Terms of Use
Last Updated: November 5, 2024
Cybernet Entertainment, LLC, a New York limited liability company (the “Company” or “we”) located at 1750 Folsom Street, San Francisco, California 94103, welcomes You to kinkyclips.com and all affiliated websites and mobile versions (the “Website”). The Website is a social media platform and application service that allows content creators (“Creator(s)”) to upload photos and videos to their profile and set prices for access to that content (“Content”) and that allows fans (“Fan(s)”) to pay to access that Content. The term “You” or “User” refers to all users of the Website.
If and when You use the Website, it’s important You understand Your legal rights and obligations. Please read this agreement (the “Agreement” or “Terms”), which governs Your use of the Website, including any Content, functionality, and services offered on or through the Website. Your access to the Website is conditioned upon Your complying with the terms of this agreement. Please pay special attention to the following sections:
- Do’s and Don’ts for You when using the Website (sections 7, 10, and 11);
- Your release of liability against the Company (section 25)
- Limits on the amount of money You can receive if You sue us (sections 26 and 27);
- Where and how disputes will be resolved through mediation first, then arbitration if mediation is not successful (section 29);
- Waiver of class action rights (section 29); and
- Time limits on when a dispute can be filed (section 29).
We may change these Terms on one or more occasions. Changes will become effective on the “last updated” date stated at the top of this page. Changes will not apply to continuing disputes or to disputes arising out of (or relating to) events happening before the posted changes. While the Company will try to notify You when the Company changes these Terms, the Company does not assume an obligation to do so, and it is Your responsibility to frequently check this page to review the most current agreement. By continuing to use the Website after the Company posts changes to these Terms, You agree to the revised agreement. If You do not agree to the revised agreement, Your exclusive remedy is to stop accessing the Website.
By accessing the Website, including registering for an account and clicking to accept, You agree to read and abide by these Terms. You must not access the Website unless and until You have agreed to these Terms.
- No Minors. The Website contains adult oriented content and is not intended for minors. Only adults (1) who are at least 18-years old and (2) who have reached the age of majority where they live may access the Website. The Company forbids all persons who do not meet these age requirements from accessing the Website. By accessing the Website (or allowing access to Your devices where You access the Website), You are assuring us that You and anyone You allow access to Content on the Website are 18-years or older and/or the age of majority in the jurisdiction You are residing or accessing this Content.
- Content Warning. The Website provides access to Content posted by Creators that is adult-oriented in nature and likely to include fetish or bondage, dominance, submission, sadism, and masochism (“BDSM”). By accessing the Website, You may see graphic depictions, nudity, adult language, descriptions of explicit sexual activity (including heterosexual, bisexual, homosexual, transsexual situations of a sexual nature), and consensual bondage, sadism, masochism, and role play depicting power differences, violence, and shame/humiliation. Some Creators may simulate, depict, or consensually engage in actions that are violent or emotionally/physically painful. Some of this Content may be disturbing and activating to viewers. This Website specializes in fetish and kinky Content and You consent to see and access such Content.
- Parental Controls. Section 230(d) of United States Code Title 47 requires us to notify You of commercially available parental control protections (including computer hardware, software, or filtering services) that may help in limiting access to material that You may deem harmful to minors. You may find information about providers of these protections on the Internet by searching “parental control protection” or similar terms. If minors have access to Your computer, please restrain their access to sexually explicit material by using any of the following products: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.
- No Child Pornography. The Company prohibits pornographic Content involving minors. The Company only allows visual media of consenting adults for consenting adults on the Website. If You see any visual media, real or simulated, depicting minors engaged in sexual activity within the Website, please promptly report this to the Company at abuse@kinkyclips.com. Please include with Your report all appropriate evidence, including the date and time of identification. The Company will promptly investigate all reports and take appropriate action. The Company fully cooperates with any law-enforcement agency investigating child pornography.
- No Right to Access. By accessing any part of the Website, You agree to these Terms. We can block Your access and/or cancel Your account at any time with, or without reason. If You breach this agreement or behave in a fashion that upsets performers who produce Content for the Website, the Company may block Your access and cancel Your account. The Company does not need to tell You why we are blocking access.
- Eligibility Requirements: By accessing the Website, You agree:
- You are at least 18-years old, have reached the age of majority where You live, and You have the legal capacity to enter into this agreement;
- All information You provide to the Company is accurate, and You will promptly update this information when necessary to make sure that it remains accurate;
- You own the credit card You pay with and authorize the Company (or its authorized payment processing agent) to charge Your credit card for the Content You purchase;
- You are aware of the adult nature of the Content available on the Website, and You are not offended by Content of this nature;
- You are familiar with and abiding with Your jurisdiction’s laws affecting Your right to access adult oriented materials;
- You have the legal right to access adult oriented materials, and the Company has the legal right to transmit them to You;
- You are voluntarily requesting adult oriented materials for Your own private enjoyment; and
- You will not share these materials with a minor or otherwise make them available to a minor.
