Terms of Service/ User Agreement/ Disclaimer
This web-based service (referred to herein as Site or Service) is offered to you by its owner (referred to herein as Company) on the following terms and conditions. By accessing or using this Service, you must agree to each and every term and condition stated below, and as may be revised from time to time in the sole discretion of the Company. By accessing or using this Service, you hereby state and affirm that they have read, understand, and agree with all of the following terms of service ("TOS"):
1. PRE-CONDITIONS FOR ACCESS TO SITE OR USE OF THE SERVICE
You must be of legal age to enter into binding agreements (such as this), meaning you must be at least 18 years of age (21 in some jurisdictions). This Site contains images, language and sounds that are sexually erotic in nature. By accessing or using this Service, you represent and warrant that you are not offended by images of nudity, sexually charged language or audio, and that you choose to be exposed to same herein. If you have a person under the age of majority in your household or who might otherwise gain access to this Site via your computer, the Company strongly encourages you to install filtering software to prevent access to this Site by a minor or a person who may be offended by its content. You represent and warrant that you will not allow a minor access to this Site. You represent and warrant that you are familiar with the community standards applicable to your locale regarding sexually explicit images, and if such standards could be violated by content appearing on this Site, you will not access this Site from such locale or country where prohibited.
2. DESCRIPTION AND USE LIMITATION OF SERVICE
The Service provides users with access to an on-line community of adults having similar interests, and other resources. The Service is intended for the private, personal, non-commercial use of individual members and visitors. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service cannot be used by businesses or organizations. In no event can any individual or business or organization use the Service to send spam to members, or to send marketing material in Site chat rooms, or use the Service to sell products or services
You agree that you will not use any robot or spider or other computer program or device to monitor or copy any portion of the Site or that could interfere with the functionality of the Site, or that could cause an improper burden or load on the Site or its computer equipment or network.
3. POSTED CONTENT/ LIMITATION OF LIABILITY
The Company, Site and Service are Internet Service Providers and Online Service Providers as defined by federal law, including but not limited to the Copyright Act and the Communications Decency Act and Federal Regulations, and claim all immunities and privileges owing to or available to same. Nothing in these TOS is intended to waive or remove any such immunities and privileges.
You are solely responsible for any content you post or upload or transmit on the Site or through the Service, and you represent and warrant that you have all legal rights necessary to do so, including but not limited to rights under copyright.
You represent and warrant that any images you post that include a recognizable depiction of any person other than yourself shall be non-sexual in nature, shall be only of persons eighteen years or older, and that you have obtained a written release from such other person(s) to legally permit you to post their image on the Site and that no compensation is due or owing to them as a result thereof. You represent and warrant that any image that includes bare breasts or male or female genitalia is an image of you and you only.
You are prohibited from posting any image that depicts insertion of any thing or object into the anus or vagina, or that depicts fellatio or cunninlinguis. You cannot post an image that depicts bondage or masochism or sadism or bestiality. You cannot post an image of an erect penis or of spread vaginal lips. You cannot post an image that is a "close-up" of a penis, whether erect or not. You cannot post any other type of sexually explicit image that triggers the record keeping requirements of 18 U.S.C. Section 2257.
The Company can remove any images, messages, audio, language, photos, profiles or any other content that it determines in its sole judgment to violate these TOS or which might be offensive, harmful, infringing or impinging upon the rights of another person or entity, or which may be threatening or harassing to any person or group of persons, or which promotes any illegal activity, or which is obscene or libelous or known to be false, or which includes transmission of unsolicited email or chain letters, and you agree not to post any such content.
You agree to indemnify and hold the Company, and its subsidiaries, affiliates, officers, employees, agents, co-branders or other partners, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of images, language or content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another person or entity. You further agree that in the event of any action or claim brought against the Company due to or arising out of any images, language or content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another, you will reimburse the Company for its reasonable attorneys' fees and costs incurred in the defense of such action or claim.
5. MODIFICATIONS TO SERVICE
You agree that the Company may at any time, in its sole discretion, modify, suspend or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Notwithstanding the fact that Company is an Internet Service Provider as defined under federal laws, you acknowledge and agree that the Company, in its sole discretion, may at any time terminate your profile, your access to the Site, and/or remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if the Company believes that you have violated or acted inconsistently with the letter or spirit of the TOS or of any terms and conditions or rules posted on the site. You agree that any termination of your access to the Service under any provision of these TOS may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your account (or any part thereof) and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that the Company shall not be liable to you or any third party for any termination of your access to, or removal of your information from, the Service.
7. DEALINGS WITH ADVERTISERS/ MARKETING PARTNERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers and marketing partners on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, use of or reliance on any such content, goods or services available on or through any such site or resource.
9. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Company or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based, in whole or in part, on the Service, the Software, the content or sponsor advertisements, or information presented to you through the Service or advertisers.
