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Kink.com Terms of Use

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Alison Boden, CEO of Kink.com
  • Updated

Effective Date: January 13, 2005 
Last Updated: April 22, 2019

  1. Preamble and General Principles
    • These terms of use describe the code of conduct that Cybernet Entertainment LLC (d/b/a/ Kink.com, cnemedia.com, CE UK Ltd. (located at 3 Rd Floor, 207 Regent Street, London, W1B 3HH, United Kingdom) and C.E. LLC (located at 1155 Mission Street, San Francisco, CA, 94103, USA)), and all of its properties operated under this name, hereinafter known as "CyberNet," requires of all end-users of CyberNet's Internet services (the "Services") - those who access some of our Services but do not have accounts ("Visitors") as well as those who pay fees to gain access to the Services ("Members") - information and guidelines relating to Visitor and Member ("User") participation within CyberNet's online communities, and the consequences of any user misconduct within them. CyberNet requests that you read these terms and conditions carefully.
    • Your use of CyberNet's services and/or order of products through CyberNet's websites constitute your acceptance of these Terms of Use. If you do not agree to abide by these Terms, you are not permitted to access CyberNet's services or order products.
    • CyberNet's websites link to other websites that have their own specific Terms of Use or Terms of Service, which you also agree to accept by using those websites and/or ordering products.
    • CyberNet's services contain materials of an adult, sexually explicit nature. You agree and affirm that you are not offended by adult, sexually explicit materials and wish to view such materials.
    • You agree and affirm that you are of legal age (18 years old in most jurisdictions, 21 in others) to purchase adult, sexually explicit materials in your jurisdiction. You agree and affirm that you are accessing and viewing CyberNet's services from a location and jurisdiction where the access and use of these adult, sexually explicit materials is not prohibited by law. You agree and affirm that you will not make the products purchased from or otherwise accessed by you from CyberNet or its related websites available to minors or to any person that does not wish to view adult, sexually explicit materials. You agree and affirm that the products you purchase are for use and viewing in the privacy of your own home and will not be used for public display or be made available for public display.
    • CyberNet does not make any warranties as to fitness for any particular use nor does CyberNet make any warranties as to the accuracy of descriptions of the products.
    • The text, images, graphics, logos, illustrations, icons, data, scripts, programs, software, music, sound, videos and other materials that are shown on CyberNet's websites, delivered to you or otherwise made available through CyberNet's services are copyrighted by CyberNet and/or the respective intellectual property owner. You agree not to duplicate, upload, distribute, reproduce, modify, display, post, transmit, sell or otherwise exploit or share the materials, videos, and other intellectual property from CyberNet or third party providers. All content is copyrighted and protected under US and international copyright law. You are granted a limited license to view the content of the products and CyberNet in the privacy of your own home only, and for personal use only. This limited license terminates if you breach any of these Terms.
    • You agree to indemnify CyberNet and all third parties that are linked to CyberNet and CyberNet's services, and all subsidiaries, affiliates, officers, agents, partners, and employees from any claims or demands made by any third party due to or arising from your use of CyberNet's services, purchase of materials from CyberNet or any third parties linked from CyberNet services, or use of any materials purchased or rented from CyberNet or third parties linked from CyberNet services.
    • Your use of CyberNet's services is at your own risk. CyberNet's services and all websites linked from it are provided "AS IS" and on an "AS AVAILABLE" basis. The content and materials are provided "AS IS" and no warranties are made of any kind. CyberNet disclaims all warranties, express or implied, or any kind, including any implied warranty of merchantability, fitness for any purpose, or non-infringement. CyberNet makes no representations, guarantees or warranties as to the quality, accuracy, suitability, truth or completeness of any portion of this website or any materials or information made available through CyberNet's services. Any references to any real person, living or dead, are purely coincidental. CyberNet and its suppliers are not liable for the accuracy or completeness of any of the materials available through CyberNet's services.
    • CyberNet makes no guarantee that the services will operate in any certain way or on any particular platform, software, browser, or hardware. CyberNet makes no guarantee that the materials are acceptable or legally viewable in any jurisdiction or that the materials will meet your expectations or satisfaction. Any use of CyberNet services is at your own risk and you are solely responsible for any damage to your computer hardware or software or loss of data that occurs during your use of the website regardless of fault, including damage or loss due to viruses, Trojans, or other malware.
    • No advice or information obtained through CyberNet's services will create any warranty and employees of CyberNet or third party contributors are not authorized to alter these terms.
    • To the extent allowable, CyberNet is not liable for any direct, indirect, incidental, consequential, punitive, exemplary or consequential damages that may occur from your use of CyberNet's services or any purchase, use or viewing of the materials available on these websites, including but not limited to loss of use, loss of profits, revenue, data, or any other loss you may incur however caused and regardless of fault.