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Use of Content.
- Limited License to Content. The Company hereby grants You a nonexclusive, revocable, limited, non transferable, non sublicensable right to access and use the Website and its Content for Your personal and noncommercial use in accordance with this agreement. By “access,” the Company means visit the Website, use its services, and view the Content. If You purchase downloadable Content, You may also download the Content You purchase subject to whatever restrictions provided at the time You download the Content. “Content” includes graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and other materials found on the Website. No other rights are granted in the Content or Website.
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You agree NOT to:
- Resell, distribute, or use any Content for commercial purposes;
- Broadcast for public performance or public display of part of the Website or Content;
- Change, modify, or otherwise make any derivative uses of the Website and Content, or any part of the Website or the Content;
- Use of any data mining software, crawlers, robots, or similar data gathering or extraction methods on the Website or of Content;
- Download (other than web page caching) any part of the Website or Content (except as explicitly permitted by this agreement);
- Use the Website or Content other than for personal enjoyment; or
- Collude or agree with other users to buy, sell, or otherwise engage in activity that results in loss of revenue, time or reputation of the Company.
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Your Account
- Account Creation. You must complete the registration process by providing the Company with accurate information as prompted by the applicable registration form. You also will choose a password and a username.
- Responsibility for Account. You are responsible for maintaining the confidentiality of Your password and account. Further, You are responsible for all activities that occur under Your account. You will promptly notify the Company of any unauthorized use of Your account or any other breach of security.
- Liability for Account Misuse. The Company will not be liable for any loss that may incur as a result of someone else using Your password or account, either with or without Your knowledge. You could be held liable for losses incurred by the Company or another person due to someone else using Your account or password.
- Use of Other Accounts. You will not use anyone else’s account at any time.
- Account Security. The Company cares about the integrity and security of Your personal information and will take reasonable security measures to protect Your personal information from disclosure. The Company cannot control for bad actors and coordinated attacks or hacks of the Website may occur. You acknowledge that You provide Your personal information at Your own risk.
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Paid Services
- Premium Features. The Company allows You to access certain premium features or Content in exchange for a one-time or recurring fee, as applicable to the relevant features or Content. The paid services include Content purchases, Creator feed subscriptions, live shows, Creator or performer tipping, and other services that may be offered in the future.
- Virtual Wallet. The Company provides the option to add funds to a virtual wallet stored as ‘credits’ to be spent on premium services / subscriptions. You can purchase funds from $10 up to $200 per transaction.
- Payment. You must have a valid accepted form of payment on file in order to purchase paid services or participate in free trial offers or other free offers related to the paid services. You must abide by any relevant terms of service or other legal agreement, whether with the Company or a third party, that governs Your use of a given payment processing method. Prices for any paid service may change at any time, and the Company does not provide price protection or refunds in the event of a price reduction or promotional offering. When You submit payment through the Website, the Company will charge Your credit card or other form of payment for the price listed on the relevant paid service offer, along with any additional amounts relating to applicable taxes, bank fees, and currency fluctuations.
- Paid/Premium Subscriptions. If You purchase any automatically renewing subscriptions, You hereby authorize the Company to charge the payment method on file on the first day of each billing period for the relevant subscription. If the payment method on file becomes invalid for whatever reason and the Company is unable to charge You on the next billing period, Your access to paid services may be revoked immediately. If You fail to update Your payment method within a reasonable amount of time, the Company may cancel Your subscription. If You cancel a subscription, the Company will cancel Your subscription on the day the next billing period begins.
- Subscription Cancellations. If You purchase a subscription to a paid service that automatically renews, You may cancel the subscription any time before the end of the current billing period and the cancellation will take effect on the next billing period. You will retain access to the paid service from the time You cancel until the start of the next billing period, and will not receive a refund or credit for any remaining days in Your current billing period. To cancel a subscription, login to kinkyclips.com and cancel the subscription from Your account page, contact customer support, or contact the payment processor that You subscribed through.
- No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods. In exceptional circumstances, the Company may approve a refund in the form of a credit on request. The amount and form of a refund, and the decision to provide it, is at the Company’s sole discretion. The provision of a refund in one instance does not entitle You to a refund in the future for similar instances; nor does it obligate the Company to provide refunds in the future, under any circumstance.
