Last Updated: Jul 13th 2022
TERMS & CONDITIONS
By using or accessing the Site's content, You agree to be bound by these Terms and Conditions (the "Agreement"), as amended from time to time. Please read them carefully. If You do not agree with all of the terms in this Agreement, You cannot access or use the Sites.
- "Company" means the operator of the following websites: SmashSwipe (collectively, the "Site(s)"). First-person pronouns like Us, We, Our, Ours, etc. in this Agreement refer to the Company.
- "User", "You", "Yours" and similar second-person pronouns refer to a person that is using or accessing the Sites, including Users that choose to become Members of the Site.
Conditions for Usage of the Sites
- In order to use the Site or any services provided by the Company, You must have attained the age of majority (i.e. at least 18 or 21 years of age) in Your jurisdiction. You represent and warrant You attained the age of majority in Your jurisdiction.
- Nobody is authorized to access this Site unless they have signed this Agreement. Such signature does not need to be a physical signature, since electronic execution of this Agreement is permitted by the Electronic Signatures in Global and National Commerce Act (E-Sign Act), and similar statutes.
- We may revise this Agreement. We reserve the right to do so, and You agree that We have this right. You agree that all modifications or changes to this Agreement are in force and enforceable immediately upon posting. Any updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. If any amendment of this Agreement is deemed ineffective or invalid by any court, the parties intend that the prior, effective version of this Agreement be considered valid and enforceable to the fullest extent.
- If We change anything in this Agreement, We will change the "last modified date" at the top of this Agreement so that it is immediately obvious that We have updated it. If You fail to periodically review this Agreement to determine if any of the terms have changed, You assume all responsibility for Your failure to do so and You agree that such failure amounts to Your affirmative waiver of Your right to review the amended terms. We are not responsible for Your neglect of Your legal rights.
- Consideration for Your acquiescence to all of the provisions in this Agreement has been provided to You in the form of allowing You to use Our Site and Our Services. You agree that such Consideration is both adequate, and that it is received upon Your viewing or using any portion of any of the Site.
- Consent to Electronic Communications. You agree that the Site may include certain communications such as service announcements or administrative messages, and that these communications are considered part of Your Site or Services and You will not be able to opt-out of receiving them. You also agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.
- Registered Sex Offender. You may not access the Sites if You are, or are required to be, a registered sex offender in any jurisdiction. Your continued access indicates Your representation and warranty that You have not been convicted of a felony or any criminal offense characterized as a sexual offense, and, that You are not required to register as a sex offender with any government entity. While We restrict Our Site and Services to those who are not registered sex offenders, You understand and acknowledge that We do not screen Users in any way, including screening for sex offenders.
- You agree to use the Sites only for your own personal, lawful purposes and for their intended purposes. You may not authorize or permit others to use Your account.
- You may not: 1) attempt to obtain the personal contact information of another user without their consent; 2) use vulgar, harassing, obscene, privacy invading, or defamatory language; 3) do anything to disrupt the operation of the Site, services or network; 4) attempt to gain unauthorized access of the network to transmit "junk mail" or other electronic commercial messages; 5) advertise or market any services or products; 6) post, upload or transmit false, misleading or illegal information or content to the Site, or take any action that violates the rights of third parties; 7) make false statements or attempt to use financial or other information that You are not authorized to use; 8) infringe on the intellectual property of this Site or other third parties, or 9) any other unacceptable conduct.
Users shall not engage in any activity or transmit content that depicts or references anything that may:
- Be defamatory, obscene, child pornographic, harassing, illegal, or otherwise objectionable content (in Our discretion) may appear on any profile or chat board and such content is prohibited from Our internal messaging services as well;
- promote or facilitate illegal activity—including the prostitution of another person, escort services, or the exchange of sex for money or any other form of consideration—or violate the rights of others;
- incorporate Prohibited Content. Prohibited Content includes, but is not limited to: incest content, warez content, scatological content, death images, defecation, feces, urination, genital mutilation, underage teen modeling, actual or simulated rape, sexual violence, menstruation, obscenity, bestiality, threats of physical harm to persons or property, programs containing viruses, pirated software, wire fraud, drug trafficking, sex trafficking, and/or violations of international export control laws
- You shall not arrange for payments through third-party methods
- Your postings shall be accurate and may be posted and/or edited, in our sole discretion, and should not contain vulgar or defamatory language.
