SEXFORUMS.COM – TERMS OF USE

Updated: December 28, 2010

This Terms of Service Agreement (“Agreement”) is a legally binding agreement between the creator and administrator of SexForums.com (the “Company,” “we,” “us,” “our”) and you, the member (“Member” “you,” “your”), regarding your use of SexForums.com and integrated or related services, features, content or applications offered at the primary website and related sub-domains (collectively “SexForums,” “SexForums.com”) whereby all actions, services or offerings are herein referred to collectively as the “Service.”

This Agreement establishes the legally binding terms for your use of SexForums. By using SexForums ("SexForums Services"), you agree to be bound by the terms of this Agreement. SexForums may change, modify, add, or delete portions of this Agreement from time to time and such changes shall be effective upon posting on SexForums. Your continued use of SexForums after such changes constitutes your acceptance of the new Agreement. Please read this Agreement carefully and save a copy for later review. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE, AND SHOULD NOT PROCEED TO REGISTER. BY USING THE SERVICE YOU ARE AGREEING TO BE BOUND BY THIS SERVICE AGREEMENT, INCLUDING ALL AMENDMENTS MADE TO DATE.

Adult Nature of the Website

SexForums is an online networking resource for adults only. SexForums allows its Members to create unique personal profiles online as well as to share personal content of an adult nature. It is a service provided in good faith for use by an adults-only audience. Children under eighteen years of age are prohibited from using SexForums or any of our services. We ask that children never submit information to us.

Use and Termination

In order to be eligible for Membership at SexForums, you must:

a) Be 18 years of age or older (or of the legal age where it is legal to view materials of an adult nature in your jurisdiction)

b) Be a Human (accounts registered by “bots” or other automated methods are not allowed).

THIS SERVICE IS FOR ADULTS ONLY! You represent, warrant and covenant that you are at least 18 years old or the age of majority in your jurisdiction, whichever is older (the “Age of Majority”). The Service is intended for adults only. By using the Service you agree that you have reached the Age of Majority. If you continue with registration to SexForums or use of the Service in violation of this section, it may result in legal action.

Right to Use

Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.

Account Access and Password

Username and Password: When you sign up to become a Member, you will also be asked to choose a username and password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to disclose your password to any third party or post this information on SexForums. You agree to notify the Company immediately if you suspect any unauthorized use of your account or access to your password. You alone are solely responsible for any and all use of your account.

Our Proprietary Rights

SexForums does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the SexForums Services (with the exception of Sponsored Content as defined below). By displaying or publishing ("posting") any Content on or through the SexForums Services, you hereby grant to SexForums and other users a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content marked "private" will not be distributed outside the SexForums Services. After you remove your Content from the SexForums Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license to such Content will terminate. If after we have distributed your Content outside the SexForums Website you change the Content’s privacy setting to "private," we will cease any further distribution of such "private" Content outside the SexForums Website as soon as practicable. Some of the SexForums Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that SexForums may place such advertising and promotions on the SexForums Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

You represent and warrant that: (i) you own the Content posted by you on or through the SexForums Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the SexForums Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the SexForums Services.

Although the Site and other SexForums Services are normally available, there will be occasions when the Site or other SexForums Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of SexForums. Also, although SexForums will normally only delete Content that violates this Agreement, SexForums reserves the right to delete any Content for any reason, without prior notice. Consequently, SexForums encourages you to maintain your own backup of your Content. In other words, SexForums is not a backup service. SexForums will not be liable to you for any modification, suspension, or discontinuation of the SexForums Services, or the loss of any Content.

