THIS AGREEMENT WAS LAST UPDATED ON January 10, 2020
THESE TERMS AND CONDITIONS OF USE (“AGREEMENT”) DEFINES THE RELATIONSHIP BETWEEN OUR APP, (“App”) OR ANY RELATED SERVICE THROUGH OUR PLATFORM (“SERVICE”), AND YOU, THE PERSON VIEWING, INTERACTING, OR REGISTERING WITH OUR APP. YOUR USE OF THIS APP AND THE SERVICES IS CONTINGENT UPON YOUR ELIGIBILITY, WHICH MEANS YOU MUST BE AT LEAST EIGHTEEN YEARS OLD AND NOT FROM A COUNTRY WHERE VIEWING ADULT CONTENT IS PROHIBITED. THESE TERMS FORMA BINDING CONTRACT BETWEEN THE TWO PARTIES.
YOU UNDERSTAND AND AGREE TO THE FOLLOWING STATEMENT:
YOU MUST BE AT LEAST 18 YEARS OF AGE TO ENTER INTO THIS AGREEMENT. ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU WILL NOT ACCESS OR ATTEMPT TO ACCESS THE APP IN ANY WAY THAT IS NOT EXPRESSLY AUTHORIZED BY THIS AGREEMENT. WE DO NOT OPERATE A MATCHING OR DATING SERVICE. WE DO NOT VERIFY USERS OF THE APP OR REQUEST THAT THEY PRODUCE IDENTIFICATION TO PROVE WHO THEY SAY THEY ARE. USE OF THIS APP IS AT YOUR OWN RISK IN ACCORDANCE WITH THE TERMS SET OUT BELOW.
THE SERVICE
The Service is designed solely for entertainment purposes and designed for use by like minded adults to exchange media, emails not for any other purpose. All profiles uploaded by users are provided for the amusement and entertainment of other members.
We do not verify our users or ask them to produce identification to prove who they are, therefore you accept that:
The Service may contain fictitious persons or members who may not represent a real person or persons and/or members who may have expired or no longer exist. Any similarity between members descriptions and any person is purely coincidental. We do not guarantee communication from any member by any means and it is your sole responsibility to use your judgment when contacting others via the Service.
1. RESTRICTIONS
In order to visit, view, interact with, or become a member of this App you must be of legal age (or at least 18 years of age). Legal age is intended to have the meaning of the age of majority in your state or country that would allow you, if not otherwise prohibited by law, to view or interact this App and enter into this binding Agreement. For further clarity the App and related service(s) are not available anywhere that is either on the U.S, U.K, Canadian or Australian embargo list or that we deem to be unavailable at any time without notice or liability. Those who do not meet this criteria must leave immediately and inform of us your noncompliance so that we may keep a record of it. You may not access this App if you have ever been charged with or convicted of any violent crime or crime that is sexual in nature (please note we do not screen for or ask for this information).
2. RULES OF CONDUCT
WE HAVE A ZERO TOLERANCE FOR ANYONE THAT UPLOADS OBJECTIONABLE CONTENT AND/OR ABUSE OTHER USERS OR STAFF. WE WILL REMOVE ANY USER FOUND BREACHING THIS TERM WITHIN 24 HOURS AS REQUIRED BY APPLE.
When using, accessing, visiting, viewing, or interacting with any profile, you agree that:
You will not use the app or the any part of the platform to engage in any illegal conduct, allude to or request any illegal conduct;
You will not harass and/or stalk any member or behave in lewd conduct.
You will not post any false, misleading, unlawful, defamatory, untruthful, inaccurate, obscene, invasive, threatening, harassing, inflammatory, or fraudulent content or information;
You will not Impersonate any person, entity, or company;
You will not use our app to send “spam”, texts, phone calls, or other unsolicited commercial or non-commercial material to any of our other members;
You will not hack, crack, phish, SQL inject, install any code that is malicious or manipulates the app in any way, or otherwise compromise the security, safety, or privacy of our app or our network, servers, member accounts, mobile numbers or access to the numbers, or the computers of our users;
You will not engage or solicit any members to buy or sell products or services unless expressly authorized by the App;
You will not share your username and password with anyone or post any username or password on any App or socail media;
You will not run any script or other program which is designed to search, index, or aggregate the User Content or other information on our App, unless we have given you our express written consent to do so, which we may revoke at any time;
You will not post any content that depicts incest, warez, scatological content, feces, urination, genital mutilation, underage teenage modeling, death, bestiality, obscenity, or anything that we find objectionable. What is considered “objectionable” is up to the App moderators and follows Apples regulations.