    • You are solely responsible for adequate protection and backup of your hardware, software, data, and equipment used to view this website or access CyberNet's services.
    • You agree to hold CyberNet, its suppliers, third party affiliates, officers, partners, and employees harmless from any claims based on use of the website or materials obtained through CyberNet's services whether in contract, tort, negligence, or otherwise to the extent permitted by law.
    • CyberNet respects your desire for privacy. Our privacy policy is linked to from the bottom of every Kink.com website's home page. By using CyberNet's services, you are consenting to our use of your information according to the privacy policy in place at the time you use the website. CyberNet may store your information and information regarding your use of CyberNet's services indefinitely. You may be redirected to third party websites, including third party billing companies, during your use of CyberNet's services. Information that you provide to any third party website is subject to the privacy policy of those websites. You should read and understand the privacy policies of each website before using CyberNet's services or entering any information.
    • You are not permitted to violate the security of CyberNet's services or access or attempt to access any data not intended for users of CyberNet services. You are not permitted to access or log onto any server or account without specific authorization to do so. You are not authorized to scan, probe or test the vulnerability of CyberNet services, websites, servers, or account security or authentication procedures. You are not permitted to interfere with the operation of CyberNet's services or its servers. You are not permitted to submit or attempt to submit viruses, Trojans, or malware of any kind. You are not permitted to attempt to overload, flood, spam, mailbomb, or crash the website or servers. You are not permitted to access any part of this website or its servers other than access granted to ordinary users. Violation of these conditions will result in termination of your authorization to use CyberNet's services and may result in civil liability or criminal investigation. Website will cooperate with law enforcement investigators to determine if criminal activity has occurred and cooperate with any prosecution. Notwithstanding other remedies, and without waiving any right to any other remedies.
    • These Terms constitute the entire agreement between you and CyberNet and govern your use of CyberNet's services, superseding any prior agreements, written, oral, or otherwise, including, but not limited to, prior terms of use. You may also be subject to additional terms as these Terms are updated and you are subject to the terms of third party websites that you may navigate to from CyberNet's services. You may not assign or transfer your user name, password, rights, or login information to any other party.
    • Any breach of these Terms could result in harm to properties for which monetary damages would be an inadequate remedy, and therefore, in addition to the remedies otherwise available, including monetary damages, Cybernet will be entitled to equitable relief, including but not limited to injunction, costs, and attorney's fees associated with CyberNet enforcing its rights against you.
    • You agree to subject yourself to the personal jurisdiction, laws and courts of San Francisco, California, in the event of a suspected breach of these Terms.
    • You agree to abide by all laws, including international import and export laws and to refrain from using CyberNet's services or purchasing products that may be in violation of any laws.
    • The failure of CyberNet to enforce any of these Terms does not constitute a waiver thereof. If any of these Terms is held to be unenforceable or invalid, you agree that the remaining Terms continue to be binding and enforceable.
    • CyberNet, in its sole discretion, may terminate your use and access of its services at any time and for any reason, or no reason if it believes you have violated any of the terms of use. Any termination may occur without notice to you and CyberNet may immediately deactivate or delete your account. CyberNet will not be liable to you or any third party for any reason upon termination of your account.
  2. Revisions to this Policy
    • You agree that these Terms may be modified or amended at any time and in any manner, and that you accept the updated Terms at the time they are published on this website. Each time you use CyberNet's services you agree to the Terms as published. You should periodically check for any modifications of these Terms by re-visiting this web page and using the "refresh" button on the user's browser. You should note the date of last revision to these Terms, which appears at the top of this page. If the "last modified" date remains unchanged after the user has clicked the "refresh" button on his/her browser, the user may presume that no changes have been made since the last reading of the Terms. A changed "last modified" date indicates that these Terms have been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
  3. User Conduct within CyberNet's Online Communities
    • The following activities are prohibited with relation to all online community services offered by CyberNet. Engaging in any of these activities will result in the immediate termination of your account and your access to CyberNet's services, and may result in criminal prosecution.
      1. You must not use our site to harvest email addresses or other personally identifiable information, either manually or using scripts or other software, for the purpose of marketing or promoting any commercial or non-commercial entity.
      2. You must not engage in any activity that will endanger, jeopardize or potentially damage CyberNet's facilities or services, including but not limited to "denial of service" attacks.
      3. You must not use any automated script or other software to collect information or content from CyberNet's sites in any way.
      4. You must not impersonate employees of CyberNet or other members of the community, or in any way mislead other users to believe that you are someone you are not.