- You may not use the Site for any purpose that is unlawful or prohibited by the applicable terms, conditions, or notices contained in this Agreement.
- You may not use the Site in any manner that could damage, disable, overburden or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
- You may not translate, reverse-engineer, decompile, disassemble, or make derivative works from any of the content on Our Site. You hereby agree not to use any automatic device or manual process to monitor, "scrape," or reproduce the Site or Materials, and will not use any device, software, computer code, or virus to interfere or attempt to disrupt or damage the Site or any communications on it.
- You acknowledge that the Site provides an interactive computer service under federal law, and permits individuals to communicate with each other in various ways, including through SMS text. As with any human interaction, some individuals may seek to abuse the Site, to annoy, harass, or otherwise harm other users. We do not tolerate such abuse, and any user engaging in such conduct risks termination and potential civil or criminal liability. This notification shall serve as a warning to Our users of the potential for misuse of Our Site. We urge You to use common sense when interacting with individuals using the Site, and to report any instances of misconduct to customer support.
The Company does not conduct criminal background checks on users. You are solely responsible for Your interactions with other users. The Company does not (and will not): (1) monitor the activity of users, (2) screen or interview users, (3) investigate the background of users, or (4) try to verify the accuracy of statements made by users. The Company is not making any warranty about the conduct of users or those acting on their behalf. The Company recommends that You take reasonable precautions in all communications, meetings, or interactions with other users. The Company also recommends that You consider the following online dating safety tips:
- Anyone who can commit identity theft can also falsify a dating profile.
- There is no substitute for acting with caution when communicating with any stranger who wants to meet You.
- Never include Your last name, email address, home address, phone number, place of work, or any other identifying information in Your Internet profile or initial email messages. Stop communications with anyone who pressures You for personal or financial information or tries in any way to trick You into revealing it.
- If You choose to have a face-to-face meeting with another user, always tell someone in Your family or a friend where You are going and when You will return. Never agree to be picked up at Your home. Always provide Your own transportation to and from Your date and meet in a public place with many people around.
- No Prostitution or Sex Trafficking. The promotion and recruitment of escorts, escort services, personal companions, etc. are contrary to the purposes of this website and will not be tolerated in any fashion. Soliciting for, recruiting, or offering the services of escorts on this website is strictly prohibited. Profiles that are used for the solicitation or promotion of prostitution or escort services in any way will be immediately disabled with no refund. This incudes the use of hyperlinks to external websites promoting escorts, URLs promoting escorts, and any other activity that the Company considers as solicitations, promotions, or offers.
- Any violation of these online conduct guidelines or terms and conditions will subject Your account to immediate termination without notice.
- Notwithstanding the foregoing, the Company does not assume any obligation to monitor or review postings or content submitted by You or users, and may choose not to do so.
WAIVER OF ANY PRIVACY RIGHTS
- You acknowledge that Your profile may be utilized and displayed on other network sites operated by the Company. You hereby consent to make Your profile available on other network sites. You agree to allow any contact information provided to the Site, including any email addresses, to be shared with Our affiliates, partners and independent contractors, for purposes of receiving electronic messages and promotions from such entities. Your agreement to these terms constitutes Your specific consent to receive such messages in the future. Users may opt out of this waiver by accessing their account settings.
