Terms & Conditions

The Fleshpot Films Web Site is made up of Web pages that are owned and operated by Fleshpot Films (“Ark Entertainment Ltd”) The following Terms of Use (“Terms”) govern your use of the Websites. Read these terms carefully before you (“You”) accept these Terms by: (a) placing an order through Fleshpot Films. Additionally, the Websites may themselves contain additional terms, codes of conduct or guidelines that govern the use of those websites, including without limitation, In the event that any of the Terms contained herein conflict with any additional terms contained within any Website, then these Terms shall control. Your use of the Websites constitutes Your Agreement to the Terms and any additional terms.

The Terms are entered into by and between Ark Entertainment Ltd and You. Any reference herein to Ark Entertainment Ltd shall be deemed to refer to Ark Entertainment Ltd and/or the websites, as applicable under the circumstances. The products offered for sale or rent and other online resources accessible via the Websites, are provided to You, subject to these Terms. Unless explicitly stated otherwise, the Terms will govern Your use of any new features that augment or enhance the Websites.

Ark Entertainment Ltd, and any third-party providers of content to the Websites may make improvements and/or changes to the Websites including the products, programs, services, and prices that are offered or described on the Websites, at any time, without prior notice. In addition, Ark Entertainment Ltd does not warrant that the products offered on the Websites are available to be shipped to all customers or that product description or other content of the Websites is accurate, complete, reliable, current or error-free. If a product offered on the Websites is not as described, Your sole remedy is to return the product in unused and sealed condition.

You acknowledge that the Websites contain sexually oriented adult material intended for individuals 18 years of age or older and of legal age to view sexually explicit material as determined by the local and national laws of the region in which You reside. You agree not to enter the Websites if you are not 18 years of age or older, if sexually oriented adult material offends you, or if you are accessing the Websites from any community or country where adult material is specifically prohibited by law. You acknowledge that by using the website You are confirming You are of the age of majority where you live, and that You are not prohibited by law from viewing sexually explicit content.

You will not share these materials with, or make them available to a minor. If You are concerned about minors accessing these materials on Your computer You may use parental control filters, hardware or software such as the products provided by CYBERsitter™, Net Nanny®, CyberPatrol or ASACP. Ark Entertainment Ltd does not endorse these providers, and is providing them as examples only.
Child Sexual Abuse Material is strictly prohibited. All performers, models and actors appearing in content uploaded by Ark Entertainment Ltd must provide government issued identification proving they are over the age of 18. If You believe You have viewed any media on the website that depicts minors, or the exploitation of minors, please email all evidence, including the URL of the media to support@fleshpotfilms.com. Ark Entertainment Ltd thoroughly investigates any allegations of child sexual abuse or exploitation on the website, and will cooperate fully with any law enforcement investigation.

Ark Entertainment Ltd reserves the right to update or modify these Terms and, any additional terms, codes of conduct or guidelines, without prior notice. You are responsible for regularly reviewing these Terms and Your continued use of the Websites constitutes Your agreement as to all such updated or modified terms.

Unless otherwise indicated, all information, images, text, messages, illustrations, graphics, logos, designs, icons, photographs, programs, data, software, music, sound, video, or other materials that are part of the Websites (collectively, the “Content”) are protected by copyright, trademarks, service marks, publicity rights, or other proprietary rights and laws owned, controlled or licensed by Ark Entertainment Ltd or by third parties(the “Third Party Providers”) who have provided materials to Ark Entertainment Ltd, and these rights are valid and protected in all forms, media and technologies, existing now or hereinafter developed. All Content is copyrighted as a collective work under worldwide copyright laws, and Ark Entertainment Ltd owns a copyright in the selection, coordination, arrangement, and enhancement of such content.

Except as set forth herein, none of the Content may be copied, reproduced, framed, modified, removed, sold, distributed, republished, downloaded, displayed, posted, transmitted, or otherwise exploited, in whole or in part, in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Ark Entertainment Ltd or the Third Party Provider. No part of the Websites may be reproduced or retransmitted in any way, or by any means, without the express written permission of Ark Entertainment Ltd. You also may not, without Ark Entertainment Ltd’s prior express written permission, “mirror” any of the Content contained on the Websites on any other server.

Ark Entertainment Ltd is committed to respecting others’ intellectual property rights, and we ask our users to do the same. Ark Entertainment Ltd may, in its sole discretion, terminate the accounts or access rights of users who infringe or otherwise violate others’ intellectual property rights.

Nothing on the Websites shall be construed as conferring any license under any of Ark Entertainment Ltd’s or any Third-Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.

Permission is granted to display, copy, distribute and download Ark Entertainment Ltd ‘s Content on the Websites for Your personal, non-commercial use only, provided You do not modify the materials and that You retain all copyright notices, trademark legends, and other proprietary rights notices contained in the materials. This permission terminates automatically if You breach any of these Terms. Upon termination, you must immediately destroy any downloaded and printed materials.

The Content on the Websites may be used only as a shopping or rental resource. The Content may not be redistributed to any minor, to any person who may find the Content personally offensive, or to any person who resides in any community or country where adult material is specifically prohibited by law. Any unauthorized use of any Content contained on the Websites may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Ark Entertainment Ltd has not independently authenticated content provided by Third Party Providers in whole or in part. Ark Entertainment Ltd does not provide, sell, license, rent or lease any of the Content other than those specifically identified as being provided by Ark Entertainment Ltd.