- Free Trials. The Company or a Creator may, from time to time, offer free trials to new paid service subscriptions. If You purchase a subscription to a paid service that includes a free trial, You will receive free access to that paid service for the duration of the free trial period. At the end of the applicable free trial period, You will be charged the price of the subscription and will continue to be charged until You cancel Your subscription. To avoid any charges, You must cancel before the end of the free trial period.
- Payment Processing: We utilize various third-party payment processors and gateways, and we reserve the right to contract with additional third-party payment processors and gateways in our sole discretion to process any and all payments. Your payment information is stored by a third-party payment processor. Such third parties may impose additional terms and conditions governing payment processing. You are responsible for abiding by such terms. We further disclaim any liability associated with Your violation of such terms.
- Billing Disputes. If You believe that the Company has charged You in error, You must notify the Company in writing no later than 30 days after You receive the billing statement in which the error first appeared. If You fail to notify the Company in writing of a dispute within this 30-day period, You waive any disputed charges. You must submit any billing disputes by email to support@kinkyclips.com and include a detailed statement describing the nature and amount of the disputed charges. The Company will correct any mistakes in a bill and add or credit them against Your future payments.
- User Conduct. You are responsible for Your acts, omissions, and behavior related to Your use of the Website and how You engage with Creators for the Website. You must comply with all laws that apply to Your access to the Website, its Content and Creators, including laws relating to the Internet, data, email, privacy, non-harassment/anti-stalking, or the sending of technical data exported from the United States or the country where You live.
- No Offsite Communications. You must not use chats or communications amongst other users or Creator content creators to arrange face-to-face meetings outside the Website with any other user, including exchanging money or other consideration for sex or companionship. We prohibit any form of interaction with a User outside of the Website. If You do, You do so at Your own risk, and we will not be liable to You for anything that happens outside of the Website with any User You meet on the Website.
- No Prostitution or Sex Trafficking: The solicitation, promotion, and facilitation of prostitution and sex trafficking are strictly prohibited. If You engage in such activity, whether on the Website or by posting links to external websites that promote or facilitate prostitution or sex trafficking, we may delete Your account without refunding and/or paying out any funds in Your account at the time of the offense or deletion.
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Other Prohibited Activities: You must not engage in any of the following prohibited activities:
- recording or rebroadcasting any Content or live streams / performances;
- copying, distributing, or disclosing any part of the Website in any medium, including by any automated or non-automated “scraping;”
- using any automated system, including “robots,” “spiders,” “offline readers,” etc., to access the Website;
- transmitting spam, chain letters, or other unsolicited email;
- attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Website;
- taking any action that imposes, or may impose at the Company’s sole discretion an unreasonable or disproportionately large load on the Website infrastructure;
- uploading invalid data, viruses, worms, or other software agents through the Website;
- collecting or harvesting any personally identifiable information, including account names, from the Website;
- using the Website for any commercial solicitation purposes;
- impersonating another person or otherwise misrepresenting Your affiliation with a person or entity, conducting fraud, hiding or attempting to hide Your identity;
- interfering with the proper working of the Website;
- accessing any Content on the Website through any technology or means other than those provided or authorized by the Website; or
- bypassing the security measures that the Company may use to prevent or restrict access to the Website, including features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content located on it.
- Engaging in any of the prohibited activities in this Section 10 is considered a breach of this agreement and will result in immediate termination of Your account. The Company may pursue enforcement of laws or seek civil penalties/remedies.
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Use of Communication Services
- The Website may contain forums, bulletin board services, chat areas, message boards, communities, or other message or communication facilities designed to allow You to communicate with performers, Creators, and other users (collectively, “communication services”).
- Among other actions, when using a communication service, You will not post, send, submit, publish, or transmit in connection with the Website any material that:
- solicits, promotes, or facilitates prostitution or sex trafficking;
- threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, racist, abusive, harassing, threatening, or offensive;
- You do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
- advocates illegal activity or discusses an intent to commit an illegal act;
- is vulgar, obscene, offensive, or indecent;
- does not pertain directly to the Website;
- seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise;
- falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded;
- advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, or soliciting goods or services) except as may be specifically authorized on the Website;
- solicits funds, advertisers, or sponsors;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way that affects the ability of other people to engage in real time activities via the Website;
- amounts to a “pyramid” or other like scheme, including contests, chain letters, and surveys;
- encourages or incites violence;
- requests or discusses child pornography;
- discusses sexual feelings directed toward children, the exploitation of children, age-play, rape, incest, or bestiality;
- solicits or discusses—directly or indirectly—prostitution or the exchange of sex for money or any other form of consideration;
- requests or discloses private or personal information about any person;
- constitutes antisocial, disruptive, or destructive behavior, including “bombing,” “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet;
- disobeys any policy or regulations including any code of conduct or other guidelines, established on one or more occasions regarding use of the Website or any networks connected to the Website; or
- contains hyperlinks to other websites that contain content that falls within the descriptions set out above.
