Last updated: June 3rd, 2022
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT, WHICH PROVIDES THAT YOU AND WE AGREE TO RESOLVE CERTAIN DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND GIVE UP ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR A JURY. YOU HAVE THE RIGHT TO OPT OUT OF OUR AGREEMENT TO ARBITRATE. SEE THE LEGAL DISPUTES SECTION OF THIS AGREEMENT.
About the Site and Minimum Access Requirements
The Site contains a number of Reviews of adults-only websites or platforms with additional Reviews being posted in compliance with the Site’s then current posting policies. As used herein “Reviews” refers to posts or articles written by contractors or users of the Site based upon the applicable writer’s use and opinion of whatever websites are contained/referenced in the applicable Review.
As noted above, all Reviews are of adults-only websites or platforms. For this reason, all individuals accessing or using the Site are required to be the greater of 18 years of age or the age of majority in the individual’s jurisdiction. By accessing the Site and Reviews, you acknowledge that you understand and agree you will be exposed to discussion of adult websites/platforms and/or adult content and that such content is within the community standards of your jurisdiction and not otherwise in violation of any laws applicable to you.
As noted above, the Reviews are written by contractors and/or users of the Site
The opinions expressed in Reviews are the opinions of the individuals who wrote such Reviews and may not represent the opinions of the Site or the Site’s operators, employees, contractors, executives, or other representatives. One or more of the Reviews may contain incentivized links to third-party websites which incentivized links may provide compensation from the third-party website to the author of the Review and/or the Site. Order and placement of the Reviews may be determined by a number of criteria including, without limitation, date of posting of such Review, popularity (as perceived by Site) of the subject and/or author of the Review, and incentives associated with such Review. The posting of Reviews in no way suggests or confirms that the third-party website/platform which is the subject of the review is in any way in compliance with your local laws and other laws that may be applicable to your use of any such websites/platforms. You acknowledge and agree that you are at all times solely responsible for ensuring that your use of the Site, the Reviews, and any websites/platforms you may access in connection with same are in full compliance with all applicable laws, rules, and regulations. You acknowledge and agree that the Reviews are posted solely for entertainment purposes and should not be relied upon in your determination to make one or more purchases from one or more third-parties.
From time to time we may offer the ability to comment, post, or otherwise share text or images. If you elect to submit, post, or otherwise share information through the Site, you are granting to us the worldwide, fully-paid, royalty-free, non-revokable right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever. You agree that you will not submit, post, or otherwise share through the Site any text, image, or other information/data which:
- infringes our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights;
- violates any law, statute, ordinance or regulation applicable to you, us, or any other user of the Site;
- is libelous, threatening, harassing, defamatory, obscene, or otherwise objectionable in our sole opinion to us or third parties;
- invades on the rights of privacy or publicity of us or any third-party;
- contains any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- contains or constitutes chain letters, mass mailings, political campaigning, or any form of “spam”;
- impersonates or otherwise misrepresents you or another individual us or a third-party, is false, inaccurate or misleading; or,
- constitutes any type of advertisement or solicitation without our written permission.
You acknowledge and agree that you are solely responsible for your use of the Site and Reviews and ensuring that your use of the Site and Reviews is in compliance with all laws, rules, and restrictions applicable to you. By accessing the Site, we are providing you with a limited, revokable, personal license to use and review the Reviews and other content published through and/or posted on the Site. We may, from time to time, provide you with the ability to sign up for a newsletter and/or create an account with the Site. You agree that all information you provide in connection with such sign up and/or account creation is your own personal information. In the event that we offer the ability to create an account, you agree and acknowledge that you are solely responsible for the security of your account and that you may not share your account with any third party for any reason. Moreover, you are responsible for any and all activity through your account at all times up to and until you email us to advise us that you believe your account may be compromised.
You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Site, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
No Obligation to Review
You understand and agree that we have no obligation to confirm the accuracy or sufficiency of information shared through the Site including information shared by us or our contractors. You again acknowledge that all information posted through the Site, including the Reviews, are for entertainment purposes only and should not be relied upon in making your determination whether or not to spend money on a third-party website.