- You understand and accept that when You attempt to contact other users, these users may find amusement in Your profile or communications. You understand and accept that no communications between You and other users is private, even if the Member profile to which You respond is created by Us. You hereby release Us and all other members of the Site from any liability for invasion of privacy, defamation, false light, and related torts, in the event that Your communications or profile are made public - even if they are made public for the sole purpose of amusing others at Your expense.
Restrictions On Use Of Our Sites:
You agree that You will only use the Site for purposes expressly permitted by this User Agreement and not for any other use, including, without limitation:
- Duplicate any part of Our Sites or the Materials contained therein (except as expressly provided elsewhere in this Agreement);
- Create any derivative works based on Our Sites or any of the Materials contained therein;
- Use Our Site or any of the Materials contained therein for any public display, public performance, sale or rental;
- Re-distribute Our Sites or any of the Materials contained therein;
- Remove any copyright or other proprietary notices from Our Sites or any of the Materials contained therein;
- Frame or utilize any framing techniques in connection with Our Sites or any of the Materials contained therein;
- Use any meta-tags or any other "hidden text" using Our Sites' name or marks, and You hereby stipulate that any use of the Site's name or marks, or any other marks owned by the Publisher is an infringement upon the Publisher's trademark rights, and You stipulate to liquidated damages of $5000 per such infringement, plus You agree to pay any and all fees incurred in the recovery of this amount, including attorney's fees and all associated costs.
- "Deep-link" to any page of Our Sites (including the homepage), or avoid agreement to the Site's Terms & Conditions; You may only link to the main entry page;
- Circumvent any encryption or other security tools used anywhere on the Site (including the theft of user names and passwords or using another person's user name and password in order to gain access to a restricted area of the Site);
- Use any data mining, scraping, bots, or similar data gathering and extraction tools on the Site;
- Decompile, reverse engineer, modify or disassemble any of the software aspect of the Materials except and only to the extent permitted by applicable law;
- Sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third-party the Materials or any of Your rights to access and use the Materials as granted specifically by this Agreement; or
- Bookmark any page of the Site beyond the registration log-in screen.
GRANT OF LICENSE TO USER
- Subject to this Agreement, the Company grants You a limited, nonexclusive, nontransferable personal license to access and use the Sites.
- Users of this Site are granted a single copy license to view Materials.
- All Materials on the Site shall be for Your personal, non-commercial use only and all other uses are strictly prohibited. Any unauthorized use of the Site or any of the Materials contained therein terminates this limited license effective immediately.
- Company reserves the right to limit the amount of materials viewed. You agree to prevent any unauthorized copying of the Site, or any of the Materials contained therein.
GRANT OF LICENSE TO COMPANY
You hereby irrevocably grant to Company a non-exclusive, perpetual, worldwide, irrevocable, and transferable right and license to:
- Reproduce, transmit, communicate, display, or distribute Your submitted photographs, on or as part of Our sites, on other Internet sites, or elsewhere, for promotional or commercial purposes, by means of any technology, whether now known or hereafter to become known;
- Reproduce Your pictures in digital form of display on the Internet (alone or in combination with other works, including, but not limited to, text, data, images, photographs, illustrations, animation, graphics, video, or audio segments, and hypertext links);
- Adapt, modify, or alter Your texts, videos, or photographs, or otherwise create derivative works based thereupon; and for all other reasonable promotional or commercial uses either as part of the operation of Our sites, or as a promotion or operation of any derivative or related businesses.
MEMBERSHIP TYPES AND FEES
- Basic Members - are not charged a fee, but have limited membership privileges.