- The Company does not control or endorse the Content, messages, or information found in any communication service, and the Company will not be liable for the communication services and any actions resulting from Your participation in any communication service. Creators are not authorized Company spokespersons, and their views do not necessarily reflect those of the Company.
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Monitoring and Enforcement
- The Company may do any of the following:
- Remove or refuse to post any material for any reason or no reason in the Company’s sole discretion;
- Take any action with respect to any material that the Company considers necessary or appropriate in its sole discretion, including if the Company believes that the material breaches this agreement, infringes any intellectual-property right of any person, threatens the personal safety of users of the Website or the public, or could create liability for the Company;
- Disclose Your identity or other information about You to any person who claims that material posted by You violates their rights, including their intellectual-property rights or their right to privacy;
- Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website; and/or
- Terminate or suspend Your access to all or part of the Website for any reason, including breach of this agreement.
- The Company may do any of the following:
- The Company will fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of or other information about anyone posting any materials on or through the Website. You hereby waive any claims You might have against the Company—including its affiliates, licensees, and service providers—resulting from any action taken by the Company during or because of the Company’s investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
- The Company reviews all material before it is posted on the Website for prohibited content and Creator identification. See section for 24 "Content is As-Is and Content Moderation" for more information. You remain solely responsible for the content of Your submissions. The Company will not be liable for any action or inaction regarding submissions, transmissions, communications, or content provided by any user or third party. The Company will not be liable to anyone for performance or nonperformance of the activities described in this section 12. But if You know of any material posted that breaches this agreement, please contact the Company at abuse@kinkyclips.com. Please provide as much detail as possible, including a copy of the objectionable material or the location where the Company may find it, the reason the Company should remove it, and a statement certifying the accuracy of the information You provided to the Company.
- Links. The Website may contain links to third-party websites or resources. You acknowledge that the Company is not responsible or liable for (1) the availability or accuracy of those websites or resources; or (2) the content, products, or services on or available from those websites or resources. Links to third-party websites or resources do not imply any endorsement by the Company of those websites or resources.
- Third-Party Content. Through the Website, You will have the ability to access or use content provided by third parties. The Company cannot guarantee third-party content will be free of material You may find objectionable or otherwise. The Company will not be liable to You for Your access or use of any third-party content.
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Make No Reliance on Information Posted.
- The Company makes the information presented on or through the Website available for general information purposes only. The Company is not making any warranty about the accuracy or usefulness of this information. Any reliance You place on this information is strictly at Your own risk. The Company will not be liable for any reliance placed on these materials by You or any other visitor to the Website, or by anyone who may be informed of any of its contents.
- The Website includes content provided by third parties, including materials provided by other users, third-party licensors, syndicators, or aggregators. All statements or opinions expressed in these materials, and all responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person providing these materials. These materials do not reflect the opinion of the Company. The Company will not be liable to You or any other person for the content or accuracy of any materials provided by any third parties.
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No Endorsement.
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- The Company operates the Website as a neutral host but does monitor Content for Creator verification and prohibited activity. The participation in the Website by a visitor, user, performer, or other third party (collectively, the “participants”) does not constitute an endorsement by the Company of that participant. The Company is not responsible for the acts, omissions, agreements, promises, content, products, or other services, comments, opinions, advice, statements, offers, or information of any participant.
- Participants are independent parties and the Company does not, and will not, have any responsibility or liability for the acts, omissions, agreements, promises, comments, opinions, advice, statements, or offers of any participant.
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- Privacy. For information about how the Company collects, uses, and shares information and data about You and Your actions on the Website, please review the Privacy Policy. You acknowledge that by using the Website, You consent to the collection, use, and sharing (as set out in the Privacy Policy) of this information, including the transfer of this information to the United States or other countries for storage, processing, and use by the Company
- Copyright Policy. The Company respects the intellectual property rights of others and expects users of the Website to do the same. The Company will respond to notices of alleged copyright infringement that comply with law and are properly provided to the Company.
- Copyright Infringement Notices should be mailed, faxed or emailed to CyberNet's designated Copyright Agent Peter Acworth at the following address: Attn: Copyright Agent
- PO Box 14580, San Francisco, CA 94114
- Phone: (415) 856-0771
- Fax: (415) 856-0772
- Email: copyright@kink.com
- Promotions. Some users may promote their Content, subscriptions, or downloads by offering discounts, freemiums, or prizes (“Promotions”). The Company is not the sponsor or promoter of these Promotions and does not bear any responsibility or liability for the actions or inactions of any third parties who organize, administer, or are otherwise involved in any of these Promotions. If You wish to participate in any of these Promotions You are responsible for reading and ensuring that You understand the applicable rules and any eligibility requirements.