      5. You must not offer anything for sale on CyberNet's sites or solicit any purchases while on CyberNet's sites.
      6. You must not upload or in any other way make viruses available to users of CyberNet's sites or to any element of the sites themselves.
      7. You must not intimidate, harass or threaten other users, employees, or contractors of CyberNet.
      8. You must not use any other person's account besides your own to post or view content on CyberNet sites for any reason, with or without permission.
      9. You must not otherwise violate the terms and conditions of these Terms of Use, CyberNet's Community Guidelines, and all applicable local, national, and international laws and regulations.
  4. User Participation Guidelines within CyberNet's Online Communities
    • CyberNet encourage users to share their thoughts, opinions and suggestions regarding our websites and models in our forums and message boards, as this feedback helps our directors improve the quality of the content they produce. Your comments are greatly appreciated, regardless of whether or not we overtly agree with your viewpoint. General discussion and respectful debate with other users of CyberNet's sites is also welcomed.
    • While moderators might allow some leeway in what is considered to be an acceptable post, crossing certain boundaries may result in your posting being deleted and in extreme or repeated cases, having your access suspended or account nullified. The following posts are absolutely and unconditionally prohibited in CyberNet's forums, scene comments, user profiles, and all other areas of CyberNet's online community, be they public or private:
      1. Posts that include excessive profanity
      2. Posts that include racist or homophobic remarks
      3. Posts that are offensive to models, riggers, directors or other users of the site, without offering some form of constructive criticism
      4. Repeated negative posts that offer no constructive criticism
      5. Posts that are unintelligible
      6. Posts that are entirely or substantially in all-capitals or that use formatting that make them difficult to read
      7. Posts with repeated comments, made multiple times by the same member in a single thread or in multiple threads.
      8. Posts that resemble 'spam' or that serve no apparent purpose other than advertising a product or organization that is unrelated to the discussion.
      9. Posts that include images or videos that clearly violate CyberNet's shooting rules
      10. Posts that include copyright infringing material, or any material that could result in infringement of any third party intellectual property, privacy or publicity rights.
      11. Posts in which the poster misrepresents him or herself or impersonates an employee of CyberNet, a model, performer, rigger, or any other member of the community.
      12. Posts made using an account that is not registered to the individual posting.
      13. Posts that offer anything for sale to users of the site other than CyberNet products offered by or through CyberNet.
      14. Posts that solicit anything for purchase from users of the site other than CyberNet products offered by or through CyberNet.
      15. Posts with attachments that may include viruses or other harmful software.
      16. Any other post that CyberNet determines to be inappropriate, abusive, or disruptive
      17. Posts that reference activities or contain content that in any way, shape or form could be considered illegal
      18. Posts that otherwise violate the terms and conditions of these Terms of Use, CyberNet's Community Guidelines, and all applicable local, national, and international laws and regulations.
  5. Copyright Infringement
    • In order to post any photo, graphic, audio or video content to CyberNet's websites or forums, you must act in accordance with the following declarations:
      1. You represent and warrant that you own or otherwise have all necessary rights, including but not limited to copyrights, in all content that you submit to CyberNet's sites, and that you have secured all third party consents, licenses, waivers and permissions necessary to submit such content.
      2. You represent and warrant that the content submitted by you will not infringe upon or misappropriate any rights of others, including, without limitation, any copyrights, trademarks, trade secrets or other intellectual property rights, rights of publicity, rights of privacy, moral rights or any other proprietary rights of third parties, or violate any applicable law, statute, ordinance or regulation.
      3. YOU AGREE TO INDEMNIFY AND HOLD CYBERNET HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) ARISING OUT OF, RESULTING FROM OR RELATED TO ANY BREACH BY YOU OF THESE POSTING GUIDELINES.
    • Please understand that CyberNet's Terms of Use indicate that repeat infringers or those who misrepresent copyright on posted material may have their access to CyberNet's sites permanently rescinded.
    • Copyright Infringement Take-down Notification:
        • If you believe that work published at CyberNet infringes upon an existing copyright, send written notification that includes the following elements, pursuant to Title 17 U.S.C. 512(c)(3) of the Digital Millennium Copyright Act. Please consult your legal counsel for specific requirements.
          • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
          • The URL of copyrighted work allegedly infringed, or if multiple works are allegedly infringed, a representative list.
          • Your Kink.com username, mailing address, telephone number, and email address at which you may be contacted.
          • A statement that you believe in good faith that use of the material is not authorized by the copyright owner or otherwise under the law.
          • A statement that the information in your communication is accurate under penalty of perjury, and that you as the complaining party are authorized to act on behalf of the owner of the copyright allegedly infringed.