- 3 Month Membership - These Members have full membership rights and are billed the then-current rate every 90 days for unlimited access
- 1 Month Membership - These Members have full membership rights and are billed the then-current rate every 30 days for unlimited access
- Tokens and Virtual Gifts - Members may elect to purchase tokens to gain access to additional features and/or increase membership privileges (“Tokens”), including sending flirts, buddies, mail messages (40 tokens), instant messages (40 tokens) and virtual gifts which consist of various icons such as rings, hearts, and shoes, that may be sent to other users in certain instances (“Virtual Gifts”). Tokens and Virtual Gifts have no cash value and are for entertainment purposes only. Tokens cannot be sold or transferred to other members. Virtual Gifts cannot be sold to other members but may be sent to other users over instant message in select instances. Virtual Gifts and Tokens are not eligible for any full or partial refunds, but we may issue refunds for unused Tokens in select instances, in our sole and absolute discretion. You may purchase Tokens in packages with varying amounts and prices. The price of Token packages is displayed on the Sites. We may allow You to purchase Virtual Gifts using Tokens. You may only purchase Token packages and Virtual Gifts at the currently displayed price. All previous offers or discounts are unavailable once removed from the Sites. You will not purchase, sell, barter, trade, or offer to purchase, sell, barter, or trade Virtual Gifts from or to any member. Any such attempt will be null and void. We may provide Recipients of Virtual Gifts a share of the revenue generated from the sale of such Virtual Gifts, in our sole and absolute discretion. We make no assurances that any member will receive a share of the revenue generated from the sale of Virtual Gifts that such member receives. We reserve the right to charge additional fees for access to the Sites or any feature or service of the Sites, and to change our fee structure, in our sole and absolute discretion. We reserve the right to limit, permanently discontinue, or temporary disable the purchase or use of Tokens or Virtual Gifts, in our sole and absolute discretion. We may temporarily hold or permanently terminate the purchase or transfer of any Tokens or Virtual Gifts at any time, for any reason, with or without notice, in our sole and absolute discretion. We do not guarantee that Tokens or Virtual Gifts will be available at any given time nor that we will continue to offer such features. We may modify the prices, features, structures, and uses of Tokens and Virtual Gifts at any time, in our sole and absolute discretion, including making such features more or less common, desirable, effective, or functional.
Automatic Renewals. IF YOU PAY FOR A MEMBERSHIP BY CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD INVOLVING AN AUTOMATICALLY RENEWING MEMBERSHIP) AND YOU DO NOT CANCEL YOUR MEMBERSHIP PRIOR TO THE END OF THE TERM, YOUR MEMBERSHIP WILL BE AUTOMATICALLY EXTENDED AT THE END OF EACH TERM FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME DURATION AS THE ORIGINAL MEMBERSHIP TERM.
- YOU ACKNOWLEDGE AND AGREE THAT YOUR PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED FOR SUCH MEMBERSHIP FEES, PLUS ANY APPLICABLE TAXES, UPON EACH SUCH AUTO RENEWAL. YOU CONSENT TO AND ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES TO YOUR CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD, AS APPLICABLE) BASED ON THIS AUTOMATIC RENEWAL FEATURE WITHOUT FURTHER AUTHORIZATION FROM YOU.
- AS AN EXAMPLE ONLY, UNLESS YOU CANCEL, A ONE MONTH MEMBERSHIP WILL AUTOMATICALLY BE RENEWED ON A MONTHLY BASIS. THE RENEWAL WILL BE AT THE SAME MEMBERSHIP FEE AS WHEN YOU FIRST SUBSCRIBED, PLUS ANY APPLICABLE TAXES, UNLESS WE NOTIFY YOU AT LEAST 10 DAYS PRIOR TO THE END OF YOUR CURRENT TERM THAT THE MEMBERSHIP FEE WILL INCREASE.
Membership obligations and restrictions.
- Membership fees, Tokens, and Virtual Gifts are non-refundable.
- In the event of an unsuccessful recurring payment, an administrative fee of up to $4.00 may be applied in order to keep your subscription active until the full subscription fee can be processed successfully.
- All of the information You provide during Your signup process, and in any other interaction with Us, shall be correct, current, truthful, and complete. If You provide any false, misleading, incomplete, or otherwise incorrect information to Us, Your Membership and Your Membership discounts will be immediately null and void - and You will be responsible for a-la-carte billing for all of Your access to Our services.