- Termination. Either party may terminate this agreement at any time by notifying the other party. Upon termination, Your access to or ability to use the Website will immediately end. Termination of Your access to the Website will not relieve You of any obligations arising or accruing before termination or limit any liability that You otherwise may have to the Company or any third party. You are solely responsible for making sure that any recurring billing is canceled. To cancel recurring billing, please contact the payment processor You signed up through.
- Termination by the Company. The Company may suspend, disable, or cancel Your access to the Website (or any part of it) if it determines, in its sole discretion, that You have breached this agreement or that Your conduct would tend to damage the Company’s reputation and goodwill. If the Company terminates Your access for any of these reasons, You must not access the Website. The Company may block Your email address and IP address to prevent further access.
- Survival of Provisions. This agreement’s provisions that by their nature should survive termination will survive termination, including but not limited to ownership provisions, loss payment (aka indemnification), disclaimers, exclusions, and limitations of liability.
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Changes to the Website; Availability
- Although the Company may update the Website on one or more occasions, the content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and the Company is not required to update that material. If You believe You have found errors or omissions on the Website, You can bring them to the Company’s attention by contacting it at support@kinkyclips.com.
- While the Company will try to make sure that the Website is always available, it does not guarantee continuous, uninterrupted, or secure access to the Website. Many factors or circumstances outside of the Company’s control may interfere with or adversely affect its operation of the Website.
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Intellectual Property Rights
- Ownership of Website. All right, title, and interest in and to the Website and its contents remains with the Company. This includes, but is not limited to: i) all past, present, and future versions of the Website; all webpages found within the Website; all the material and information on the Website; all graphics, text, images, audio, videos, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any copyrightable material (including source and object code), and all other materials, including the design, structure, “look and feel,” and arrangement of the Content contained on the Website; and all trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, regardless of registration, contained on the Website. Nothing in this Agreement shall be construed as granting any right of ownership in or title to the Website or the Content, or to any intellectual property right related thereto.
- Retain Copyrights and Notices/Disclaimers. If You download or print a copy of the Content for Your personal use, You must retain all copyright and other proprietary notices embedded in the Content. Any use of the Website or the Content except as authorized by this agreement will terminate the license granted here. The Company may revoke this license at any time.
- Trademarks. The Company’s name, logos, domain names, custom graphics, button icons, and the term kinkyclips (“Trademarks”) are the trademarks, trade dress, and service marks of the Company. Except for Section 7(a), nothing in this Agreement grants to You any rights in or to the Trademarks and You are prohibited from copying, imitating, or using the Trademarks in any way, in whole or in part. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any marks displayed on the Website, meta tags, or any other “hidden text” using marks that belong to the Company and its licensors, without advanced written permission from the Company or the third party who may own the mark.
- Compliance with Law. The Company is located in the United States. The Company is not making any statement that the Website or any of its Content is accessible or appropriate outside of the United States. Access to the Website might not be legal by certain persons or in certain countries. If You access the Website from outside the United States, You do so on Your own initiative and are responsible for complying with all local laws.
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Content is “As-Is” and Content Moderation.
- You acknowledge that the Company cannot and does not state that files available for downloading from the Internet or the Website will be free from loss, corruption, attack, viruses or other destructive code, interference, hacking, or other security intrusions. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for antivirus protection and accuracy of data input and output, and for keeping a means external to the Website for any reconstruction of any lost data. The Company will not be liable for any loss or damage caused by a distributed denial-of-service (DDoS) attack, viruses, or other technologically harmful material that might infect Your computer equipment, computer programs, data, or other proprietary material due to Your use of the Website or any services or items obtained through the Website or to Your downloading of any material posted on the Website, or on any website linked to the Website.
- You acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You hereby waive any legal or equitable rights or remedies You have or may have against the Company with respect to this Content.
- The Company employs a content moderation review policy and process as more fully described HERE. All uploaded Content is reviewed by a trained team focusing on both ID and age verification as well as the substance of every piece of Content (image, live streaming, video, text, etc.). KinkyClips has integrated a 3rd party service, VerifyMyContent, who uses an in house automated AI process as well as a human review team of content moderators.
- We also as You to help keep Content safer by providing a community reporting function so You can report:
- Content that violates the Content Rules
- IP theft, or
- Non consensual behavior
- The Company will use reasonable efforts to protect information submitted by You in connection with the Website, but You acknowledge that Your submission of this information is at Your sole risk, and the Company will not be liable to You for any loss relating to that information.
