Terms of Service

Agree or Do Not Enter:

Terms of Service (TOS) | Please read this Agreement carefully

The following terms and conditions govern all use of the ProgressiveErotica.com website and all content, services and products available at or through the website.  ProgressiveErotica.com is a website and in order to visit or use it, you must agree to our Terms of Service.  The Terms of Service constitute a legal agreement between Progressive Erotica and you, the user.  When you enter the website, you agree to all of the Terms of Service, and you use the website at your own risk, and the amount of pleasure you derive is completely up to you.  If you do not agree to all of the Terms of Service, you may not access ProgressiveErotica.com or use any services.  ProgressiveErotica.com is free to update, change or revise our Terms of Service at any time.

Who is ProgressiveErotica.com?

Progressive Erotica, Progressive Erotica dot com, progressiveerotica.com, PE dot com; "our" "we" "us"

  1. Age of Majority for PE dot com Use: You must be an adult.
    1. You affirm that you are at least 18 years of age, or the applicable age of majority in the jurisdiction where you reside and from which you access PE dot com, because PE dot com is prohibited for those not meeting this requirement. You also affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 18 years of age, or under the age of majority in the jurisdiction where you reside or from which you access PE dot com, then you do not have permission to use PE dot com. You may be asked to provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of PE dot com.
    2. You represent and warrant that all of the information provided by you to ProgressiveErotica to participate in PE dot com is accurate and current; and you have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of you hereunder.
  2. Don't use PE dot com in Prohibited Areas
    1. As a material condition to the granting of the license to you to use PE dot com, you agree and warrant 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 PE dot com directly or indirectly while you are in any of the geographic locations identified by the Progressive Erotica as "PROHIBITED AREAS" from which Progressive Erotica expressly prohibits such access, viewing, downloading, receipt or other use of PE dot com. All of the following areas constitute such "PROHIBITED AREAS" from which the none of the age-restricted parts or content of PE dot com may be accessed, viewed, downloaded or otherwise received by you:
      1. All parts of the following countries: Afghanistan, Algeria, Chad, Germany, Kuwait, Indonesia, Iran, Iraq, Jordan, Lebanon, Libya, Micronesia, Morocco, North Korea, Pakistan, The Sudan, The Republic of China, Singapore, Saudi Arabia, Somalia, Syria, The United Arab Emirates, Yemen, all areas subject to Sharia law Islamic law based on the Koran Islamic law; and
      2. All locations within the territories of every political entity in which accessing, viewing, downloading, dissemination of, or other use of the sexual materials depicted on or available through the PE dot com, is prohibited by law or would otherwise constitute a violation of any regulation, rule or custom.
  3. Of Fraudulent Age Or Location Representation
    1. You hereby acknowledge that you understand, and that you hereby agree, that any access to the age-restricted parts of PE dot com by a minor or by any person located in PROHIBITED AREAS constitutes the unauthorized accessing of PE dot com's computers and databases in excess of the authorization expressly granted by PE dot com in this Agreement, and that such unauthorized access violates state, federal and foreign laws, including, without limitation, The Electronic Communications Privacy Act, 18 U.S.C. §§ 2701-2710, The Computer Fraud and Abuse Act, 18 U.S.C. § 1030 and The California Comprehensive Computer Data Access and Fraud Act, Cal. Penal Code §502 and constitutes trespass to chattels, and intentional copyright infringement(s) of PE dot com's copyrights in the Website which are protected under the laws of the United States and other countries. You further acknowledge that you understand that any such unauthorized access of PE dot com could subject you to potential criminal prosecution and substantial civil liability.
  4. A Description of our Service
    1. PE dot com is a website portal for viewing erotic content, along with articles.  Erotica included on PE dot com is potentially sexually explicit graphic images, still or moving, as well as aural or text content.  PE dot com is meant for a mature audience.  Members can rate erotic content according to a Spice Level.  Members can comment on articles.  Members may become Article or Erotica Editors or a Facilitator.  Members have privileges unavailable to non-members.  
  5. ProgressiveErotica.com contains Erotic Content
    1. You understand that when using the Website, you will be exposed to Permitted Content (user contributed content) from a variety of sources, and that ProgressiveErotica and PE dot com are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Permitted Content. You further understand and acknowledge that you may be exposed to Permitted Content that is potentially inaccurate, explicit, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against PE dot com with respect thereto, and agree to indemnify and hold ProgressiveErotica, its owners, and operators, affiliates, and/or licensors harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