In addition to the above you will report any images, real or simulated, that appear to depict minors or acts of violence on our App or related Service. If you see any images or other depictions that are questionable, you agree to report these images by notifying support immediately.
Except where expressly permitted by law, you may not translate, reverse-engineer, decompile, disassemble, or make derivative works from any part of our App or any of the Content available on our App or Service. If you do not adhere to this provision of this Agreement, you hereby stipulate to and agree to pay liquidated damages of $10000 plus any and all fees associated with recovery of these damages, including legal fees and costs.
3. USER CONTENT
Our App offers content viewing capabilities intended for adults, which inevitably may contain material that you may think is “objectionable”. Some materials may be explicit and by viewing the app you accept this Agreement and consent to the transmission of any materials, whether explicit or not, to you via the App. Furthermore, this is a App built using Content, meaning what you see was created by the app or its members. We do not endorse, verify, or guarantee the accuracy of any Content or between any communications of our members on or off the App.
If you are given the ability to post Content, or interact with other members, you agree to do so in a truthful and tasteful manner. You are responsible for your conduct, and we expect you to behave accordingly and release us from any liability that may result from your use or misuse, or another’s use or misuse of the Content, App, or Service. We reserve the right to edit, monitor, review, or remove Content without notice, and at our sole discretion. Our failure to do so does not waive our right to pursue you or someone else for the same or similar actions.
Should you choose the option listed on our App to remove your profile, your profile may be removed from our databases at our discretion. Should you choose to remove your profile, parts of your profile may remain viewable by those members who have contacted you or been contacted by you via the Service's internal email or instant messaging systems. We may also retain copies of your information for our own protection and as required by law.
By accepting this agreement you agree and acknowledge that you must comply with any and all provisions of 18 U.S.C. 2257, and that our App is a platform to display content and is not required to keep records under 18 U.S.C. 2257. You agree to abide by any record keeping requirements of 2257, and to furnish any documents to verify any requested identities under 2257 to us if demanded
4. SYSTEM GENERATED STAFF TEST PROFILES
The following profiles are intended solely for the use in testing the APP functionality. We request that you do NOT attempt to engage with the following profiles and we reserve the right to remove or update their profiles from time to time. System Profiles are user for testing the functionality on behalf of the App and its users.
DS4444 - USA
DS4345 - Canada
DS4566 - UK
DS9867 - Australia
DS3434 - South Africa
5. REGISTRATION; FEES; BILLING
Some sections of our App may require you to become a member in order to view them or have access to specific functions of the App. In registering for an account for yourself, or for another that you have legal authorization to register on their behalf, you agree that you will provide accurate and truthful information and continue to provide accurate and truthful information.
Some parts of the App or Service may also require you to pay a fee. While the basic membership does not require a fee, you may be limited in how you can interact with the App or the other members of our App. You agree you will not do anything as a free member that you are not allowed to do, which means circumventing any parts of our App, attempting to contact members in a way that would be deceitful or in a manner that is intended to circumvent paying the fee. Paid members will be billed at the applicable rate they subscribed to, and agree to have the charge deducted from their app store account every charging period in accordance with this Agreement.
We reserve the right to terminate your account at any time. This includes but is not limited to, our belief that you have shared or assigned your account to any other person or third party. You are not authorized to share your account with anyone else, and if we discover that you have we reserve the right to bill you, and those whom were sharing your account, for the number of people you have shared your account with.
We reserve the right to terminate your account and delete all of your information at any time if your account is past due.
