TERMS OF USE

May 11, 2023

TERMS OF USE

References to “we,” “our,” and similar words refer to the Company, while all references to “you” or “your” refer to anyone who accesses the Websites/Site or its service whether they are registered with us or not. This Terms of Use and our Privacy Policy dictate your access and use of the Site and our relationship. They constitute a legally binding agreement between us. Ensure that you have read and understood them before continuing to access the Site since your use of the Site constitutes acceptance to be bound by them.  Please discontinue use of the Site immediately in case you disagree with these Terms of Use and our Privacy Policy.  By using our Site, you represent and warrant that the laws of your jurisdiction do not prohibit your actions and use of our Site. Please be aware that the Site includes explicit content.

User Eligibility

To access the Site or become a Member, you must have attained 18 years or 21, if the legislation requires it, and agree to be bound by these Terms and our Privacy Policy. Members should additionally have the capacity to submit any content they submit on the Site, and such content should not violate any laws, rules, and regulations.

The Site Services

There is a limit of one Free Member account per person. However, you are permitted to create numerous Paid Member accounts. Online social networking helps our Members connect with old and new friends with common interests. Membership allows you to create a profile where other Members can communicate with you.  In addition to the profiles, Members can also communicate through other services on the Site, such as forums, stories, and group messages.

Some services may require more terms, we shall inform you of the same, and you have an option of either accepting or rejecting them; where you reject the said terms, you shall not be allowed to access the said services.  You may use the Privacy Controls to dictate who may view your content. Please note that we may impose certain restrictions on the use of the services, such as content that may be posted; you must obey these terms and any rules we may impose on the use of the services.  You are obligated to use the Site responsibly and per all applicable laws, rules, and regulations e.g., Fight Online Sex Trafficking Act (“FOSTA”). The Site shall be used for personal use only and shall not be used for commercial purposes unless otherwise stated.

You must not include personal information in your profile that may allow other Members to locate you. Profiles may not contain links to other websites. Members may upload personal Visual Content that is only viewable by other Members who have been granted access by the uploading Member. A gallery page hosts such content (the “Gallery”). The Gallery is meant to be a safe area where Members can upload and view personal Visual Content in a non-downloadable manner.

According to 18 U.S.C. 2256, this Site does not include sexually explicit photos. As a result, neither this Site nor the information included here is subject to the record-keeping requirements of 18 USC 2257(a)-(d) (c).

Membership

We have the discretion to refuse or accept your application for Membership. To become a Member of our Site, you must first register and create a Member Profile. As soon as your registration is authorized, you’ll need your username and password to access the Website and some services. Please note that we will conduct due diligence on the information you provide while creating the profile. You are solely responsible for your account’s use and security.

Our Membership constates of: Free, Paid, Unlimited, Charter, V.I.P., and Site visitors. To become a Free Member, complete the registration form. Our Services are limited to Free Members. After successful registration, you may become a Paid Member by sending payment to us. Paid Members have access to content on our Site that Free Members do not. Unlimited Member accounts do not require account renewals or additional payments beyond the first account setup fee. Unlimited Members have access to our Site until the Site is unavailable or their account is terminated. Charter Members are those that were part of the original group of Members on our Site. Charter Members have the same rights and duties and are treated as Unlimited Members.

You can apply to become a V.I.P. Member. As a V.I.P. Member, you may submit information about upcoming events for inclusion on the Site. V.I.P. Members are either Free or Paid Members. Site Visitors are non-Members who have limited access to our Site’s services. Membership Fees are nonrefundable and nontransferable.

Content (Visual and Textual)

You grant us only those limited rights necessary to help you in publishing visual content using our services and to enhance the experience that Members have while using our Site. You or any other party will not be compensated for our use of your visual content under this license. We may make alterations to your visual content to comply with our Site’s requirements. Under your intellectual property rights, you grant us an irrevocable, perpetual, non-exclusive right to use, copy, modify, adapt, display, perform and distribute your textual content (textual content license). If we exercise any of the rights herein under the textual content license, we may grant attribution. Profile information, party information, forum postings, correspondence between Members, story submissions, chat room statements, and feedback regarding our Site shall constitute textual content, whereas visual content shall mean photographs, visual depictions, and videos uploaded or otherwise made available on our Site.