- Your use of the Website, its content, and any services or items obtained through the Website is at Your own risk. The Company provides the Website, its Content, and any services or items obtained through the Website “as is,” “with all faults,” and “as available,” without making any warranty, either express or implied. The Company is not making any warranty (1) that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted; (2) that defects will be corrected; (3) that the Website or the server that makes it available are free of viruses or other harmful components; or (4) that the Website or any services or items obtained through the Website will otherwise meet Your needs or expectations.
- The Company is not making any warranty, whether express, implied, statutory, or otherwise, including warranty of merchantability, title, noninfringement, privacy, security, and fitness for particular purpose. No advice or information, whether oral or written, obtained from the Company, the Website, or elsewhere will create any warranty not expressly stated in this agreement.
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Limit on Liability; Release
- The Company, its subsidiaries, affiliates, licensors, service providers, Creators, third-party content providers, employees, agents, officers, and directors will not be liable to You for any of the following:
- Errors, mistakes, or inaccuracies of Content;
- Personal injury or property damage resulting from Your access to and use of the Website or its content;
- Content or conduct that is infringing, inaccurate, obscene, indecent, offensive, threatening, harassing, defamatory, libelous, abusive, invasive of privacy, or illegal;
- Unauthorized access to or use of the Company’s servers and any personal or financial information stored in them, including unauthorized access or changes to Your account, submissions, transmissions, or data;
- Interruption or cessation of transmission to or from the Website;
- Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through the Website by any person or that might infect Your computer or affect Your access to or use of the Website, Your other services, hardware, or software;
- Incompatibility between the Website and Your other services, hardware, or software;
- Delays or failures You might experience in starting, conducting, or completing any transmissions to or transactions with the Website; or
- Loss or damage incurred because of the use of any content posted, emailed, sent, or otherwise made available through the Website.
- You hereby release the Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors from all liability arising out of user submissions or the conduct of other users or third parties, including disputes between You and one or more other users or third parties.
- The Company, its subsidiaries, affiliates, licensors, service providers, Creators, third-party content providers, employees, agents, officers, and directors will not be liable to You for any of the following:
- Exclusive Remedy
- The Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable to You for any direct, indirect, special (including so-called consequential damages), statutory, punitive, or exemplary damages arising out of or relating to Your use, access, or Your inability to access the Website or the Content. This exclusion applies regardless of theory of liability, including but not limited to negligence, and even if You told the Company about the possibility of these damages or the Company knew or should have known about the possibility of these damages. By way of example, and not limitation, this waiver of liability includes: pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, loss of privacy, or computer failure.
- Exclusive Remedy. If You are dissatisfied with the Website or have any other complaint, Your exclusive remedy is to stop using the Website. The maximum liability of the Company and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors to You for any claim will not exceed the greater of $100 or the amount You have paid to the Company for the applicable purchase out of which liability arose even if the remedy fails of its essential purpose.
- Scope of Disclaimers, Exclusions, and Limits. The disclaimers, exclusions, and limits stated in Section 25, Section 26, and Section 27 apply to the greatest extent allowed by law, but no more. The Company does not intend to deprive You of any mandatory protections provided to You by law. Because some jurisdictions may prohibit the disclaimer of some warranties, the exclusion of some damages, or other matters, one or more of the disclaimers, exclusions, or limits may not apply to You.
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Indemnification
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General: Except in cases of intentional misconduct by the Indemnified Parties, You indemnify, hold harmless, and will compensate the Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) for any loss, judgment, settlement, fine, damage, injunctive relief, and relevant attorneys fees of the Indemnified Parties that is caused by or arising out of any of the following:
- Your conduct on the Website, including Your submissions to the Website;
- Your breach of this agreement;
- Your actual or alleged violation of rights of any person, including intellectual property and privacy rights;
- Your actual or alleged violation of any law;
- Your actual or alleged negligent, fraudulent, or intentional conduct; or
- Your actual or alleged criminal conduct.
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General: Except in cases of intentional misconduct by the Indemnified Parties, You indemnify, hold harmless, and will compensate the Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) for any loss, judgment, settlement, fine, damage, injunctive relief, and relevant attorneys fees of the Indemnified Parties that is caused by or arising out of any of the following:
- Indemnified Parties’ Duty to Notify You. If the Indemnified Party has Your contact information, the Indemnified Party will notify You as soon as is reasonably possible after the Indemnified Party knows of a claim for a loss that You might be compelled to pay. The Indemnified Party’s failure to give You timely notice does not end Your obligation, except if that failure prejudices Your ability to defend or mitigate losses.