6. INTELLECTUAL PROPERTY
Content that you provide is done so with the agreement you are providing to the App an irrevocable, worldwide, sublicensable, and perpetual license to use the Content you provide, in any way it deems necessary. We may modify, transmit, arrange, create derivatives of, and translate any of your Content, without compensation to you, at any time. However, you must only provide Content that you have the rights to. In addition to this, you promise that any photo you upload will be of you, and you must be at least 18 years old in the photograph. If you do not, please do not provide it.
We do not allow copyright infringement to occur on our App. As such, we are registered in accordance with the Digital Millennium Copyright Act (“DMCA”) to receive notices of infringement. To send us a DMCA takedown notice, please contact us via the support link at the bottom of any page.
The DMCA notice should identify the name of the copyright owner and, if applicable, your name if you are someone other than the owner, the title (and preferably URL, if Internet-based) of the work being infringed, the location of the infringing material on our App, and the following statement:
I have a good faith belief that use of the copyrighted materials described above, as allegedly infringing is not authorized by the copyright owner, its agent, or the law. The information in this notification is accurate and I swear, under penalty of perjury, that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You must sign the notice, and if you send it by e-mail, an electronic signature is acceptable.
In addition to the above, all marks or materials of the App, or the Service, are the property of the App and its subsidiaries or affiliates. You may not use or copy any portion of this App, its look and feel, including this Agreement, without our express written permission. Any intellectual property rights of others that are located on the App are the property of their applicable owners and are protected by the intellectual property laws of their jurisdiction of domicile.
7.. CHARGEBACKS.
We will defend any unlawful attempt to chargeback a transaction where you have clearly used the service. You agree to cover all legal fees and our costs if we have to produce evidence in the form of, but not limited to ‘photos, log files, chat transcripts, login times’.
8. INDEMNIFICATION
Use of the App may expose you and others to liability whether or not you knew, had notice of, or actually interacted with the App in any way. You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you or us. You shall cooperate as fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
9. CANCELLATION PROCEDURE AND REFUND POLICY
Cancellation of your paid membership may be requested through the billing company that you used to purchase a membership from. All holders of paid memberships, are advised to cancel their membership at least 48 hours before their renewal date to allow time for cancellation processing. You accept that when you cancel your membership to the Service you will retain any time left under your current membership, but that after that time, you will revert to free access account. Upgraded accounts must stay on our system for a minimum of 6 months and we will have no liability to you for the loss of any Content. Refunds are assessed on a case by case basis and we ask you to contact support should you request a refund. Please note we can only request a refund from the payment provider it’s at their discretion.
10.. LIMITATION OF LIABILITY AND WARRANTY
THE APP IS A PASSIVE APP, AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IT IS ALSO NOT REQUIRED TO PERFORM BACKGROUND CHECKS ON MEMBERS. WE DO NOT ENDORSE OR APPROVE ANY MEMBER, OR VERIFY THEIR AGE, GENDER, OR THEIR RELIABILITY. YOU MUST NOT RELY ON ANY STATEMENT BY ANY MEMBER AS BEING COMPLETELY TRUTHFUL, AND YOU NEED TO INDEPENDENTLY VERIFY ALL STATEMENTS MADE. THE USE OF THE APP IS AT YOUR OWN RISK, AND WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED WE EXPRESSLY DISCLAIM ALL LIABILITY ASSOCIATED WITH, AND DO NOT REPRESENT OR WARRANT THAT: ANY ADVERTISEMENT OR INFORMATION ABOUT A USER OR MEMBER IS TRUE OR ACCURATE, THAT ANY INTERACTIONS BETWEEN MEMBERS WILL BE SAFE, CONFIDENTIAL, OR SECURE, THAT ANY PART OF THE APP WILL MEET YOUR EXPECATIONS, OR THAT THE APP WILL ALWAYS BE AVAILABLE.
WE CANNOT GUARANTEE THE APP WILL MEET YOUR EXPECTATIONS OR THAT YOU WILL BE SAFE. WE DISCLAIM ALL LIABILITY TO YOU, AND ANY THIRD PARTY AFFECTED BY YOUR USE OF THE App OR SERVICE, INCLUDING ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES. IF ANY JURISDICTION DOES NOT PERMIT THE LIMITATION OF REMEDIES OR WARRANTIES OUR LIABILITY IN THOSE JURISDICTIONS WILL NOT EXCEED ANY FEES PAID DIRECTLY TO THE App BY YOU DURING THE PREVIOUS TWELVE MONTHS. WE MAY TERMINATE YOUR ACCOUNT AT ANY TIME, WITHOUT NOTICE OR COMPENSATION TO YOU.