Member Conduct

By using SexForums, you unconditionally agree that:

a) You are solely responsible for any information that you post or display to other members or when using the Service. You will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you;
b) You are aware that the Service may contain explicit adult oriented materials provided only by consenting users;
c) You will not use the Service to engage in any form of harassment or offensive behavior, including, but not limited to, the posting of any message, picture or recording, which contains sexual conduct (whether actual or simulated), libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language;
d) You will not post any message, picture or recording or use the Service in any way which would:

1. Use SexForums in any unlawful manner;

2. Post any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights, or promote the illegal or unauthorized copying of another person's copyrighted work:

3. Post any material that is violent, threatening, abusive, offensive, hateful, derogatory, defamatory, libelous or racially, ethnically or similarly objectionable;

4. Use or attempt to use another Member’s account or create a false identity on SexForums.

5. Harass other members or advocate harassment of another person;

6. Post text or files which contain real or fictitiously depicted violence, incest, bestiality, or offensive subject matter, or contains a link to websites containing the same;

7. Solicit personal information from or about anyone under 18;

8. Promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

9. Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or "spamming";

10. Solicit passwords or personal identifying information from other Members;

11. Involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

12. Post a photograph, video or illustrated depiction of another person without that person's consent; or post a photograph, video or any depiction (real or fictional) of a person under the age of 18;

13. Advertise to or solicit any Member to buy or sell any products or services through SexForums without the prior express written approval of SexForums;

14. Transmit any chain letters or junk email to other Members;

15. Cover or obscure the banner advertisements on your personal profile page, or any SexForums page via HTML/CSS or any other means;

16. Conduct or permit any automated use of the SexForums system;

17. Attempt to impersonate another Member or person;

18. Use the account, username, or password of another Member at any time, disclose your password to any third party or permit any third party to access your account;

19. Use any part of the SexForums system to solicit membership for other online communities or to promote a competing service or website;

20. Display an advertisement on your profile, or accept payment or anything of value from a third person in exchange for your performing any commercial activity on or through SexForums on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or,

21. Use SexForums in a manner inconsistent with any and all applicable laws and regulations.

You acknowledge and agree that:

(a) We cannot ensure the security or privacy of information you provide through the Internet, or otherwise, and through your email or other messages; you release us from any and all liability in connection with the breach of the security of such information and/or messages and with respect to the use of such information by other parties;


(b) We are not responsible for, and cannot control, the use of any information, by anyone, which you provide to any other parties or the Service and you should use caution in selecting the personal information you provide to others through the Service;


(c) We cannot assume any responsibility for the content of any message sent by any user on the Service, and you release us from any and all liability in connection with the content(s) of any communication(s) you may receive from other users;


(d) You acknowledge that you cannot bring legal action against SexForums.com or any of its employees, officers or agents for any damages of any kind, under any theory, as a consequence of using the Service; and


(e) Any and all images or content uploaded or written to SexForums.com and may be used by SexForums.com without any restriction(s), as marketing materials. By accepting this Agreement and its Terms and Conditions you specifically authorize us to use any images you upload to SexForums.com for marketing this site in our sole discretion.

(f) Any and all images or content uploaded or written to SexForums.com as part of a contest, giveaway, or promotion (defined as "Sponsored Content") including but not limited to contests such as: SexForums.com Holiday Picture Contest, Featured Member Contest, Best Picture Contest, whereby SexForums.com provides prizes of any sort (cash, gift certificates, physical prizes, virtual gifts, VIP upgrades, etc.) for winners, becomes full property of SexForums.com with a grant of all rights and title to the content. By accepting this Agreement and its Terms and Conditions you specifically authorize us to use any images you upload in this capacity to SexForums.com for marketing this site in our sole discretion. Specifically, neither regular members nor VIP Members are able to delete submitted pictures or content, that are being done as part of a contest entry, as they have been granted to SexForums.com as part of the compensation provided to the community as part of entering these contests.

(g) You may not use the Service for any unlawful purpose. We may refuse to grant you or discontinue your use of a user name, for whatever reason, including, but not limited to, that the user name you have chosen impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.

We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by any other user of the Service, including but not limited to, information regarding a member’s, age and marital status. You hereby acknowledge and agree that we have no responsibilities or liabilities for any inaccuracies, intentional or unintentional, made by users.