- Legal Defense of a Claim. An Indemnified Party has control over defending a claim for a loss (including settling it), unless the Indemnified Party directs You to control the defense. If the Indemnified Party directs You to control the defense, You will not settle any litigation without the Indemnified Party’s written consent if the settlement (1) imposes a penalty or limitation on the Indemnified Party, (2) admits the Indemnified Party’s fault, or (3) does not fully release the Indemnified Party from liability. You and the Indemnified Party will cooperate with each other in good faith on a claim.
- No Exclusivity. The Indemnified Parties’ rights under this section 27 do not affect other rights they might have.
- Governing Law; Place for Resolving Disputes
- The laws of the state of California—without giving effect to any conflicts of law principles—govern all matters arising out of or relating to the Website or this agreement. This agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
- Except for disputes subject to arbitration, all disputes arising out of or relating to the Website or this agreement will be subject to the exclusive jurisdiction and venue of the Superior Court of California for the County of San Francisco and/or the United States District Court for the Northern District of California.
- Each party hereby submits to the personal jurisdiction of the Superior Court of California for the County of San Francisco and/or United States District Court for the Northern District of California to resolve all disputes not subject to arbitration. Each party hereby waives any right to seek another forum or venue because of improper or inconvenient forum.
- For purposes of this Section 28, the Website will be deemed solely based in the state of California and will be deemed a passive website that does not give rise to personal jurisdiction over the Company, either specific or general, in any other jurisdiction.
- Dispute Resolution. If You have a complaint or issue, please see the COMPLAINT POLICY. For any dispute (“Dispute”) arising between You and the Company (or its affiliates, employees, etc.) arising out of or relating to the Website or this agreement, the parties agree to endeavor to resolve the Dispute as described in this Section 29:
- Mediation. If the parties cannot settle the Dispute through negotiation after 30 days, either party may, by notice to the other party and the International Institute of Conflict Prevention & Resolution (“CPR”), demand mediation under the Mediation Procedure of CPR. Mediation will take place in California. The language of the mediation will be English. Each party will bear its own costs in mediation, and the parties will share equally between them all third-party mediation costs unless the parties agree differently in writing. Each party will participate actively and constructively in mediation proceedings once started and will attend at least one joint meeting between the mediator and the parties. Any party may terminate mediation at any time after an initial meeting between the mediator and the parties.
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Arbitration. If mediation is not productive in resolving the Dispute, either party may initiate and the other agrees to binding arbitration to the Dispute.
- Procedure. The arbitration will be administered by CPR in accordance with its Rules for Administered Arbitration. A single arbitrator will preside over the arbitration. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, enforceability, or formation of this agreement, including any claim that all or any part of this agreement is void or voidable.
- Location. Unless the parties agree otherwise, the arbitration will take place in San Francisco, California.
- Fees. Each party will be responsible for paying any filing, administrative, and arbitrator fees associated with the arbitration.
- Award. The arbitrator may grant whatever relief that would be available in a court at law or in equity, except that the arbitrator must not award punitive or exemplary damages, or damages otherwise limited or excluded in this agreement. In accordance with section 27, the arbitrator’s award will include costs of arbitration, reasonable legal fees, and reasonable costs for expert and other witnesses. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
- Confidentiality. Unless required by law, neither a party nor an arbitrator will disclose the existence, content, or results of any arbitration under this agreement without the advance written consent of both parties.
- Right to Injunctive Relief. Nothing in this section 29 will prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Website.
- Recovery of Expenses. In any proceedings between the parties arising out of this agreement or relating to the subject matter of this agreement, the prevailing party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses.
- Jury Trial Waiver. Both parties hereby waive the right to a trial by jury for any dispute arising out of or relating to the Website or this agreement. Either party may enforce this waiver up to and including the first day of trial.
- Class Action Waiver. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless the Company agrees otherwise, the arbitrator will not consolidate more than one person’s claims. Both parties acknowledge that each party is waiving the right to participate in a class action.
- Limitation on Time to Bring Claims. A party will not file a claim arising out of or relating to the Website or this agreement more than one year after the cause of action arose. Any claim brought after one year is barred.
- General
- Entire Agreement. This agreement constitutes the entire agreement between You and the Company regarding Your access to the Website. It supersedes all earlier or contemporaneous agreements between You and the Company about access to the Website. A printed version of this agreement will be admissible in any proceedings arising out of (or relating to) this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and kept in printed form. Any additional terms on the Website will govern the items to which they pertain.
- Copy of this Agreement. You may—and the Cmpany recommends that You—print this agreement on Your printer or save itto Your computer.
- Assignment and Delegation. The Company may assign its rights or delegate any performance under this agreement without Your consent. You will not assign Your rights or delegate Your performance under this agreement without the Company’s advance written consent.