You agree to use the Websites only for lawful purposes. You are prohibited from posting on or transmitting through the Websites any Content that violates or infringes anyone’s intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or, to the extent protectable, confidential ideas) or that is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent, harassing, or otherwise deemed by Ark Entertainment Ltd to be harmful or objectionable, or that intentionally or unintentionally violates any applicable local, state, national or international law, or any regulations having the of law.

You agree to indemnify and hold Ark Entertainment Ltd, and its subsidiaries, affiliates, officers, agents, co-branders, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the use of the Websites.

Your use of the websites is at your sole risk. This website is provided by Ark Entertainment Ltd on an “as is” and “as available” basis. Unless otherwise explicitly stated, the content on the websites is provided “as is”, “with all faults,” and is for commercial use only. Ark Entertainment Ltd disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, fitness for a particular purpose, or noninfringement. Ark Entertainment Ltd makes no representations, warranties, conditions or guaranties as to the quality, suitability, truth, accuracy or completeness of any of the content contained on the websites. Ark
Entertainment Ltd may make available on the web sites content available for downloading that has been submitted by third-party users of the web sites. Any questions regarding the content should be directed to the providers of such content. In no event will Ark Entertainment Ltd or its suppliers be liable for the accuracy or completeness of the content or information from the websites.

Ark Entertainment Ltd makes no warranty or condition that: (i) the websites will meet your requirements, (ii) the websites will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the websites will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the websites will meet your expectations, or that (v) any errors in the websites software will be corrected.

Any material downloaded or otherwise obtained through the use of the websites is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material, including any damages resulting from computer viruses.

No advice or information, whether oral or written, obtained by you from Ark Entertainment Ltd or through or from the websites will create any warranty or condition not expressly stated in the terms. Ark Entertainment Ltd employees are not authorized to vary these terms.

To the extent not prohibited by applicable law, Ark Entertainment Ltd is not liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, revenue, goodwill, use, data, electronically transmitted orders, or other economic advantage (even if Ark Entertainment Ltd has been advised of the possibility of such damages), however caused and regardless of the theory of liability, whether in contract (including fundamental breach), tort (including negligence)or otherwise, arising out of or related to: (i) the use of or the inability to use the websites; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the websites;(iii) unauthorized access to or alteration of your transmissions or data; (iv)statements or conduct of any third party on the websites; or (v) any other matter relating to the services, including content you may download, use, modify or distribute from the websites.

You have sole responsibility for adequate protection and back up of data and/or equipment used in connection with the websites and will not make a claim against Ark Entertainment Ltd for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of the content.

ou agree to hold Ark Entertainment Ltd harmless from, and you covenant not to sue Ark Entertainment Ltd for, any claims based on using the websites, whether in contract (including
fundamental breach), tort (including negligence) or otherwise. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Ark Entertainment Ltd respects Your desire for privacy. By using the Websites, You are consenting to the processing of Your data by Ark Entertainment Ltd and consenting to the terms of our Privacy Policy. If we decide to make any significant change to that policy, we will post the revised policy prominently on the Websites or otherwise bring it to Your attention, so that You are always aware of what we do with Your information.

You are prohibited from violating or attempting to violate the security of the Websites, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Websites, overloading, “flooding,” “spamming, “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Ark Entertainment Ltd will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Websites or any activity being conducted on the Websites. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Websites other than the search engine and search agents available from Ark Entertainment Ltd on the Websites and other than generally available third party web browsers(e.g., Netscape Navigator, Microsoft Explorer).

Ark Entertainment Ltd, in its sole discretion, may terminate Your password, Your account, Your use of any of the on-line resources available on the Websites, and remove and discard any Content on the Websites, for any reason, including, without limitation, for lack of use or if Ark Entertainment Ltd believes that You have violated or acted inconsistently with the letter or spirit of the Terms. Any termination of Your access to the Websites under any provision of the Terms may be effected without prior notice, and Ark Entertainment Ltd may immediately de-activate or delete Your account and all related information and files in Your account and/or bar any further access to such files or to the Websites. Further, Ark Entertainment Ltd will not be liable to You or any third-party for any termination or suspension of Your Account or Your access to the Websites.

The Terms constitute the entire agreement between You and Ark Entertainment Ltd and govern Your use of the Websites, superseding any prior agreements between You and Ark Entertainment Ltd (including, but not limited to, any prior versions of the Terms). You also may be subject to additional terms and conditions that may apply when You use other Ark Entertainment Ltd services, third-party content or third-party software. You must not assign or otherwise transfer either the Terms or any right granted hereunder.

Fleshpot Films website membership requires that you maintain a working email address from which you can send and receive emails to the website administrator or use to login and identify yourself to the website, we reserve the right to suspend any account which does not have a working email address as well as delete all information associated with the account once we deem it uncommunicative. Furthermore, you acknowledge sole responsibility for maintaining a working email address and as such understand that not doing so will result in the irretrievable deletion of your account and details including any sales data, products or downloads.

Your use of the Websites constitutes Your Agreement to these Terms and any additional terms.