Term and Conditions

You must read and agree to these terms and conditions before you can further access materials at. novellaerotica  Please read them carefully.

 1.
      The parties to this Agreement are you, a visitor to  novellaerotica ("You"), and DIVERSIFIED PROFITS, LTD. For good and valuable consideration, the sufficiency of which is hereby acknowledged by You and the Company, and by further accessing or otherwise using services available at novellaerotica , You hereby agree  to be bound by all the terms and conditions set forth in this agreement (the "Agreement"). Subject to the terms and conditions set forth in this Agreement, the Company agrees to provide to You nonexclusive and revocable access to the novellaerotica  web site. This Agreement is subject to change by Company at any time, and changes are effective upon notice to You by e-mail, posting at or via hyperlink to  novellaerotica, or by mail.
 2.
      ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED AT novellaerotica ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN  LOCATIONS WHERE THE MATERIALS, MESSAGES AND OTHER COMMUNICATIONS CONTAINED AT novellaerotica DO NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY FEDERAL, STATE OR  LOCAL LAW OR REGULATION OF THE UNITED STATES OR ANY OTHER COUNTRY. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY  OF THE CONTENTS OF novellaerotica OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN novellaerotica . YOU HEREBY ACKNOWLEDGE THAT MATERIALS   PRESENTED AT AND/OR DOWNLOADABLE FROM novellaerotica INCLUDE EXPLICIT VISUAL,  AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND HETEROSEXUAL, BI-SEXUAL, HOMOSEXUAL, AND TRANSSEXUAL SITUATIONS OF A SEXUAL NATURE, THAT YOU ARE FAMILIAR   WITH MATERIALS OF THIS KIND, AND THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS.

      YOU HEREBY FURTHER AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN YEARS AND ARE CAPABLE OF LAWFULLY ENTERING INTO THIS AGREEMENT.
 3.
      You acknowledge and agree that all materials contained at novellaerotica  are proprietary and constitute valuable intellectual property. You acknowledge and agree that as such, You may only access, view, download, receive and otherwise use the materials available at novellaerotica  only as authorized by the Company. You agree that You shall at no time access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive   or otherwise use materials, directly or indirectly in places which the Company does not authorize such access, viewing,  downloading, receipt or other use. You hereby acknowledge and agree that no materials from any parts of  novellaerotica are authorized, and no materials are intended, by the Company to be accessed, viewed, downloaded or  used by, or transmitted, broadcast or otherwise disseminated to any person or entity located in any and all areas  designated as PROHIBITED AREAS below. You agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of materials from novellaerotica , in which You are directly or indirectly involved,   including, but not limited to accessing, viewing, downloading, receiving or other use of materials in PROHIBITED AREAS in any manner shall constitute intentional infringement(s) of novellaerotica 's and potentially others' intellectual  property rights and other rights in such materials and shall further constitute violations of novellaerotica 's trademark  and other rights, including, but not limited to, rights of privacy.

      All of the following areas constitute PROHIBITED AREAS from which no part of novellaerotica  may be accessed, viewed, downloaded or otherwise received at any time:

      A. All parts of the United States of America corresponding to the entire areas corresponding to United States Postal Service zip codes commencing with any of the following: List Zip Codes
      ALABAMA

350 | 351 | 352 | 354 | 355 | 356 | 357 | 358 | 359 | 360 | 361 | 362 | 363 | 364 | 365 | 366 | 367 | 368 | 369 |
 

ARKANSAS

716 | 717 | 718 | 719 | 720 | 721 | 722 | 723 | 724 | 725 | 726 | 727 | 728 | 729 |
 

FLORIDA

320 | 321 | 322 | 323 | 324 | 325 | 326 | 327 | 328 | 329 | 335 | 336 | 337 | 338 | 339 | 342 | 344 | 346 | 347 | 349 |
 

GEORGIA

304 | 305 | 306 | 307 | 308 | 309 | 310 | 311 | 312 | 313 | 314 | 315 | 316 | 318 | 319 |
 