  6. By agreeing to the TOS, we give you Permissions for Use
    1. The PE dot com website is a single integrated work which may not be accessed or used without permission.  All use of the Website is by permission only and no rights or permissions are granted to any person or legal entity to perform, distribute, rebroadcast or otherwise use this work or any part thereof in any manner separate or apart from the use of the work as a whole in accordance with these Terms of Service. You agree that any access to or use of any content, feature or functionality on PE dot com, or otherwise by access via any URL commencing with the "progressiveerotica.com", shall be deemed to be access to, and use of, the work as a whole.
    2. PE dot com is made available to you for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by PE dot com. Illegal and/or unauthorized use of the PE dot com Services, including collecting usernames 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 PE dot com is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges.
  7. Concern for PE dot com's Intellectual Property
    1. Users of this work are hereby advised that the work comprises valuable intellectual property owned by PE dot com that includes, without limitation, the website content and design, the ProgressiveErotica logo, all links and aesthetic features and website functionality.  There are no implied uses of the website.  Access to any internal parts of the work by means other than through website navigation features provided on the Website itself are prohibited. No deep linking or independent deep link access is authorized.
  8. Be careful of links to Third Party Websites
    1. PE dot com has not reviewed, and cannot review, all of the material, including computer software, posted to the website, and cannot therefore be responsible for that material's content, use or effects.  PE dot com may contain links to third party websites or provide content from third party websites that are not owned or controlled by PE dot com. PE dot com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. You expressly relieve PE dot com and its affiliates from any and all liability arising from your use of any third-party website. Accordingly, you are responsible for taking necessary precautions to protect yourself and your computer, and we encourage you, when you leave PE dot com, to read the terms and conditions and privacy policy of each other website that you visit.
  9. User Conduct Expectations
    1. You agree that you shall not, and you shall not permit others using your account, if any, to do any of the following: (a) upload, post, transmit, or otherwise make available any Permitted Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy (including without limitation any personal information except with written consent of the owner of such personal information), hateful, or racially, ethnically, or otherwise objectionable; (b) impersonate any person or entity, including without limitation any PE dot com personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity; (c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Permitted Content transmitted through PE dot com; (d) upload, post, or transmit unsolicited commercial email or "spam" or engage in any practice that is in any way connected with "spam"; (e) upload, post, or otherwise transmit any Permitted Content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, limit the functionality of, or monitor, or persistently reside in or on any computer software or hardware or telecommunications equipment; (f) damage, interfere with, or disrupt PE dot com; (g) intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations or laws having the force of law where you reside, including without limitation any laws or regulations relating to securities, privacy, and export control; (h) "stalk" or otherwise harass another; (i) engage in, promote, or provide instructional information about, or provide video Permitted Content depicting illegal activities, promote or depict physical harm or injury against any group or individual, or promote or depict any act of cruelty to animals; (j) use PE dot com in any way that exposes ProgressiveErotica to criminal or civil liability (k) promote, offer for sale, or sell any item, good, or service that (i) violates any applicable federal, state, or local law or regulation, (ii) you do not have full power and authority under all relevant laws and regulations to promote, offer, or sell, including all necessary licenses and authorizations, or (iii) ProgressiveErotica determines, in its sole discretion, is inappropriate for sale through PE dot com; (l) use PE dot com as a forwarding service to another website; or (m) exceed the scope of the service that you have signed up for.
    2. If you decide to register as a member with PE dot com, you will receive a password and PE dot com ID. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. ProgressiveErotica reserves the right to hold you fully responsible for all activities that occur under your password and ID. Further, you agree to (a) immediately notify ProgressiveErotica of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ProgressiveErotica cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. Further, you agree not to use the account, username, or password of another Member.
