1. Conditions for Accessing Website or Using the Service
YOU ACCEPT AND CONSENT TO ENTERING THESE TERMS ELECTRONICALLY, AND TO STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM. YOU EXPRESSLY AUTHORIZE COMPANY TO COMMUNICATE WITH YOU ELECTRONICALLY REGARDING THE SERVICE, SERVICE UPDATES OR REGARDING INFORMATION PERTINANT TO YOUR SUBSCRIPTION.
You represent and warrant to Company that the jurisdiction from which you access the Website does not prohibit the receiving or viewing of sexually explicit content. You further affirm, represent and warrant that you are not offended by sexually explicit imagery or language, that you choose to be exposed to such explicit imagery and language herein, and if you encounter imagery in any Game you find offensive, you will immediately exit said Game.
2. Description of the Service
The Website allows users to access an assortment of xxx-themed games, which consist of animation characters in a variety of fantastic settings (the "Games") in an environment enhanced through user interaction with beautiful models ("Game Hosts") who serve to guide, assist and play along in the Games with users. The Service is strictly for entertainment purposes and is in no way a "dating" or "personals" site. Communications with Game Hosts are to enhance your enjoyment and entertainment experience.
The Website is for your personal use and you agree to not reproduce, copy, sell, resell or otherwise exploit any aspect or component of the Service for commercial purposes. Any illegal and/or unauthorized use of the Website is prohibited including but not limited to collecting usernames and e-mail addresses for sending unsolicited emails or unauthorized framing or linking to the foresaid Website is prohibited.
l activities that occur under this password and username. Your username will be publicly available and used in Games to publicly associate you with your account.
3. Communication and Conduct Rules
You acknowledge and agree that you are solely responsible for any communication or information you share through the Service. Company has no control over, and has no responsibility or liability, for any information you so share.
You agree that by sharing any information on the Service you waive any claim of privacy or privilege thereto and acknowledge said information has become public information.
You shall not communicate in an abusive, harassing, rude or threatening manner.
You shall not transmit any communication that infringes upon the intellectual property, privacy or publicity rights of any person, or that is defamatory, libelous, hateful or obscene.
You shall not take any action or transmit any computer code, file, software or program designed to harm, disrupt, destroy, replicate, interrupt or impede the functionality of, or monitor, any aspect or component of the Service, Games or other Website content.
You shall not attempt to decompile, reverse engineer, dissemble or hack any of the Games or other aspect of the Website or defeat or overcome any encryption technologies employed by the Service or any Game.
You shall not use the Service for any unlawful or fraudulent purpose, including but not limited to cheating or assisting in cheating in any Game or disrupt the operation or control access to of any Game.
The Company reserves the right to terminate any user whom we determine, in our sole discretion, to have violated this provision, or any other provision, of this Agreement. We also reserve the right to limit the number of communications by a given user, or to block a given user from contacting certain Game Hosts. Blocking can also be done by Game Hosts themselves, in their sole discretion.
4. Game Hosts
Game Hosts are independent contractors solely responsible for the information they communicate, subject to the same rules of conduct pertaining to their own communications. Game Hosts decide in their own discretion which user communication to answer or respond to. You acknowledge and agree that Company has no control over, or liability for, any information posted in a Game Host profile or for any communication made by a Game Host to you, and you release us from any and all claims and demands of any kind or nature whatsoever arising from or relating to any communication or interaction with you or any other user or person by a Game Host.
Tokens: Members can purchase account credits, referred to as "tokens." A member makes use of tokens to acquire private access to a Game Host and, if the member considers it appropriate, to gift the Game Host. Tokens enable the member to contact the Game Host according to the token rate set by the Game Host (and subject to the transaction fees detailed on the Website) for a period of thirty (30) days from date of token purchase.
Proxy Phone Numbers: We will assign a proxy phone number to the member, which is the phone number displayed to the Game Host. Similarly, the phone number shown for a Game Host to the member is also a proxy number.
Communication Methods: Each Game Host sets her own acceptable methods of communication (e.g., voice all, SMS or MMS), as well as sets the taken rate applicable to each type of communication. Each Game Host's profile page will display the communication methods offered and the corresponding token rates.
5. Intellectual Property
The Games and other content offered on the Website (with the exception of any user and Game Host communications), including but not limited to the text, software, scripts, graphics, music, videos, photos, sounds, interactive features and trademarks, service marks and logos contained therein, are owned by and/or licensed to the Website, subject to copyright and other intellectual property rights under the Copyright Act of the United States and other intellectual property laws and international conventions. The Website, Games and other content herein are provided to you AS IS for your personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. You have a revocable, non-transferable license to make use of the Service, including the Games, for the limited purposes defined herein. We reserve all rights in and to the Website and the content not expressly granted to you.
6. Copyright/ DMCA Agent
If you have a good faith belief that your copyright is being infringed by any content accessible on or through the Website, please send a notice of claimed infringement, including all of the information listed below, via email to our Designated Copyright Agent at: [firstname.lastname@example.org]
To be effective, the notice of claimed infringement must include the following required contents:
Please note that information provided in this legal notice may be forwarded to the person who provided the allegedly infringing Game or other content.
7. Member Subscriptions, Purchases and Fees
Upon subscribing to the Service, you authorize the Company or its authorized payment processing agent (as indicated on the "join page") to charge your credit card or other approved payment mechanism according to the then-current billing terms and rate stated herein.