11. DISPUTE RESOLUTION
You agree that the provisions of this Agreement, and any breaches of it, are deemed to occur in the United Kingdom. The laws which apply to this Agreement are those applicable in the United Kingdom. The prevailing party in any dispute, whether resolved via litigation, arbitration, or negotiations, shall be entitled to its reasonable attorneys’ fees and costs. No delay in enforcing our rights, or decision not to enforce our rights in a particular case, shall be indicative of our waiver of our right to enforce that right or any other right in the future.
The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded and therefore this Agreement as well as any actions or disputes that may arise because of it or the App will not be governed by it. You also agree that any data or information that is collected is deemed to have been done within the United Kingdom and therefore any laws regarding privacy, the collection of or transfer of data is to be governed solely by that jurisdiction.
Certain external events beyond our control may arise which affect our ability to perform our contractual obligations through no fault of our own. Any event which interferes with our ability to perform our obligations will relieve us of this Agreement to the extent that it would be impossible or create a hardship, including loss of profit, for us to comply with the Agreement.
12. MODIFICATIONS AND ASSIGNMENTS
We may modify this Agreement from time to time and it is up to you to review the changes. You agree, through your continued use of the App, to all of the modifications made to this Agreement. To the degree any modification would be material, we will attempt to notify you first of such change but you will still be bound by such modifications. Your only recourse if you do not agree to the modifications is to stop using our App. In addition, we reserve the right to transfer or assign this Agreement in the event we are bought, sold, purchased, or acquired. You may not assign or transfer this Agreement to any third party without our express written permission.
13. MISCELLANEOUS
Invalid or unenforceable provisions will not affect the rest of this Agreement, and the remainder shall stay in full force as if the provision in question has been removed. the App reserves the right to terminate, suspend, and blacklist any IP block from using or viewing any part of the App, as well as the deactivation of any account of any member without notice or liability, and in its sole discretion, for any reason. Once terminated, you will cease interacting with any member of the App and will not attempt to circumvent any part of our App or use any other members account to access the App.
THE APP WILL COMMUNICATE WITH YOU BY EMAIL OR BY POSTING NOTICES ON THE App. BY AGREEING TO THESE TERMS YOU CONSENT TO RECEIVING SUCH COMMUNICATIONS, INCLUDING SEXUALLY ORIENTED MATERIALS, AND THAT THEY WILL SATISFY ANY LEGAL REQUIREMENTS IN YOUR JURISDICTION THAT REQUIRE A “WRITING”. ANY COMPLAINTS ABOUT OUR SERVICE OR MEMBERS SHOULD UTILIZE OUR FAQ SECTION VIA THE SUPPORT LINK
COPYRIGHT 2020. ALL RIGHTS RESERVED.
PRIVACY
To better protect your privacy we provide this notice our comitment to online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested. We have included contact details within this notice should you have questions regarding this privacy statement.
Information Collection and Use
This Site (hereafter known as the "site") will not share this information other than defined in this statement. We collect information from our members at several different points on our website such as the registration form and via the members profiles. This information is stored in a secured database within Canada for use only as defined within this statement.
We reserve the right to share or use the information we collect for internal purposes and to specially selected companies. You have the option to opt-out of such information being shared by notifying us via the support section of the site detailed below or by blocking your account within the My Profile section of the web site.
Registration & Profile Creation
In order to use this website and become a member, a user must first complete the registration form and/or login to the website. During registration a user is required to give their contact information such as your name, e-mail address, age, gender, zip code, city state and other information such as and hobbies and interestes in order to complete the membership process and use the site..
This information may be used to contact you about your membership, to send email notifications, or to contact you about services on the site. You have the choice of choosing how receive such messages and to which email address these emails are sent. It is optional for the user to provide further membership information (such as sexual likes ans dislikes), but encouraged so we can provide a more personalized experience on our site.
