDGE THE FOLLOWING:
(1) THE INFORMATION COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS;
(2) ZENROM DOES NOT REPRESENT OR WARRANT THE TIMELINESS, RELIABILITY, COMPLETENESS, OR ACCURACY OF THE INFORMATION; AND
(3) ZENROM DOES NOT REPRESENT OR WARRANT THAT OUR SERVICE OR ANY RELATED SERVERS ON WHICH IT RESIDES ARE FREE OF ERRORS OR VIRUSES OR OTHER POTENTIALLY DAMAGING CONTENT.
12.3 ZENROM MAY PERIODICALLY MAKE CHANGES TO ANY SERVICE CONTENT, INFORMATION, FEATURES, OR FUNCTIONS. ZENROM RESERVES THE RIGHT TO IMPLEMENT SUCH CHANGES AT ANY TIME WITHOUT NOTICE TO YOU, OTHER THAN THAT WHICH IS SET FORTH IN THIS AGREEMENT.
12.4 UNLESS SPECIFICALLY INDICATED IN WRITING TO THE CONTRARY, NO REFERENCE ON OUR SERVICE TO ANY PRODUCTS, PROCESSES, SERVICES OR OTHER INFORMATION BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR OTHERWISE, SHALL CONSTITUTE OR IMPLY ZENROM'S ENDORSEMENT OR SPONSORSHIP THEREOF.
13.1 Our Service may include hypertext links to other websites over which Zenrom has no control. Zenrom makes no representations of any kind regarding the content on such websites or the content on any website linked to such websites or to any changes or modifications made thereto.
13.2 You hereby acknowledge that by using any such hypertext links, you irrevocably waive any and all claims against Zenrom regarding such websites and must adhere to the usage and privacy policies governing such sites. Zenrom’s usage of links does not imply our endorsement, or sponsorship, of any such websites.
14. Intellectual Property Rights of Third Parties
14.1 Zenrom respects the intellectual property rights of others and requires a Registered User of our Service to do likewise. Zenrom prohibits a Registered User from making available, in whatever form and by whatever mechanism, content on our Service that infringes upon any party’s intellectual property rights.
14.2 Zenrom has the right to terminate the Account of any infringing Registered User and will take steps to do so immediately upon proper notification and in compliance with applicable law. You acknowledge and agree that a violation of the intellectual property rights of others on our Service triggers the Indemnification provided for herein.
15.1 Zenrom will strictly comply with the requirements of the Digital Millennium Copyright Act, Title 17, United States Code Section 512(c)(2) (“DMCA”). If you believe your copyright has been violated by any content on this Website then you may send a written notification of such infringement to our Designated Agent as set forth below.
15.2 Zenrom has designated an agent to the U.S. Copyright Office to receive notifications of alleged copyright infringement relating to this Website. You must submit all such notifications, in a manner consistent with the DMCA, to Zenrom’s Designated Agent. Likewise, if you believe that your copyrighted content has been erroneously removed from this Website, you must send a counter notification to Zenrom’s Designated Agent in a similar DMCA compliant manner.
15.3 Send all DMCA compliant notifications to:
DMCA Notification: Zenrom, Inc.
Designated Agent: Oliver Cozzi, President
P.O. Box 7391
Seminole, Florida 33775 (or)
16.1 All trademarks used on our Service are the property of their respective owners and may not be used without permission therefrom.
16.2 Whether or not specifically designated as such, adultsense.com and all other colors, graphics, logos, sounds, images, icons and buttons displayed on our Service are or may be trademarks of Zenrom or its affiliates.
16.3 Absent prior written consent from Zenrom, you may not copy, imitate, or use any portion of these marks.
17. User Conduct Restrictions: Impermissible Use and Activities
17.1 You agree not to use our Service to transmit data or code which: (1) is unlawful, threatening or abusive; (2) encourages criminal or other activity that would reasonably give rise to civil liability or otherwise violate any local, state, federal, or international law; (3) contains false or misleading information; (4) inhibits another User from use or enjoyment of our Service; (5) is defamatory, libelous or otherwise unlawful; (6) contains a virus or surreptitious code; or (7) allows for the harvesting of email addresses or other contact information, or the harvesting of information of any kind.
17.2 Furthermore, you agree not to use our Service to engage in the following kinds of activities: (1) transmit, upload, post, store, and share content of any kind, and by any other mechanism, that you are not the lawful owner or licensee of; (2) register for more than one Account or register an Account in the name of another; (3) impersonate a person or entity or make misrepresentations regarding affiliations of any kind; (4) engage in any kind of behavior that can reasonably be construed as SPAMMING; (5) engage in any behavior likely to cause harm to Zenrom, our Service, its Users, or to the public at large.
18. Data Collection
18.2 Zenrom does not knowingly collect personally identifiable information (or information of any other kind) directly from anyone under the age of 18, with or without parental consent. If you have a good faith belief that Zenrom has inadvertently collected such information, please contact Zenrom at firstname.lastname@example.org. Zenrom will take immediate steps to remove such information from our Service and from any databases under Zenrom’s control.
19. Governing Law
20.1 Any claim or controversy arising among or between the parties hereto pertaining to our Service, or any claim or controversy arising out of, or with respect to, any matter contained in this Agreement, or any differences as to the interpretation or performance of this Agreement, other than those wherein either party has infringed or threatened to infringe the other party’s intellectual property rights, or wherein you have violated our User Conduct Restrictions, shall be settled by arbitration in the State of Florida. Such arbitration shall be before three arbitrators of the American Arbitration Association (the “AAA”) under its then prevailing rules.
20.2 Intellectual property rights, as defined herein, include patent, copyright, trademark or trade secrets. You and Zenrom jointly acknowledge that arbitration is not an adequate remedy at law or in equity for actual or threatened infringement of either party’s intellectual property rights. Therefore, it is agreed that injunctive or other appropriate relief may be sought under these circumstances.
20.3 In any arbitration involving this Agreement, the arbitrators shall not make any award that will alter, change, cancel or rescind any provision in this Agreement, and their award shall be consistent with the provisions of this Agreement. Any such arbitration must be commenced no later than one (1) year from the date such claim or controversy arose, or the claim is waived.
20.4 The award of the arbitrators shall be final and binding and judgment may be entered thereon in any court of competent jurisdiction.
21.1 Either you or Zenrom may terminate this Agreement. You may terminate this Agreement by destroying all materials obtained from our Service that you are not the lawful owner or licensee of, and by providing a termination notice to Zenrom at email@example.com. Zenrom may terminate this Agreement immediately, without notice for any reason, or no reason, and reserves the right to block or prevent your future access to our Service.
21.2 Should you or Zenrom decide to terminate this Agreement then Zenrom will prevent access to your Account on our Service. Zenrom agrees to make a good faith effort to resolve an outstanding dispute between Zenrom and a Registered User, if any exist, prior to termination. Zenrom, at its sole discretion, may restore access to your Account if the dispute has been resolved to its satisfaction.
21.3 You acknowledge and agree that termination of this Agreement by either party pertains solely to your use of our Service, and has no effect on other contractual obligations that may exist between the parties, which remain in full force and effect.
23. Entire Agreement
This Agreement contains all of the terms and condition agreed to by you and Zenrom with respect your use of our Service. It supersedes all prior agreements, arrangements and communications between the parties dealing with same, whether oral or written.
24. Definitions and Constructions
Unless otherwise specified, the terms: “includes,” “including,” “e.g.,” “for example,” and other similar terms are deemed to include the term "without limitation" immediately thereafter.