The Company grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by the Company for use in accessing the Service.
Any and all disputes arising out of or relating to these TOS and/or your use of the Site or Service must be submitted to binding arbitration under the rules and procedures of the American Arbitration Society; provided however all costs and fees of arbitration split equally between the parties, with neither party entitled to an award of attorneys' fees. All parties to such arbitration submit to the exclusive jurisdiction and venue of such arbitration in Los Angeles County, California at JAMS before a retired judge and governed by the law of California without regard to choice of law provisions.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. THE COMPANY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS SITE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (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 SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE OR REASON WHATSOEVER SHALL BE AT ALL TIMES LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR YOUR USE OF THE SERVICE DURING THE TERM OF YOUR USE.
13. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. COPYRIGHTS and COPYRIGHT AGENT
The Company respects the intellectual property rights of others, and we ask our members to do the same. You cannot post, reproduce or distribute copyrighted material unless you have received necessary rights under copyright to do so, which typically requires you to have obtained a written license from the copyright holder.
If you believe that material in which you hold copyright or rights under copyright has been copied or posted on the Site in a way that constitutes infringement, please provide the Company's Copyright Agent the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a) a description of the copyrighted work that you claim has been infringed;
b) a description of where the material that you claim is infringing is located on the site;
c) your name, address, telephone number, and email address;
d) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
e) a written statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
The Company's Copyright Agent for Notice of claims of copyright infringement on its site can be reached as follows: By email: email@example.com . As the Company is a registered online service provider, this information can also be found on the website of the U.S. Copyright Office, in the directory of "designated agents" for Online Service Providers.
15. MEMBER SUBSCRIPTIONS
Upon subscribing to membership to the Service, you hereby authorize the Company or its payment processing agent (as shown on the "join page" of the website) to charge your credit card (or other approved payment facility) for periodic recurring subscription fees according to the then-current billing terms for the Service. Monthly rates of your subscription will be automatically renewed at the rate specified on the site's JOIN page and your credit card (or other approved facility) will be charged at the then-current subscription rate unless you notify the Company that you wish to cancel your subscription no less than five (5) days prior to the end of the preceding billing period. You are liable for any subscription charges incurred by you up to and until termination of the Service. You hereby further authorize Company or its payment processing agent to charge your credit card (or other approved facility) for any and all purchases of products or services made by you through the Service. You agree not to report as lost or stolen any credit card which you have used in conjunction with such payment to your issuing bank or to the Company or its payment agent for goods or services which you do not have good reason to believe is, in fact, lost or stolen. You further agree not to report as unauthorized any charge for goods or services (including subscriptions) which you have, in fact, ordered from the Company. You hereby agree that any such false reporting of a lost or stolen credit card or of unauthorized charges cause severe business and financial harm to Company and shall render you liable to the Company for liquidated damages in the amount of $2,500.00. 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. Upon request, Subscribers will be given access to billing records that support charges for use of the Service. BY FILLING OUT AND SUBMITTING THE CREDIT CARD DATA FIELDS ON THE JOIN FORM, YOU APPOINT COMPANY OR ITS PAYMENT PROCESSOR AS YOUR AUTHORIZED AGENT FOR THE LIMITED PURPOSE OF COLLECTING SAID CREDIT CARD DATA AND TRANSMITTING IT IN A SECURE OR ENCRYPTED FORMAT TO THE CREDIT CARD MERCHANT FOR THE PRODUCT SO PURCHASED ON THE JOIN FORM. If the address or any other information pertaining to your credit card is changed for any reason, including changes in the home or billing address, changes in the card expiration date, or if your credit card is lost or stolen, you must immediately inform its payment processing agent via e-mail. Your failure to do so is a material breach of this Agreement, and, in the event of your failure to so notify, agent and Company disclaim any and all responsibility for charges posted to a lost or stolen credit card. Your subscription cannot be assigned or transferred to any other person or entity. You must promptly inform the Company of any apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until said agent and Company are notified, you will remain liable for any unauthorized use of the Service.
16. DISPUTES AMONG USERS
The Company is not, and cannot be, responsible for the messages or content posted to or transmitted through the Site. While users represent and warrant that they are at least eighteen years of age, the Company cannot and does not guarantee that a person under eighteen years of age may have infiltrated the Site. Use caution and common sense when dealing with another user, and you are strongly encouraged to request proof of age and identity prior to embarking on a relationship or outing with another user. The Company is not involved in user interactions, and you release the Company, its officers, directors, employees and agents from any and all claims, liabilities and demands, of any kind or nature whatsoever, known or unknown, suspected or unsuspected, arising out of or related to your use of the Service or your interactions with another member. The Company has no obligation whatsoever to monitor disputes between users, but reserves the right to do so in its sole discretion.