ILLINOIS

609 | 610 | 611 | 612 | 613 | 614 | 615 | 616 | 617 | 618 | 619 | 620 | 622 | 623 | 624 | 625 | 626 | 627 | 628 | 629 |
 

INDIANA

467 | 468 | 469 | 470 | 471 | 472 | 473 | 474 | 476 | 477 | 478 | 479 |
 

KANSAS

664 | 665 | 666 | 667 | 668 | 669 | 670 | 671 | 672 | 673 | 674 | 675 | 676 | 677 | 678 | 679 |
 

KENTUCKY

403 | 404 | 405 | 406 | 407 | 408 | 409 | 410 | 411 | 412 | 413 | 414 | 415 | 416 | 417 | 418 | 420 | 421 | 421 | 422 | 422 | 423 | 424 | 424 |
425 | 426 | 427 |
 

LOUISIANA

703 | 704 | 705 | 706 | 707 | 708 | 710 | 711 | 712 | 713 | 714 |
 

MISSISSIPPI

386 | 387 | 388 | 389 | 390 | 391 | 392 | 393 | 394 | 395 | 396 | 397 |
 

MISSOURI

634 | 635 | 636 | 637 | 638 | 639 | 644 | 645 | 646 | 647 | 648 | 650 | 651 | 652 | 653 | 654 | 655 | 656 | 657 | 658 |
 

NEBRASKA

686 | 687 | 688 | 689 | 690 | 691 | 692 | 693 |
 

NORTH CAROLINA

270 | 271 | 272 | 273 | 274 | 275 | 276 | 277 | 278 | 279 | 280 | 281 | 282 | 283 | 284 | 285 | 286 | 287 | 287 | 288 | 288 | 289 | 289 |
 

OKLAHOMA

734 | 735 | 736 | 737 | 738 | 739 | 740 | 741 | 743 | 744 | 745 | 746 | 747 | 748 | 749 |
 

PENNSYLVANIA

153 | 154 | 155 | 156 | 157 | 158 | 159 | 160 | 161 | 162 | 163 | 164 | 165 | 166 | 167 | 168 | 169 | 170 | 171 | 172 | 173 | 174 | 175 | 176 |
177 | 178 | 179 | 182 | 183 | 184 | 185 | 186 | 187 | 188 | 193 | 195 | 196 |
 

SOUTH CAROLINA

290 | 291 | 292 | 293 | 294 | 295 | 296 | 297 | 298 | 299 |
 

SOUTH DAKOTA

572 | 573 | 574 | 575 | 576 | 577 |
 

TENNESSEE

370 | 371 | 372 | 373 | 374 | 376 | 377 | 378 | 379 | 380 | 381 | 382 | 383 | 384 | 385 |
 

TEXAS

750 | 751 | 754 | 755 | 756 | 757 | 758 | 759 | 760 | 761 | 762 | 763 | 764 | 765 | 766 | 767 | 767 | 768 | 769 | 771 | 772 | 776 | 777 | 778 |
779 | 779 | 780 | 781 | 782 | 783 | 784 | 785 | 786 | 787 | 788 | 789 | 789 | 790 | 791 | 792 | 793 | 794 | 795 | 796 | 797 | 798 | 799 |
 

UTAH

840 | 841 | 843 | 844 | 845 | 846 | 847 |
 

VIRGINIA

226 | 227 | 228 | 229 | 238 | 239 | 240 | 241 | 242 | 243 | 244 | 245 | 246 |
 

WEST VIRGINIA

247 | 248 | 249 | 250 | 251 | 252 | 253 | 254 | 255 | 256 | 257 | 258 | 259 | 260 | 261 | 262 | 263 | 264 | 265 | 266 | 267 | 268 |

      B. All parts of the following countries: Afghanistan, Kuwait, Iran, Iraq, Japan, Jordan, Libya, Pakistan, The Republic of  China, Singapore, Saudi Arabia, Syria, The United Arab Emirates; and