Removal of Information

While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation advertisements, public postings and messages, that we, in our sole discretion, may deem to violate the Code of Conduct set out above or to be otherwise unacceptable to us in our sole discretion. Notwithstanding our right to delete, move or edit messages or materials, you shall remain solely responsible for the content of advertisements, public postings, messages and other materials you may upload to the Service or otherwise provide to users of the Service.

We, at no point in time, are obligated to remove content, in any form (including, but not limited to pictures, messages, posts, chat logs, etc.) from any current or prior members. 

Termination of Access to Service

We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to all or part of the Service at our sole discretion, and we reserve the right to refer such activity to any and all appropriate law enforcement agencies.

Proprietary Information

The Service contains information, which is proprietary to us and/or users of the Service. We assert full copyright protection in the Service. Any information posted by us or users of the Service may be protected whether or not it is identified as proprietary to us or to the user. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.

No Responsibility

We are not responsible for any incidental, consequential, special, punitive, exemplary, direct or indirect damages of any kind whatsoever, which may arise out of or relate to your use of the Service, including but not limited to lost revenues, profits, business or data, or damages resulting from any viruses, worms, "Trojan horses" or other destructive software or materials, or communications by you or other users of the Service, or any interruption or suspension of the Service, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Service during the previous 12 months. We may discontinue or change the Service or its availability to you at any time, and you may stop using the Service at any time, please see details on cancellation below.

Sharing Your Content and Information at SexForums

You are solely responsible for the content that you publish or display on Service, or transmit to other Members (collectively the “Member Content”). You agree that the Company may review and delete or remove any Member Content that in its sole judgment violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members or others. SexForums assumes no responsibility for the Member Content, no obligation to modify or remove any inappropriate Member Content, and no responsibility for the conduct of the Member submitting any such Member Content. By posting Member Content to any part of SexForums, you automatically grant, and you represent and warrant that you have the right to grant, to SexForums an irrevocable, perpetual, non-exclusive, transferable, fully paid-up, worldwide license (with the right to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

While the Company will endeavor to protect the intended use of SexForums’s features and services using manual supervision, hardware, software and third-party solutions, please be aware that no measures are perfect. Therefore you are advised to use caution in selecting the information you post on SexForums and that you provide to other Members. If you become aware of abuse or misuse of SexForums by any person, please notify us immediately by email at abuse@SexForums.com.

The Company reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of SexForums at any time, for any or no reason, with or without prior notice, and without liability.

Fees for Use

SexForums is currently available for use free of charge to members and receives a payment from VIP Members.  You hereby acknowledge and agree that the Company reserves the right to charge for use of premium SexForums services and features. The Company may also alter or amend its fee structure at any time. If fees have been charged to you for usage of SexForums and your Membership is cancelled due to your violation of this Agreement, you shall not be entitled to any refund for the unused portion of your subscription.

Links to Other Services and Websites

The Website contains links to other services and websites. SexForums is not responsible for the content, accuracy or opinions expressed in such services, and such services are not investigated, monitored or checked for accuracy or completeness by SexForums.  Approval or recommendation of a website or service by members of the SexForums community are independently submitted by members and do not reflect the opinion of the Company.  Inclusion of any linked or referenced website or service on or through SexForums does not imply approval or endorsement of the linked/referenced service or website by the Company. If you decide to access these third-party sites or services, you do so at your own risk. 

SexForums Advertisers & Affiliate Partners

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through SexForums, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or affiliate partner. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisements or third-party services available through SexForums. 

Our Intellectual Property Rights

You acknowledge that the Company owns all rights, title and interest in and to SexForums, including without limitation all intellectual property rights, and such Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the site. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the site. The Rights include rights to (i) the sites and/or services developed and provided by the Company; and (ii) all applications or software associated with the sites or services. These Rights do not include third-party content used as part of SexForums, including the content of communications appearing on SexForums.