We reserve the right to review any and all Reviews, submissions, or posts and take any and all appropriate action, as we may determine in our sole discretion, in connection with same; however, you acknowledge that are under no duty to do so and you confirm that taking action on one Review, submission, or post does not indicate that there are no issues with any other Review, submission, or post.
You acknowledge and agree that you are solely responsible for the content of all your transmissions, submissions or postings and the consequences of transmitting, submitting or posting same.
Intellectual Property Rights
Our names, graphics, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively, the “Marks”). You may not use our Marks without our prior written permission. Any information posted by us or users of the Site 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.
Notice of Claimed Infringement
The Site respects the intellectual property of others, and we ask our members and others to do the same. We voluntarily observe and comply with the United States’ Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Site’s Designated Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on a Site;
- your address, telephone number, and email address;
- a 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; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
To submit a DMCA Notice, please complete the form located here: DMCA
The Site will terminate the account of any member who the Site believes has infringed on the rights of any third party(ies) one or more times. For the avoidance of doubt, the Site specifically reserves the right to terminate the account of any member reported by any third party for infringing on such third party's rights and the Site will immediately terminate the account of any member reported more than once for infringing on the rights of a third party.
Notification and Take Down Procedures
The Site implements the following "notification and takedown" procedure upon receipt of any notification of claimed copyright infringement. The Site reserves the right at any time to disable access to, or remove any material or activity accessible on or from any Site or any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent. We reserve the right to terminate any account reported for infringing on the intellectual property of any third party, and we will act expeditiously to remove access to all identifiable material that is alleged to infringe on a third party's copyright, according to the procedure set forth in 17 U.S.C. §512 of the Digital Millennium Copyright Act ("DMCA"). The Site's DMCA Notice Procedures are set forth in the preceding paragraph. If the notice does not comply with §512 of the DMCA, but does comply with three requirements for identifying sites that are infringing according to §512 of the DMCA, the Site shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notice requirements. When the Designated Agent receives a valid notice, we will expeditiously endeavor to remove and/or disable access to the infringing material and may notify the affected user. Then, the affected user may submit a counter-notification to the above designated agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After the designated agent receives the counter-notification, we will replace the material at issue within 10-14 days after receipt of the counter-notification unless the designated agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity. We reserve the right to modify, alter or add to this policy, and all users should regularly check back to these Terms and Conditions to stay current on any such changes.DMCA Counter-Notification Procedure
If the recipient (the "Recipient") of a Notice of Claimed Infringement ("Notice") feels that the Notice is erroneous or false, and/or that allegedly infringing material has been wrongly removed in response to a Notice as outlined above, the Recipient is permitted to submit a counter-notification pursuant to §512(g)(2) and (3) of the DMCA. A counter-notification is the proper method for the Recipient to dispute the removal or disabling of material (the "Material") pursuant to a Notice. The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations which may cause any claims to be brought against us relating to the Content.
To submit a counter-notification, please provide our Designated Copyright agent the following information:
- A specific description of the material that was removed or disabled pursuant to the Notice.
- A description of where the material was located within the Site before such material was removed and/or disabled. Please provide the specific URL if possible.
- A statement reflecting the Recipient's belief that the removal or disabling of the Material was done so erroneously. For convenience, the following format may be used: "I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled.”
- The Recipient's physical address, telephone number, and email address.
Your DMCA Counter Notice can be submitted here: DMCA
After receiving a DMCA-compliant counter-notification, our designated copyright agent will forward it to us, and we will then provide the counter-notification to the entity who first provided the Notice concerning the subject material.
Additionally, within ten to fourteen (10-14) days of our receipt of the counter-notification, we will replace or cease disabling access to the disputed material provided that we or our designated copyright agent have not received notice from the entity who first provided the Notice that such entity has filed a legal action pertaining to the disputed material. We reserve the right to modify, alter or add to this policy, and all users should regularly check back regularly to stay current on any such changes.
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 Site, 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 Site, or any interruption or suspension of the Site, 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 Site during the previous 12 months. We may discontinue or change the Site or its availability to you at any time, and you may stop using the Site at any time, please see details on cancellation below.