We explicitly disclaim all Visual Content ownership. You can ask us to delete the visual content you post on our Site, and we will do so promptly. Your rights to the visual content you provide us, other Members, and Site Visitors expire when you remove it from our Site. The textual content license lasts forever.

As per the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”), please promptly inform us of any alleged Copyright Infringement on the Site, and we shall look into it.

We may utilize any content on the Website, such as your profile, for business purposes, such as advertising. unless otherwise restricted by you through our Privacy Controls

Third-Party Links

The Website may include third-party links. Please note that we are not responsible for any third-party websites or materials.

Indemnity

You shall defend and indemnify us and any person who may claim through us for any loss, damages, rights, claims, and actions resulting from your use of the Website.

Liability

Your use of the Site entails no liability on our part. The Site and services are available. “As is”. We disclaim any express and implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement. If we are held liable to you, our entire liability to you shall not exceed the amount paid by you under this agreement.

No professional, legal or financial advice is given, or fiduciary obligations are assumed in any way on the Site.

Intellectual property

All ideas, concepts, discoveries, technologies, patents, copyrights, or trademarks (intellectual property) that belong to us are our sole property.

Assignment

You shall not transfer or assign this agreement, but we may transfer or assign this agreement or subcontract its obligations hereunder at any time.

Privacy Policy

Please see our Privacy Policy on which information we collect, how we collect, secure, and share the information. Our Privacy Policy is incorporated herein; please note that it does not cover information that you reveal to other Members.

Dispute resolution

We advise that any disputes between Members should be resolved through diplomatic means; we are, however, not responsible for resolving such disputes.

Disputes under this agreement between us shall be settled through final and binding Arbitration excluding equitable relief claims.  No claim may be arbitrated as a class action. A JAMS-administered arbitration will take place in Florida, or at the request of the seeking party, online, via telephone, or by written submissions alone. Any court possessing jurisdiction may enter judgment on the arbitrator’s award(s). Injunctive relief may be sought immediately by any party from any court of competent jurisdiction, and such a request is not incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties agree to keep all arbitration awards confidential, as well as all confidential information, materials created for the purposes of the Arbitration, and other documents produced by the other party in the proceedings, except where disclosure is required by law, to protect or pursue a legal right, or to enforce or challenge an award in court. It is not permitted for an arbitrator or judge to consolidate or preside over a representative or class proceeding unless all parties agree.

Termination

This agreement may be terminated by either you or us through discontinued use of the Website or deletion of your account with us.  We may terminate this agreement or restrict your use at our discretion and without notice. Any Clauses intended by the Parties or this agreement to survive the termination of this agreement shall survive the termination of this agreement by whatever cause.

Changes to the agreement

We have the right to change these terms at any time and without warning or make additional rules to these terms. As a result, you must stay informed about such changes or additions since if you continue to use the Website, you will be bound by them.

Severability

The provisions of this agreement are severable. If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision.

No waiver

Failure by us to enforce any of the terms or conditions of this agreement shall not be a waiver of our right to enforce the terms and conditions of this agreement.

Headings

The article and section headings in this agreement are for convenience; they form in no part of this agreement and shall not affect its interpretation.

Entire agreement

This agreement constitutes the entire agreement between us. It supersedes all prior oral or written agreements or understandings between us concerning the subject matter of this agreement. If these Terms disagree with any rules we put on our Site, these Terms shall prevail, but if they disagree with To our Privacy Policy, the Privacy Policy shall prevail.

Governing law and jurisdiction

This agreement shall be governed in all respects by the Laws of  Florida and its Courts without regard to its conflicts of law provisions.

Contacts

Please let us hear from you. Do you have any questions, complaints, or compliments? Please reach us through the contacts below. We shall process your request within seven business days.

_____________________________________________________________________________________

At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, The LegalPen will be able to prepare the legal document within the shortest time possible. You can send us your quick enquiry ( here )