Your Intellectual Property Rights

If you believe your copyrighted work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on SexForums, please contact us at address below address and provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on SexForums; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf:

Copyright Infringement Notification

SexForums.com
Email:
ip_violations@SexForums.com

Privacy and Safety

Our Company deeply values the privacy and online security of its Members. Please read a copy of our Privacy Policy.

Modifications and Discontinuation

The Company reserves the right at any time (and from time to time) to modify or discontinue, temporarily or permanently, SexForums.com (or any part thereof) with or without notice.

Disclaimer

The Company has the right, in its sole and absolute discretion, to remove or restrict access to any material uploaded by a Member which it views as violating the terms of this Agreement or inconsistent with the policies, spirit or intent of the Company. Notwithstanding such right, the Company is not liable for any material uploaded by a Member, including but not limited to the accuracy of the material or the conduct of a Member either within SexForums.com or offline. SexForums is provided “AS IS,” and the Company does not guarantee the functionality of SexForums or any particular result from the use of SexForums. You acknowledge and agree that the Company is not liable for any interruption or breakdown of service, loss or corruption of data, attacks against SexForums from third parties, any technical malfunction at any point in the provision of SexForums or force majeure. SexForums expressly disclaims any responsibility for any loss or damage, including personal injury or death, resulting from the use of SexForums or from any content posted on SexForums or any interactions among Members, whether online or offline. SEXFORUMS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

Limitation of Liability

SEXFORUMS SHALL NOT BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF PROFIT, LOSS OF USE, BUSINESS INTERRUPTION, MEDICAL ILLNESS, LOSS OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGIES OR SERVICES, COST OF COVER OR PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THE USE OF SEXFORUMS OR THIS AGREEMENT. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT TO THE CONTRARY, SEXFORUMS’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THAT AMOUNT PAID, IF ANY, BY YOU TO SEXFORUMS FOR THE SERVICES OF SEXFORUMS DURING THE TERM OF MEMBERSHIP.


Indemnity

You agree to indemnify and hold harmless the Company, its officers, directors, advisors, stakeholders, employees, agents, subsidiaries and affiliates from any loss, liability, claim or demand, including attorneys’ fees, made by any third party due to or arising from your use of SexForums, any content that you upload, your use of content on SexForums, your violation of this Agreement or your violation of any third-party rights.


Miscellaneous

This Agreement together with the Privacy Policy contains the entire agreement between SexForums.com and you concerning the subject matter hereof. The failure of the Company to exercise or enforce any right under this Agreement shall not be deemed to be a waiver of that right nor operate to bar the exercise or enforcement of it at any time or times thereafter. In the event that any provision of this Agreement is found invalid, the remainder of the Agreement shall remain valid and enforceable according to its terms

2257 Statement

18 U.S.C. 2257 RECORD-KEEPING REQUIREMENTS COMPLIANCE STATEMENT

SexForums does not produce, hire, contract for, or otherwise arrange for the participation of performers engaging in sexually explicit conduct, but is a mere hosting service/distributor of photos and videos submitted by our members.

All members who do post any visual depiction of actual or simulated sexual conduct that appears or otherwise is contained in or at this web site have certified to us via a specific check box that the person or persons depicted in the content are over 18 at the time of the creation of the depiction.

18 U.S.C. Section 2257 and the implementing regulations require, among other things, that you verify the age of the depicted, as well as keep records of the age verification.
validate that you are in compliance. If you are unsure of any of these terms, do not upload any photos and/or videos of actual or simulated sexual conduct or nudity to SexForums.

The owners and operators of this website are not the primary producer (as defined in 18 USC section 2257) of any of the visual content contained in the Website. For the purposes of complying with a custodian of record listing, we maybe be able to facilitate contact with the producer of the depiction via our custodian of records which is:

ODS Online Dating Systems Limited
Strovolou 77,
Strovolos Centre Flat/office 204
Strovolos, PC 2018 Nicosia, Cyprus