17. MISCELLANEOUS INFORMATION
The TOS constitute the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. If any provision of the TOS is found to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or it shall be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
You may from time to time receive emails from outside staff to enhance your experience with this Service, you may also receive emails to alert you to an incomplete or possibly inaccurate profile. You release Company from any liability arising from or related to such email transmissions to you.
By requesting to use, registering to use, and/or using the Service, you represent and warrant that you have never been convicted of a felony and are not required to register as a sex offender with any government entity. THIS SERVICE DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, we reserve the right to conduct a criminal background check, at any time and using available public records, to confirm your compliance with this provision. 18. VIOLATIONS
Please report any violations of the TOS to our Customer Service Department at firstname.lastname@example.org.
19. PAID TRIAL AND MONTHLY MEMBERSHIPS
SHOULD YOU ACCESS THE WEBSITE ON THE BASIS OF A PAID TRIAL MEMBERSHIP, BE ADVISED THAT ALL TRIAL MEMBERSHIPS WILL AUTOMATICALLY BECOME A REGULAR MONTHLY MEMBERSHIP SUBSCRIPTION AT THE END OF THE TRIAL PERIOD UNLESS YOU CANCEL YOUR MEMBERSHIP AT LEAST 24 HOURS BEFORE THE END OF THE TRIAL PERIOD BY USING OUR ONLINE TOOLS.
PAID MONTHLY MEMBERSHIP SUBSCRIPTIONS ARE RECURRING SUBSCRIPTIONS MEANING THAT YOU WILL AUTOMATICALLY BE BILLED MONTHLY AT THE THEN-CURRENT MONTHLY RATE (as specified on the site's UPGRADE page) UNTIL YOU CANCEL YOUR MEMBERSHIP. UNLESS REFUNDED FOR GOOD CAUSE SHOWN, MEMBERSHIP FEES INCURRED PRIOR TO CANCELLATION ARE YOUR OBLIGATION TO PAY, AND WE WILL PURSE BY COLLECTION AGENCIES OR OTHER LAWFUL MEANS ANY SUBSCRIBER WHO DEFRAUDS VIA CREDIT CARD CHARGEBACKS OR REFUNDS.
COMPANY RESERVES THE RIGHT TO DETERMINE WHICH CONTENT MAY BE ACCESSIBLE TO TRIAL SUBSCRIPTION MEMBERS. TRIAL MEMBERSHIP CONTENT ACCESS MAY BE LIMITED. TO RECEIVE ACCESS TO ALL SITE CONTENT IT MAY BE NECESSARY TO UPGRADE THE TRIAL MEMBERSHIP TO A FULL PRICE SITE SUBSCRIPTION.
Upon subscribing as a paid member, YOU hereby authorize COMPANYS payment processing agent (Epoch.com, CCBill, or other authorized agent as disclosed on the "join page" of the website) to charge your credit card (or other approved payment facility) for periodic RECURRING subscription fees according to the then-current billing terms for the Service. Monthly rates of Your subscription will be AUTOMATICALLY renewed at the rate specified on the site's JOIN page and your credit card (or other approved facility) will be charged at the then-current subscription rate unless you notify the COMPANY that you wish to cancel your subscription no less than four (4) days prior to the end of the preceding billing period. All charges will appear on your credit card statement according to the terms of service of COMPANYs payment processing agent. YOU hereby further authorize COMPANYs payment processing agent to charge your credit card (or other approved facility) for any and all purchases of products, services and entertainment made by YOU through the Service. YOU agree not to report as lost or stolen any credit card which you have used in conjunction with such payment to YOUR issuing bank or to the COMPANY or its payment agent for goods or services which you do not have good reason to believe is, in fact, lost or stolen. You further agree not to report as unauthorized any charge for goods or services (including subscriptions) which you have, in fact, ordered from the COMPANY. You hereby agree that any such false reporting of a lost or stolen credit card or of unauthorized charges cause severe business and financial harm to COMPANY and shall render YOU liable to COMPANY for liquidated damages in the amount 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. Upon request, Subscribers will be given access to billing records that support charges for use of the Service. BY FILLING OUT AND SUBMITTING THE CREDIT CARD DATA FIELDS ON THE JOIN FORM, YOU APPOINT COMPANY AS YOUR AUTHORIZED AGENT FOR THE LIMITED PURPOSE OF COLLECTING SAID CREDIT CARD DATA AND TRANSMITTING IT IN A SECURE OR ENCRYPTED FORMAT TO THE CREDIT CARD MERCHANT FOR THE PRODUCT SO PURCHASED ON THE JOIN FORM.
20. USER AGREEMENT
By applying for membership and subsequently becoming a member of this site, the person or persons applying for membership (hereinafter referred to as "applicant" or "the applicant") does hereby state and affirm that:
19.1. Applicant is at least 18 (eighteen) years of age