      C. All parts of every other geophysical place corresponding to a political entity or part thereof in which the access, viewing, downloading or other use of materials at  novellaerotica would, or could reasonably constitute a violation of any law, regulation, rule or custom.
 4.
      You agree to be personally liable and fully indemnify  novellaerotica  for any and all damages directly, indirectly and/or consequentially resulting from my attempted or actual unauthorized downloading or other duplication of materials from novellaerotica alone, or with or under the authority of, any other person(s), including, without limitation, any  governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of materials from novellaerotica including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney's fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
5
      Some or all of the following fees and charges may be incurred by the Visitor: a. fees and/or charges for goods and services ordered at, through and/or from novellaerotica or its licensees.
 6.
      Payment for goods provided to You at and/or through novellaerotica  may be made by credit card and You hereby  authorize Company and its agents to transact such payments on Your behalf. You agree not to report as lost or stolen any credit card which You have used in conjunction with payment to novellaerotica , or as unauthorized any charge by novellaerotica , for any goods or services for which You do not have good reason to believe is, in fact, lost , stolen or unauthorized. You hereby agree that any such fraudulent reporting of a lost or stolen credit card used to obtain goods or services from novellaerotica or any fraudulent reporting of an unauthorized charge to novellaerotica  on Your  credit card which has been made by You or anyone under Your authority, at a time when a charge or other obligation for  payment for goods and/or services to novellaerotica  remains outstanding at the time f such fraudulent reporting, You  shall be liable to novellaerotica - for liquidated damages of $25,000.00. The liability for liquidated damages specified in  this Paragraph shall not limit any other liability You may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement.
 7.
      Access to novellaerotica  may be terminated at any time, and without cause by Company. You agree to be personally  liable for all charges incurred by You during or through the use of novellaerotica . Your liability for such charges shall continue after termination of Your access to  novellaerotica  for any reason.
 8.
      Subject to the terms and conditions set forth herein, novellaerotica hereby grants You a limited, non-exclusive and   non-transferable license to use graphic files, audio files, video files, text, hyperlinks, interlinks, search engines, and other  software associated with authorized visitor use of novellaerotica which Company provides ("Materials") during the  period in which Your access to novellaerotica  is authorized by the Company. You may use the Materials only in accordance with the terms and conditions set forth herein, only on one computer at a time and, if downloadable copies of   the Materials are made available by novellaerotica , You may make only a single copy of such Materials for Your  personal use and enjoyment. You may not remove any propriety notices from Materials at any time. You may make no use of Materials not expressly authorized herein or by prior express written authorization from Company. Prohibited uses, include, without limitation: (1) permitting other individuals to directly or indirectly use the Materials; (2) modifying, translating, reverse engineering, decompiling, disassembling the Materials (except to the extent applicable laws specifically  prohibit such restriction); (3) making copies or creating derivative works based on the Materials except as provided herein; (4) renting, leasing, or transferring any rights in the Materials; (5) removing any proprietary notices or labels on the Materials; and (6) making any other use of the Materials. This license does not grant You any rights to any software   enhancements or updates of any kind.
 9.
      Except for public domain material or material otherwise licensed to Company for electronic dissemination, all Materials  displayed at or otherwise available through novellaerotica are proprietary, and, except for initial downloading, may not  be copied, redistributed, or downloaded, in whole or in part, without the prior written authorization of Company. All editions of novellaerotica , and all Materials and other matter used directly or indirectly in, at, by, through and/or with novellaerotica  are protected by the copyright laws of the United States, international copyright treaties and other laws and regulations. All rights are reserved. All intellectual property and other rights in and to the Materials and other matter  at novellaerotica  shall at all times remain in Company, its parent(s), subsidiary(ies), licensee(s) and assign(s). All  intellectual property and other rights in and to any intellectual property content accessed through the Materials is the property of the applicable content owner, which may be the Company, its parent(s), subsidiary or subsidiaries, licensee(s)
and assign(s), or others, and may be protected by applicable copyright and/or other laws. The limited and non-exclusive  license granted to You herein grants to You no rights to use such content except as set forth herein. This license will  immediately terminate automatically if You fail to comply with the limitations described herein, breach any other provision of this Agreement, cease, for any reason, to be a visitor in good standing, or are notified of its termination by the Company  or its authorized agent (s). You agree that upon such termination, You will immediately destroy all copies of the Materials in Your possession.
 10.