- You may never sell, transfer or sell your membership or Tokens to a third-party. You are not authorized to share any of Our Materials with any person who does not have their own membership.
- We may automatically generate invitations to complete membership applications for Our other partner or affiliated sites when You join the Site. However, You will not be charged for other memberships unless You affirmatively choose to complete the membership application and register for another website.
- You are responsible for any credit card charge backs, dishonored checks, and any related fees that We incur with respect to Your account. If You fail to reimburse Us for any credit card chargebacks, dishonored checks, or related fees within 30 days of our initial demand for reimbursement, You agree that You will pay Us $100 in additional liquidated damages for each fee incurred.
- Username & Password - As part of the registration process, You will be issued or choose a unique User name and password which You must provide in order to gain access to the non-public portion of the Site. You certify that when asked to choose a username You will not choose a name which may falsely represent You as somebody else or a name which may otherwise be in violation of the rights of a third-party. We reserve the right to disallow the use of usernames that We, at Our sole discretion, deem inappropriate. We reserve the right to cancel at any time the Membership of any Member who uses their selected User name in violation of these Terms and Conditions or in any other way We, in Our sole discretion, deem inappropriate. Your membership, the ID and password are all nontransferable and non-assignable. You represent and warrant that You will not disclose to any other person Your unique User name and password. You are solely responsible for maintaining the confidentiality of Your User name and password and are fully responsible for all activities that occur under Your User name and password. You agree to (a) immediately notify Us of any unauthorized use of Your User name and password or any other breach of security, and (b) ensure that You exit from Your account at the end of each session.
FOR AMUSEMENT PURPOSES ONLY
- The Sites are for the personal, non-commercial use of Users.
- You understand and accept that Our site, while built in the form of a personals service, is an entertainment service. All profiles and communications are provided for the amusement and entertainment of Our members and Our users. You are not guaranteed that You will find a date, a companion, or an activity partner, or that You will meet any of Our members in person.
THIS SITE USES FANTASY PROFILES AND MESSAGES CALLED: ONLINE CUPIDS®”: You understand, acknowledge, and agree that some of the user profiles posted on this site, may be fictitious and operated by the Site or its contractors,
These profiles and related messages are conspicuously labeled with the Online Cupids logo. . Our Online Cupids® service is part of Our efforts to: 1) monitor the use of Our services and to enforce Our policies; 2) educate users regarding the Site's various features, options and communication tools; 3) stimulate conversation with users; 4) and to encourage further and broader participation in all of our Site's services, including the posting of additional information and/or pictures to the users' profiles.
- You understand, acknowledge, and agree that the information, text, and pictures contained in the Online Cupids® service profiles do not pertain to any actual person, but are included for entertainment and educational purposes only. Life events, experiences, interests, and geographic locations are fictitious. Nothing contained in any Online Cupids® service profile or message is intended to describe or resemble any real person - living or dead. Any similarity between Online Cupids® user profile descriptions or images and any person is purely coincidental.
- Please also note that a single Online Cupid contractor may be involved with more than one (1) profile on Our Site. Online Cupids® service profiles and messages can be readily identified by You and distinguished from member profiles and messages by the above-referenced logo appearing on each Online Cupids® profile and communication.
- You further understand, acknowledge, and agree that, from time-to-time, Online Cupids® profiles may contact both free users and paid users via computer-generated Instant Messages or emails for purposes referenced above. These messages may be transmitted to multiple recipients at the same or similar time(s). Messages from Online Cupids® profiles will contain the uniform designation "Online Cupid" to notify the user that a message has been received from an Online Cupids® profile. In the event the user responds to an Online Cupids® message, either via email or Instant Message, the user may receive one or more additional personal or automated responses from the Online Cupids® profile.
- You understand, acknowledge, and agree that no physical meeting will ever take place between You and the individuals providing Our Online Cupids® service, and that the exchange of messages between You and the Online Cupids® profile is for entertainment purposes, as well as to encourage further or broader participation in Our site's services and/or to monitor user activities.