- No Waivers. The parties may waive any provision in this agreement only by a writing signed by the party or parties against whom the waiver is sought to be enforced. No failure or delay in exercising any right or remedy, or in requiring the satisfaction of any condition, under this agreement, and no act, omission, or course of dealing between the parties, operates as a waiver or estoppel of any right, remedy, or condition. A waiver made in writing on one occasion is effective only in that instance and only for the purpose stated. A waiver once given is not to be construed as a waiver on any future occasion or against any other person.
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Severability. The parties intend as follows:
- that if any provision of this agreement is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded;
- that if modifying or disregarding the unenforceable provision would result in failure of an essential purpose of this agreement, the entire agreement will be held unenforceable;
- that if an unenforceable provision is modified or disregarded in accordance with this section 30(e), then the rest of the agreement will remain in effect as written; and
- that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.
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Notices
- Sending Notice to the Company. You may send notice to the Company by email at support@kinkyfans.com unless a specific email address is set out for giving notice. The Company will consider an email notice received by the Company only when its server sends a return message to You acknowledging receipt. The Company may change its contact information on one or more occasions by posting the change on the Website. Please check the Website for the most current information for sending notice to the Company.
- Sending Notice to You—Electronic Notice. You consent to receiving any notice from the Company in electronic form either (1) by email to the last known email address the Company has for You or (2) by posting the notice on a place on the Website chosen for this purpose. The Company will consider notices sent to You by email received when its email service shows transmission to Your email address. You state that any email address You gave the Company for contacting You is a current and valid email address for receiving notice, and that Your computer has hardware and software configured to send and receive email through the Internet and to print any email You receive.
- Force Majeure. The Company is not responsible for any failure to perform if unforeseen circumstances or causes beyond its reasonable control delays or continues to delay its performance, including:
- Acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters;
- War, riot, arson, embargoes, acts of civil or military authority, or terrorism;
- Strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials;
- Failure of the telecommunications or information services infrastructure; and
- Hacking, SPAM, or any failure of a computer, server, network, or software.
- No Third-Party Beneficiaries. This agreement does not, and the parties do not intend it to, confer any rights or remedies on any person other than the parties to this agreement.
- Relationship of the Parties. This agreement does not, and the parties do not intend it to, create a partnership, joint venture, agency, franchise, or employment relationship between the parties and the parties expressly disclaim the existence of any of these relationships between them. Neither of the parties is the agent for the other, and neither party has the right to bind the other on any agreement with a third party.
- Successors and Assigns. This agreement inures to the benefit of, and is binding on, the parties and their respective successors and assigns.
- Communication Preferences. By registering for an account, You consent to receiving electronic communications from the Company relating to Your account. These communications may involve sending emails to Your email address provided during registration or posting communications on the Website and will include notices about Your account (e.g., payment authorizations, change in password or payment method, confirmation emails, and other transactional information) and are part of Your relationship with the Company. You acknowledge that any notices, agreements, disclosures, or other communications that the Company sends to You electronically will satisfy any legal communication requirements, including that these communications be in writing. The Company recommends that You keep copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from the Company, including newsletters about new features and content, special offers, promotional announcements, and customer surveys via email or other methods. You acknowledge that communications You receive from the Company may contain sexually-explicit material unsuitable for minors. If You no longer want to receive certain non-transaction communications, please review the Privacy Policy regarding opting out of marketing communications.
- Electronic Communications Not Private. The Company does not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to the Company or from the Company as open communications readily accessible to the public. You should not use the Website to send or receive messages You only intend the sender and named recipients to read. Users or operators of the Website may read all messages You send to the Website regardless of whether they are intended recipients.
- Electronic Signatures. Any affirmation, assent, or agreement You send through the Website will bind You. You acknowledge that when You click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with Your finger, mouse, keystroke, or other device, Your agreement or consent will be legally binding and enforceable and the legal equivalent of Your handwritten signature.
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Consumer Rights Information—California Residents Only. This section 31 applies only to California residents. In compliance with Section 1789 of the California Civil Code, Users who want to gain access to the password-restricted area of the Website must register. The Company does not charge consumers for registering, but the Company does charge for purchasing Content or subscriptions. You may contact the Company at support@KinkyClips.com or see our Complaint Policy to resolve any disputes or to receive further information about the Website.
- Complaints—California Residents. You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 North Street, #501, Sacramento, California 95814, or by telephone at +1 (916) 445-1254.
- Feedback. You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 North Street, #501, Sacramento, California 95814, or by telephone at +1 (916) 445-1254.
- Your Comments and Concerns. You should direct all feedback, comments, requests for technical support, and other communications relating to the Website to support@KinkyClips.com.
If You have any questions about this agreement or any questions or comments about the Website or policy, please email the Company at support@KinkyClips.com. If You have concerns or complaints, please see the Complaint Policy.