      You agree that Materials and all other services provided to You by Company are provided on an "AS IS" basis, without  warranties of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Materials and all services provided by Company  is borne by You. Should the Materials or any other service provided by Company prove defective and/or cause any damage to Your computer or inconvenience to You, You, and not Company, assume the entire cost and all damages which may result from any and all such defects. This disclaimer of warranty constitutes an essential part of the Agreement. Some states do not allow exclusions of an implied warranty, so this disclaimer may not apply to You and You may have other legal rights that vary from state to state or by jurisdiction. Under no circumstances and under no cause of action or legal theory, shall Company, its suppliers, licensees, resellers, or other Visitors, or their suppliers, licensees,  resellers or Visitors be liable to You or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss goodwill, work stoppage, computer failure or malfunction, or  any and all other commercial damages resulting from any use of Materials or other use of  novellaerotica 
 11.
      Company does not screen or endorse advertisements or communications submitted to  novellaerotica  by third-party licensees, advertisers, or visitors for electronic dissemination through novellaerotica . You are therefore advised to use  your own judgment to evaluate all advertisements and other communications available at or through the use of novellaerotica prior to purchasing goods and/or services described at novellaerotica  or otherwise responding to any communication at novellaerotica  .
 12.
      Any liability of Company, including without limitation any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortious behavior, negligence, or under any other cause or action, shall be strictly limited to ten dollars ($10.00). Some states do not allow the limitation or exclusion of liability for  incidental or consequential damages, so the above limitation or exclusion may not apply to You.
 13.
      Company is not liable for damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately  disseminating any Materials, data, advertisement or other communication at or through  novellaerotica.
 14.
      No warranty is made by Company regarding any information, services, Materials or products provided through or in  connection with the novellaerotica , and Company hereby expressly disclaims any and all warranties, including without  limitation: 1) any warranties as to the availability, accuracy, or content of Materials, information, products, or services; 2)  any warranties of merchantability or fitness for a particular purpose. Some states do not allow the exclusion of implied  warranties, so the above exclusion may not apply to You.
 15.
      "novellaerotica  " is a service mark of DIVERSIFIED PROFITS, LTD. All rights are reserved.
 16.
      All materials included at novellaerotica are for the private use by visitors only. No other uses are intended by the  Company and any other use is strictly prohibited.
 17.
      If the Company should at any time provide any service which enables visitors to communicate with or otherwise share  information with other visitors or persons providing any kind or service to visitors, You agree not to submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, or illegal material while connected to or otherwise directly or indirectly using novellaerotica or other services provided to You by  Company. Transmission of such material or any material that violates any federal, state, or local law in the United States or anywhere else in the world, is strictly prohibited and shall constitute a material breach of this Agreement entitling Company to immediately terminate all rights to access to novellaerotica . You are solely responsible for all information which You submit, publish, display, disseminate or otherwise communicate through novellaerotica  even if a claim should arise after termination of service. If the Company provides any such service described herein, You agree that all  messages and other communications by You shall be deemed to be readily accessible to all other Visitors who are  authorized to access novellaerotica and agree that all such messages and other communications shall not be deemed to be private or secure. Regardless of whether the Company provides any type of service described herein, You agree  that You have hereby been informed and noticed that any and all messages and other communications which You submit to Company directly or through novellaerotica can be read by the operators and/or other agents of Company, whether or not they are the intended recipient(s).
 18.
     novellaerotica is not affiliated with any other company. No inference of association or affiliation with, or endorsement by any company or organization is intended or should be inferred.
 19.
      This Agreement contains the entire agreement between You and Company regarding Your use of  www. novellaerotica , and all materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings,  writings, and representations and may only be amended upon notice by Company. This Agreement shall be governed by  and construed under the laws of the State of California and the United States as applied to agreements between California state residents entered into and to be performed within the State of California, except as governed by Federal law. The  application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. You hereby consent and stipulate to the jurisdiction of the Courts of the State of California and the United States District Court. If any provision of this Agreement is held to be unenforceable for any  reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.
 

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