    3. PE dot com members are expected to follow the posted Participation Guidelines for appropriate behavior.
    4. ProgressiveErotica shall determine in its sole discretion what action, if any, shall be taken in the event of any discovered or reported violation of the above-mentioned terms.
  10. Content, Yours and Ours
    1. With the exception of all Permitted Content, the content on PE dot com, including without limitation, any text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like ("Content") and the trademarks, service marks, and logos contained therein ("Marks"), are owned by or licensed to ProgressiveErotica, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on PE dot com is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. ProgressiveErotica reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Permitted Content of third parties obtained through PE dot com for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
    2. YOU SHALL NOT USE THE SITE AND SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO, OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
    3. PE dot com allows Users to contribute Permitted Content in the form of erotica or articles.
      1. ProgressiveErotica determines if each piece of erotic Permitted Content will be published.  You understand that whether or not such Permitted Content is published, ProgressiveErotica does not guarantee any confidentiality with respect to any Permitted Content.  
      2. PE dot com does not endorse any Permitted Content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with Permitted Content.
      3. ProgressiveErotica provides PE dot com as a service to its users. ProgressiveErotica does not monitor, supervise, or control comments posted or stored on its servers at the direction of its Users, nor does it control or supervise the content of pages that are accessed via third party links. You are responsible for complying with all applicable federal and state laws, including, without limitation, the copyright laws.
    4. You acknowledge and agree that PE dot com and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, to remove, or to block access to any Permitted Content that is available via PE dot com at any time, for any reason, or for no reason at all, with or without notice.
    5. You expressly acknowledge and agree that PE dot com may preserve Permitted Content and may also disclose Permitted Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Permitted Content violate the rights of third-parties or any law, regulation, or ordinance; or (d) protect the rights, property, or personal safety of ProgressiveErotica, its users, or the public. You acknowledge and agree that the technical processing and transmission of the Website, including your Permitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by PE dot com with regard to its users may be disclosed in accordance with the PE dot com Privacy Policy.
    6. Permitted Content Agreement for Erotic Graphic Art
      1. You shall be solely responsible for your own Permitted Content and the consequences of publishing it. In connection with Permitted Content, you affirm, represent, and/or warrant that: (i) you will not request permission for publication (or allow anyone else to) of any material that depicts any person under the age of 18 years and you have inspected and are maintaining written documentation sufficient to confirm that all subjects of your Permitted Content are, in fact, over the age of 18 years; (ii) you own or have the necessary licenses, rights, consents, and permissions to use and authorize ProgressiveErotica to use all patent, trademark, trade secret, copyright, moral rights, or other proprietary rights in and to any and all Permitted Content to enable inclusion and use of the Permitted Content in the manner contemplated by ProgressiveErotica; and (iii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Permitted Content to use the likeness of each and every such identifiable individual person to enable inclusion and use of the Permitted Content in the manner contemplated by the Website and the Permitted Content Agreement, along with the Permitted Content title.
      2. Further, with respect to any graphic Permitted Content you have produced and Drafted or Requested Permission to Publish which contains depictions of nudity or actual sexually explicit conduct, you affirm that all persons who appear therein were 18 (eighteen) years of age or older at the time of the creation of such depictions. In addition you represent and warrant that with respect to the depictions described in the preceding sentence, true, correct and complete records required by 18 USC Section 2257 have been obtained and will be maintained by you in compliance with such law and will be provided promptly upon request by ProgressiveErotica.  ProgressiveErotica takes all laws against child pornography seriously.  The mission and culture of PE dot com makes it very clear that all Permitted Content should at the very least be produced, performed and Permitted by consenting adults.