Members have the option of uploading to the site photographs and/or videos for use in their public profiles. These files are stored and linked to the members profile and form an integral part of the members information you submit and are subject to the same privacy rules as text and other information submitted by the member.
Persons under age
Individuals under the age of 18 should not access this site. If we discover that a minor has joined the site or is viewing the site, we reserve the right to block access to the best of our ability using technology reasonably available.
Membership purchase
When purchasing a upgraded membership, a third party also gathers personal information in order to validate the member's account information. That data is gathered by the billing company under secure servers and is not shared by anyone other than the credit company.
Please note that this information is solely used for validation and no mail will be sent to the postal address provided. The billing company will send us a receipt of purchase once the transaction is approved. You may also receive a recipt from the billing company confirming your purchase..
Cookies
A cookie is a piece of data stored on the user's hard drive containing information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. We use both session ID cookies and persistent cookies. For the session ID cookie, once the user closes their browser, the cookie simply terminates. A persistent cookie is a small text file stored on the user's hard drive for an extended period of time.
For instance, by setting a cookie on our site, the user would not have to log in a password more than once, thereby saving time while on our site. Cookies are placed on the registration and login page. If a user rejects the cookie, the site access may be limited. Cookies can also enable us to track and target the interests of our members to enhance the experience on our site.
The billing copmpanies mentioned above may also use cookies, however, we have no access to or control over these cookies.
Log Files
We use IP addresses to analyze trends, administer the site, monitor fraud and gather broad demographic information for aggregate use.
IP addresses are not linked to personally identifiable information.
Sharing
We may share aggregated demographic information with our partners, billing companies and advertisers. This is not linked to any personal information that can identify any individual person. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.
Legal disclaimer
We will disclose personal information about our members if and when is required by law enforcement or to comply with a current judicial proceeding, a court order or legal process served upon us..
Links
Please keep in mind that whenever you voluntarily disclose personal information online - for example on message boards, through e-mail, or in chat areas - that information can be collected and used by others. By posting personal information online that is publicly accessible, you may receive unsolicited messages from other parties in return. We do not disclose any of our members' personal information to other members or on the public areas of the site.
Security
We take every precaution to protect our members' information. When members submit sensitive information via the website, your information is protected both on and off-line.
While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line. All membership information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Our employees must use password-protected screen-savers when they leave their desk. When they return, they must re-enter their password to re-gain access to your information. Furthermore, ALL employees are kept up-to-date on our security and privacy practices. Every quarter, as well as any time new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our customers' information is protected. Finally, the servers that we store personally identifiable information on are kept in a secure environment, behind a locked cage. Please contact support below if you have any other question regarding security issues.
Keeping Personal Information up to date:
If a members personally identifiable information changes (such as their email address), or if a user no longer desires to be member of the site we provide a way to correct, update or deactivate members' personally identifiable information. This can usually be done on the member's profile web page by editing their profile and submitting their request. All data is then updated in our system.
In order to cancel an upgraded membership members should submit a request to the billing company that handled the transaction in the first instance. Alternatively, members should contact support below to request cancellation of their upgraded account, Should a member wish to remove the account entirely, a link is provided on the profile page to do this after confirmation.
Marketing choices & Email Notifications
Our members are given the opportunity to 'opt-out' of having their information used for purposes not directly related to our site during registration. If they wish not to receive email or newsletters they can opt-out within the email options web page in the my profile section of the members area and also by notifying support.
You may also opt-out of site notifications such as email and whisper alerts simply by choosing the relevant option within the email options web page of the members area. There is also an unsubscribe link sent in every notification with a direct link to the page that allows you to choose your email notification preferences.
Notification of Changes
If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify members by way this page. members will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.
We will post changes to this privacy statement, the homepage and other places we deem appropriate so that you are aware of what information we collect, how we use it and under what circumstances, if any, we disclose it. It will be the members responsibility to check this page from time to time for updates.
Contact Information
Should you wish to contact us about the information in this statement or have any concerns, please contact us via the support link at the bottom fo the site.