- Notwithstanding the above, the user is not guaranteed a response to any message sent to an Online Cupids® profile (or another user).
- We reserve the right to utilize the Online Cupids® service in connection with other features of Our Site, either now existing, or to be developed in the future (E.g.: Hotlists, Friend Invites, etc.).
- Nothing contained in this Section shall create any right to, or expectation of, interaction between users and Online Cupids® profiles or the individuals utilizing or creating such profiles. Any question regarding the Online Cupids® service and participation on Our Site should be directed to Our Customer Service Department.
- Section 230 Notice: You acknowledge Your responsibility to prevent minors under Your care from accessing harmful or inappropriate material. You agree not to allow minors to view any such content, and You agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors' access to harmful or inappropriate material. Pursuant to 47 U.S.C. §230(d), You are hereby informed that You can research such services by typing “internet filters” or “parental controls” or similar term into an Internet search engine. We make no representation or warranty regarding any of the products or services referenced on third party sites, and We recommend that You conduct appropriate due diligence before purchasing or installing any online filter. You agree to take particular steps to prevent minors from viewing Our Site or the content received via Our Services if Your computer or mobile device can be accessed by a minor. Pursuant to the Communications Decency Act ("CDA"), 47 U.S.C. §230(c)(1), and court decisions interpreting the scope of the CDA, You acknowledge and understand that We operate as the provider of an interactive computer service. Thus, We are immune from, and cannot be held responsible for, claims arising from the publication of Your content (including third-party content). We do not create such content, and We are not responsible for the publication of remarks or communications of third-parties that may arguably rise to the level of being actionable under federal or state laws including, but not limited to, the publication of material that might be considered defamatory, or violative of privacy or publicity rights. Note, that federal law allows Us to remove any content found to be offensive, defamatory, obscene or otherwise violative of Our policies, without impacting Our status as the provider of an interactive computer service.
THIRD PARTY LINKS
- Links to external websites (including external content framed or embedded by the Site) or inclusions of advertisements do not constitute an endorsement by the Company of such websites or the content, products, advertising, or other materials presented on such Site, but are for user's convenience.
- You further acknowledge and agree that Publisher 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 third-party content, goods or services available on or through any such website or resource. If You decide to access any such third-party website, You do so entirely at Your own risk and subject to any terms and conditions and privacy policies posted therein.
- Past Due Payments - If You fail to pay your account in full within thirty (30) days of the invoice date, You agree to pay interest on the past due amount at a monthly rate of 1.5%, or the highest amount allowed by law, whichever is higher, compounded daily, plus any additional collection costs, credits, charge backs and attorney's fees.
- Billing Errors. If You believe that You have been erroneously billed, please notify Us immediately of such error. If We do not hear from You within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by You for all purposes, including resolution of inquiries made by your credit card issuer. You release Us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Us within thirty (30) days of its publication.
SPECIAL CONSIDERATIONS REGARDING MINORS AND OTHER AGE-RELATED ISSUES
WE HAVE A ZERO TOLERANCE POLICY FOR CHILD PORNOGRAPHY AND A ZERO TOLERANCE POLICY REGARDING PEDOPHILES OR ANY PEDOPHILIC ACTIVITY.
- We take great measures to ensure that no underage models appear in any of Our materials.
- All Users shall report any images, real or simulated, that appear to depict minors on Our Site. If You see any images or other depictions that are questionable, You agree to report these images by emailing Us at email@example.com . Please include with Your report any appropriate evidence, including the date and time of identification.
- We enthusiastically cooperate with any law-enforcement agency investigating child pornography.
- We specifically disclaim any responsibility or liability for any misrepresentations regarding a User's age. Users must utilize their own efforts to confirm age before relying on any User's age representation to the Site.