      3. For clarity, you retain all of your ownership rights in your Permitted Content. However, by requesting publication for your Permitted Content, you hereby grant ProgressiveErotica an irrevocable, worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, display, and perform the Permitted Content in connection with the Website and ProgressiveErotica's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website in any media formats and through any media channels. You also hereby grant each Member of the Website an irrevocable non-exclusive license to access your Permitted Content through the Website, and to display, and perform such Permitted Content through the functionality of the Website and under the Permitted Content Agreement. The foregoing license granted by you terminates once you remove or delete a Permitted Content piece from the Website.
      4. ProgressiveErotica reserves the right to refuse to accept, post, display or transmit any Permitted Content in its sole discretion.
    7. Permitted Content Agreement for Erotic Literature and Audio
      1. You shall be solely responsible for your own Permitted Content and the consequences of publishing it. In connection with Permitted Content, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize ProgressiveErotica to use all patent, trademark, trade secret, copyright, moral rights, or other proprietary rights in and to any and all Permitted Content to enable inclusion and use of the Permitted Content in the manner contemplated by ProgressiveErotica.
      2. For clarity, you retain all of your ownership rights in your Permitted Content. However, by requesting publication for your Permitted Content, you hereby grant ProgressiveErotica an irrevocable, worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, display, and perform the Permitted Content in connection with the Website and ProgressiveErotica's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website in any media formats and through any media channels. You also hereby grant each Member of the Website an irrevocable non-exclusive license to access your Permitted Content through the Website, and to display, and perform such Permitted Content through the functionality of the Website and under the Permitted Content Agreement. The foregoing license granted by you terminates once you remove or delete a Permitted Content piece from the Website.
      3. ProgressiveErotica reserves the right to refuse to accept, post, display or transmit any Permitted Content in its sole discretion.
    8. Concern for Copyright
      1. PE dot com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and ProgressiveErotica will remove all Permitted Content if properly notified that such Permitted Content infringes on another's intellectual property rights. PE dot com reserves the right to remove Permitted Content without prior notice. PE dot com will also terminate a User's access to its Website, if he or she is determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a piece of Permitted Content removed from the Website more than once. PE dot com also reserves the right to decide whether Permitted Content is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscenity, or defamatory material. YouPorn may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
      2. In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf), ProgressiveErotica will respond expeditiously to claims of copyright infringement that are reported to ProgressiveErotica's designated copyright agent identified below. If you are a copyright owner, or are authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, and believe that your work has been copied in a way that constitutes copyright infringement, please report your notice of infringement to copyright@progressiveerotica.com by providing ProgressiveErotica's designated copyright agent with the following information:
        1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Website;
        2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ProgressiveErotica to locate the material; Information reasonably sufficient to permit ProgressiveErotica to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted;
        3. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  11. Equipment and Location for Use of PE dot com
    1. ProgressiveErotica MAKES NO WARRANTY THAT ANY PARTICULAR COMPUTER, PORTABLE DEVICE, OR OTHER RECORDING DEVICE WILL BE COMPATIBLE WITH THE SOFTWARE AND SERVICE PROVIDED TO YOU, THAT ANY DEVICE USING THE SOFTWARE AND SERVICE WILL FUNCTION, OR THAT THE WEBSITE WILL WORK ON THE EQUIPMENT AND SOFTWARE USED BY YOU.
    2. ProgressiveErotica makes no representations that the Website is appropriate or available for use in locations outside of the United States of America. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
  12. Membership Fees
    1. You acknowledge that ProgressiveErotica reserves the right to charge for the PE dot com services and to change its fees from time to time in its discretion. If ProgressiveErotica terminates your rights to use the PE dot com services because you have breached this Agreement, you shall not be entitled to the refund of any unused portion of membership fees.
  13. Privacy Policy

Change Log: Last updated August 7, 2011