AUTOMATIC RECURRING BILLING: Monthly rates for your subscription will be automatically renewed at the rate specified on the Website JOIN page and your credit card or other approved payment mechanism will be charged at the then-current recurring rate unless your notify the Company that you are cancelling your subscription prior to the end of the then-current billing period. You are responsible for any charges incurred by you up to and until the date of cancellation or termination of your membership in the Service.
PRE-AUTHORIZATIONS/ PREPAID GIFT OR DEBIT CARDS: Members who pay for their subscriptions via credit card may be subject to a "pre-authorization." The pre-authorization is not a charge to the credit card, rather then then-applicable monthly subscription rate may be reserved against the cardholder's available card limit. For members using prepaid gift cards or debit cards which cannot be pre-authorized for the applicable full monthly rate may be charged incrementally; meaning that multiple charges for less than the full amount may occur within the same monthly cycle but in no event will the aggregate of any incremental monthly charges exceed the applicable full monthly rate.
You acknowledge that we reserve the right to charge for service and to change our fees from time to time in our sole discretion effective upon the posting of such amounts on the Website. Furthermore, in the event that we terminate your account due to violation of this Agreement, you shall not be entitled to the refund of any unused credit or tokens or any paid subscription fees or other charges incurred by you up to the date of termination.
You hereby further authorize the Company or its payment processing agent to charge your credit card or other approved payment mechanism for any and all purchases of products or services made by you at or through the Service. You agree not to report as stolen or lost any card which you have used in conjunction with such purchases absent your good faith belief in same. You further agree not to report as unauthorized any charge for goods or services purchased by you at or through the Service. You hereby agree that any such false reporting of a lost or stolen card or unauthorized charges causes severe business and economic harm to the Company and shall render you liable to the Company for liquidated damages in the amount of $2500.00, representing a good faith effort of the parties to approximate actual losses to the Company acknowledging that calculation of actual damages is inherently difficult and imprecise. You must timely inform Company or its authorized payment processing agent of any breaches of security regarding your membership account, actual lost or stolen card or change of address or other contact information pertaining to your payment facility. The Company is not responsible for bank charges, fees or penalties due to overdrawn or delinquent accounts and you remain liable for any charges arising from any unauthorized use of your account..
8. Disclaimer of Warranties
YOU USE THE WEBSITE AT YOUR SOLE RISK. WE PROVIDE THE WEBSITE "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE, ITS SITE OPERATOR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITE AND GOODS OR SERVICE PURCHASED AND OBTAINED THROUGH THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITE.
WE MAKE NO WARRANTY OR REPRESENTATION ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE OR THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR OUR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR OUR SERVICE. THE WEBSITE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY GAMES, PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR OUR SERVICE OR ANY HYPERLINKED SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND, THE WEBSITE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
9. Limitation of Liability
TO THE FULL EXTENT ALLOWED BY LAW, WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF THE FOLLOWING:
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, EXPECTATION, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER FINANCIAL LOSS) IN ASSOCIATION WITH ANY CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THIS AGREEMENT, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.
SOME JURISDICTIONS MAY NOT PERMIT CERTAIN LIABILITY LIMITATIONS. IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
YOU RELEASE US FROM ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, THAT ARE DESCRIBED IN THIS SECTION ON LIABILITY LIMITATIONS. YOU ALSO WAIVE CALIFORNIA CIVIL CODE §1542 WHICH SAYS:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." .
YOU ALSO WAIVE ANY AND ALL BENEFITS AND RIGHTS THAT WOULD OTHERWISE ACCRUE TO YOU BY REASON OF THE PROVISIONS OF ANY FEDERAL OR STATE STATUTE OR PRINCIPLE OF COMMON LAW OF ANY STATE OF THE UNITED STATES, OR ANY POLITICAL ENTITY OR NATION, PROVINCE OR LOCAL LAW OR REGULATION THAT MAY GOVERN THIS RELEASE, WHICH STATUTE, REGULATION, LAW OR PRINCIPLE PROVIDES IN SUBSTANCE SOMETHING SIMILAR TO CALIFORNIA CIVIL CODE § 1542. YOU AGREE NOT TO FILE ANY ACTION OR LAWSUIT INCONSISTENT WITH THE FOREGOING RELEASE.
10. Dispute Resolution
Any and al disputes arising under or relating to this Agreement and/or your use if the Website or Service shall be first submitted to non-binding mediation with each party having the option to participate in the mediation via telephone or skype or other acceptable audio or a/v platform. The mediator shall be a retired judge or attorney having experience in alternate dispute resolution. If the parties cannot agree upon a mediator either party may petition a court of competent jurisdiction for appointment of a mediator. This Agreement shall be governed by the substantive laws of the State of Delaware for contracts made and wholly performed in such State. Any claim by you that may arise in connection with this Agreement, if compensable, shall be by monetary damages and you will in no event be entitled to injunctive or other equitable relief.
11. Limitation on Time to File Claims
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You agree to defend, indemnify and hold harmless the Company, its members, officers, managers, employees, agents and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by it without restriction.
13. Waiver and Severability
No waiver by us of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. All waivers hereunder must be made in writing and signed by the waiving party.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.
No party, nor any of the parties' respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.
Except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries. For the purposes hereof, the Company's members, officers, managers, representatives, subsidiaries, affiliates, parents, employees, licensors and agents are intended third-party beneficiaries.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
We may terminate this Agreement for any or no reason at any time by notifying you through a notice on the Website, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder and, if termination is due to your breach of this Agreement, termination may be without refund of any subscription monies, credits, tokens or other charges incurred by you.