        • Copyright Infringement Notices should be mailed, faxed or emailed to CyberNet's designated Copyright Agent Peter Acworth at the following address:
          • Attn: Copyright Agent
          1155 Mission Street
          San Francisco, CA 94103
          Phone: (415) 856-0771
            Fax: (415) 856-0772
            Email:
      copyright@kink.com
           
      • If you send notification by email, please include "Copyright Notification" as the subject line.
      • If you are not sure whether the material infringes someone else's copyright, please contact an attorney before contacting CyberNet. Title 17 U.S.C. 512(f) of the Digital Millennium Copyright Act establishes that any person who knowingly misrepresents that material is infringing upon a copyright may be subject to liability.
        .
    • Copyright Infringement Counter-Notification
      1. If you have posted material to CyberNet's sites that has been removed due to alleged copyright concerns, and you believe that the material has been removed in error, please send a written communication with the elements listed below, pursuant to Title 17 U.S.C. 512(g)(3) of the Digital Millennium Copyright Act:
          • The URLs of items that have been removed.
          • Your address, telephone number, and email address at which you may be contacted.
          • Your Kink.com username.
          • A statement that you swear, under penalty of perjury, that you believe in good faith that the material was removed as a result of a mistake or misidentification.
          • Your physical signature, a scanned physical signature or a valid electronic signature.
          • Copyright Infringement Counter Notifications should be mailed, faxed or emailed to CyberNet's designated Copyright Agent Peter Acworth at the following address:
            • Attn: Copyright Agent
            1155 Mission Street
            San Francisco, CA 94103
              Phone: (415) 856-0771
              Fax: (415) 856-0772
              Email:
        copyright@kink.com
      2. If you send by email, please include "Copyright Counter-Notification" as the subject line.
      3. If you are not sure whether the material infringes someone else's copyright, please contact an attorney before contacting CyberNet. Title 17 U.S.C. 512(f) of the Digital Millennium Copyright Act establishes that any person who knowingly misrepresents that material was removed by mistake may be subject to liability.
      4. Your personal information will be forwarded to the person who filed the original copyright notification. The claimant must notify CyberNet within 10 days of legal action, in which case CyberNet will not restore the material. If we do not receive such notice CyberNet may restore the material at its sole discretion.
    • The details outlined in this subsection are for information purposes only. They are not intended to convey legal advice. Please consult your attorney for any matters relating to copyright protection or counter-notification.
  6. User Misconduct
    • Failure to comply with any of the above Terms and conditions or heed CyberNet's warnings to cease or remove inappropriate behavior or material may result in the deletion of your posts, the denial of your forum access, or even the total restriction and/or nullification of your user account.
    • CyberNet has the right (but not the obligation) to review any content that you have submitted to our sites or forums, and to reject, delete, disable, or remove any content that we determine, in our sole discretion, to have violated any of the following conditions:
      1. does not comply with the above outlined "User Participation Guidelines"
      2. might violate any law, infringe upon any rights of third parties, or subject CyberNet to liability for any reason
      3. might adversely affect CyberNet's public image, reputation or goodwill
      4. should be taken down for any other reason deemed appropriate by CyberNet
  7. Kink Dollars
    • Effective October 2016, CyberNet no longer offers the options of purchasing an artificial currency, known at the time as Kink Dollars, for use in purchasing video clips for download or streaming. If you believe you still have a balance of unspent Kink Dollars, or you want to know if you have a balance, send an inquiry e-mail to support@kink.com. The Kink Dollars are not refundable for cash, but might be exchanged for a similar value in video clips for download or streaming, and/or a limited subscription to one of the packages offered by CyberNet.
  8. Billing Questions
    • Our FAQ covers most billing questions.
    • In the event of an unsuccessful recurring payment, an administration fee of up to $2.00 may be applied in order to keep a subscription temporarily active until the full subscription fee can be processed successfully.
    • Unspent Kink Dollars can be refunded to you by contacting our Customer Service Department at support@kink.com.
  9. Refund Policy
    • Refunds for purchases or recurring charges may be requested by contacting customer support at support@kink.com. Refunds or credits may not be issued for partially used Memberships. Cancellation for all future recurring billing may be requested. C.E. LLC reserves the right to grant a refund or a credit applicable to purchases at its discretion. The decision to refund a charge does not imply the obligation to issue additional future refunds. Should a refund be issued by C.E. LLC for any reason, it will be credited solely to the payment method used in the original transaction. C.E. LLC will not issue refunds by cash, check, or to another payment mechanism.
  10. Where to Direct Questions regarding CyberNet's Terms of Use Policy
    • If you have any questions about CyberNet's Terms of Use or the practices or policies described herein, you may contact our Customer Service Department at support@kink.com.
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