DISCLOSURES REGARDING IMAGES AND CONTENT ON SITES
- Sexually Explicit Nature- Our Site(s) contain images and content, including but not limited to text, software, images, graphics, data, messages, or any other information, and any other World Wide Website owned, operated, licensed, or controlled by the Publisher (collectively, "Materials")
- You acknowledge and understandthat some or all of the Materials may be erotic in nature - and that they may contain graphic visual depictions of sexual activity and nudity, graphic audio portions of the same kind of content, and descriptions of sexually explicit activities. You acknowledge that You are aware of the nature of the Materials provided by the Company and that you are not offended by such Materials, and that you access the Site freely, voluntarily, and willingly, and for your own personal enjoyment.
STIPULATED LIQUIDATED DAMAGES
- In various provisions in this Agreement, we have outlined liquidated damages amounts to be applied as penalties against You if You violate these specific provisions. You specifically agree to pay these amounts. In agreeing to pay liquidated damages, you acknowledge that this amount is not a penalty, that the actual damages are uncertain and difficult to ascertain, but that this amount represents the parties' good faith attempt to calculate an appropriate compensation based on anticipated actual damages.
LIMITATION OF LIABILITY
- For any matter arising out of or relating to this Agreement, Company (or its licensors, agents, suppliers, resellers, service providers, or any other subscribers or suppliers) shall not be liable to You, or any other third-party for any direct, special, indirect, incidental, consequential, exemplary, or punitive damages, including without limitation, damages for loss of profits, loss of information, business interruption, revenue, or goodwill, which may arise from any person's use, misuse, or inability to use the Site or any of the materials contained therein.
- Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to You.
- The Site and all materials contained therein are provided "as is" without warranty of any kind, either express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.
- COMPANY DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OR SCREEN THE PERSONS ACCESSING THE SERVICES. COMPANY IS NOT RESPONSIBLE AND DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE CONDUCT OF ANY USER, REGARDLESS OF WHETHER THAT CONDUCT OCCURS ONLINE OR OFFLINE.
- Company makes no warranty regarding any goods or services purchased or obtained through the Site or any transaction entered into through the Site and is not responsible for any use of confidential or private information by sellers or third parties.
- You also understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Site or any of the materials contained therein 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 such material and/or data.
- WITHOUT LIMITING THE FOREGOING, COMPANY SPECIFICALLY DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) THE ACTIONS YOURSELF OR OF ANY THIRD PARTY, (B) THE UNAVAILABILITY OF THE SERVICES OR ANY LOSS OF DATA, (C) YOUR USE OF THE SERVICES OR THE CONTENT, (D) ANY USER SUBMISSIONS, USER FILES, CONTENT, OR POSTS, AND (D) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SERVICES OR THE CONTENT, AND (E) YOUR USE OF ANY THIRD-PARTY SERVICES SUCH AS WEBSITES, MOBILE WEBSITES, LINKS, ETC. DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THE SERVICES.
- You agree to indemnify, defend and hold harmless, the Company and its parents and subsidiaries, and each of their respective officers, partners, members, managers, employees, agents and attorneys, against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including settlement costs and/or reasonable attorneys' fees) arising from or relating to Your use of the Site and/or Services, and any material that You submit to or transmit through the Site, Your violation of this Agreement, or Your infringement or violation of the rights of another.
- We reserve the right to participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but are not obligated to do so.
- You also agree to defend and indemnify Us should any third-party be harmed by Your actions or should We be obligated to defend any claims brought by any party.
- All Materials included on the Site, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations and software is the property of the Publisher or its content suppliers and is protected by United States and international copyright laws. We retain all right, title, and interest in the Materials. The compilation of all Materials on the Site is the exclusive property of the Publisher or its content suppliers and protected by United States and international copyright laws, as well as other laws and regulations.
- You understand and acknowledge that the software elements of the Materials on the Site may be subject to regulation by agencies of the United States Government, including the United States Department of Commerce, which prohibits export or diversion of software to certain countries and third parties.
- You agree that none of the Materials are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.
DMCA COMPLAINT REQUIREMENTS
- We respect the intellectual property rights of all parties, and have adopted a policy regarding termination of repeat copyright infringers under the Digital Millennium Copyright Act. Copies of Our Repeat Infringer Policy are available on request to Our Members.
- Our DMCA Notice and Takedown Policy is available here.
REPORTING ABUSE AND ILLEGAL CONTENT
- The use of any non-consensual content or content that violates the acceptable guidelines for content defined by the card association is strictly prohibited. Such content may include revenge porn, sexually based abuse, non-consensual porn, etc. If you have first-hand knowledge of illegal content, or have fallen victim to non-consensual pornography, please contact us immediately via our toll-free number or send an email to our customer service department. Reporting users or content will remain completely confidential. To initiate the content review process, please include all relevant URL links where the content was viewed, as well as any other information you feel would aid our process. All content removal requests submitted are reviewed, addressed, and removed as fast as possible.
NO AGENCY RELATIONSHIP:
- Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.
- Notice. Any notice required to be given under this Agreement may be provided by email to a functioning email address of the party to be noticed, by a general posting on the Site, or personal delivery by commercial carrier such as Federal Express or Airborne.
- When Notice is Effective. Notices shall be deemed effective upon delivery, except that notices delivered by overnight carrier (e.g., United States Express Mail or Federal Express) shall be deemed delivered on the business day following mailing and notices mailed by United States Mail, postage prepaid, registered or certified with return receipt requested, shall be deemed delivered five (5) days after mailing.
- Publisher shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; criminal acts of employees or contractors, hacking, data breach, SPAM, or any failure of a computer, server or software.
- Governing Law. This User Agreement and all matters arising out of, or otherwise relating to, this User Agreement shall be governed by the laws of California, excluding its conflict of law provisions, and venue shall be in the state or federal courts located in San Joaquin County, California appropriate. The parties hereby consent to the personal jurisdiction of such courts.
- RIGHT TO INJUNCTIVE RELIEF. Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party's breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
- NO WAIVER. No waiver or action made by the Publisher shall be deemed a waiver of any subsequent default of the same provision of this Agreement.
- HEADINGS. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
- COMPLETE AGREEMENT. This Agreement constitutes the entire agreement between the parties with respect to Your access and use of the Site and the Materials contained therein, and Your Membership with the Site, and supersede and replace all prior understandings or agreements, written or oral, regarding such subject matter.
- Attorney's Fees. In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce any of the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney's fees and costs incurred in connection therewith, including attorney's fees incurred on appeal.
- Assignment. The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be.
- Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this User Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of this User Agreement will continue in full force and effect.
- Any and all questions regarding these Terms and Conditions should be submitted to Customer Service.
- California Consumer Rights. Residents of California are entitled to the following specific consumer rights information: You may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.
Special State Terms. The following provisions are added to these terms for subscribers living in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin:
- You, the buyer, may cancel this agreement, without penalty or obligation, at any time before midnight of the third business day after the original date of this contract, excluding Sundays and holidays. To cancel this agreement, email a signed and dated notice which states that You, the buyer, are cancelling this agreement, or words of similar effect. This notice must be sent to firstname.lastname@example.org , with the subject “Section 34 Cancellations.” Please include Your username and email address in any correspondence or Your refund may be delayed. If You cancel, We will return, within ten (10) days of the date on which You give notice of cancellation, any payments You have made. If You send or deliver the notice to cancel Your subscription agreement within the three-day period, We will refund the full amount of Your subscription.
- If You die before the end of your subscription period, Your estate will be entitled to a refund of that portion of any payment You made for Your subscription that is allocable to the period after Your death. If You become disabled (such that You are unable to use the services of the site) before the end of Your subscription period, You will be entitled to a refund of that portion of any payment You made for Your subscription that is allocable to the period after Your disability by providing Us notice at the same email address listed above.