The Site is distributed on an “as is” basis. We do not warrant this Site will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Site. Where permitted by law, you acknowledge that the Site is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Site is at your own risk. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Site by the Site or any user of the Site or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. If you are a California resident, you waive California Civil Code § 1542, which states “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Site or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Site. Your continued use of the Site now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.As-Is and As Available
THE SITE AND ALL CONTENT AND INFORMATION SHARED THROUGH THE SITE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR ASSOCIATED WITH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND ALL INFORMATION AND LINKS INCLUDED ON OR ASSOCIATED WITH THE SITE IS AT YOUR SOLE RISK.
WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SITE AND THIRD-PARTY WEBSITES/PLATFORMS ASSOCIATED WITH OUR SERVICES, OR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY OF THE CONTENT OR REVIEWS ASSOCIATED WITH OUR SITE. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SITE AND ALL INFORMATION AND REVIEWS SHARED THROUGH THE SITE. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT AND/OR REVIEWS THAT MAY BE AVAILABLE FOR VIEWING FROM OUR SITE IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY QUOTES OR OFFERS PROVIDED ON OR THROUGH OUR SITE.
Limitations on Our Liability
NEITHER WE NOR OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR SHAREHOLDER SHALL BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF OUR SITE; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SITE FOR ANY REASON; (IV) YOUR ACCESS TO OR VIEWING OF ANY OF THE REVIEWS OR OTHE FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE OF ANY OF THE REVIEWS OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH OUR SITE, OR OTHERWISE ARISING OUT OF THE USE OF OUR SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $100. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU. YOU AND US AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Class Action Waiver
Any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in any representative capacity. You and we further agree that no arbitration or proceeding will be combined with another without the prior written consent of all parties to the affected proceedings.
All Disputes (including any dispute relating to the arbitrability of this Agreement or any provision of this Agreement or any other dispute relating to arbitration) must be submitted to arbitration before and in accordance with the arbitration rules of the American Arbitration Association in accordance with its commercial arbitration rules. The term “Dispute” means any controversy or claim arising out of or relating to the Site or this Agreement, or any breach thereof, including any claim that this Agreement, or any part of this Agreement is invalid, illegal or otherwise voidable or void.
The provisions of this Arbitration Section must be construed as independent of any other covenant or provision of this Agreement; provided that if a court of competent jurisdiction or arbitrator determines that any such provisions are unlawful in any way, such court or arbitrator is to modify or interpret such provisions to the minimum extent necessary to have them comply with the law. Notwithstanding any provision of this Agreement relating to under which state’s laws this Agreement is to be governed by and construed under, all issues relating to arbitrability or the enforcement of the Agreement to arbitrate contained herein are to be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and the federal common law of arbitration.
Judgment upon an arbitration award may be entered in any court having competent jurisdiction and will be binding, final and non-appealable. You and the Site hereby waive to the fullest extent permitted by law, any right to or claim for any punitive or exemplary damages against the other and agree that in the event of a dispute between them, each shall be limited to the recovery of any actual damages sustained by it.
This arbitration provision is self-executing and will remain in full force and effect after the expiration or termination of this Agreement. In the event either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party by default or otherwise notwithstanding said failure to appear.
Arbitration take place in Miami-Dade County, Florida, exclusively.
You and the Site hereby agree that no action (whether for arbitration, damages, injunctive, equitable or other relief, including rescission) will be maintained by any party to enforce any liability or obligation of the other party, whether arising from this Agreement or otherwise, or any other Dispute, unless brought before the expiration of the earlier of one year from the occurrence of the facts giving rise to such claims or within 90 days from either the actual discovery of the facts giving rise to such claims or from the date on which the party should have, in the exercise of reasonable diligence, discovered such facts. The obligation to arbitrate is not binding upon the Site with respect to claims relating to its trademarks, service marks, patents, copyrights, or other intellectual-property rights, or requests for temporary restraining orders, preliminary injunctions or other procedures in a court of competent jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual dispute between the parties.
The prevailing party will be entitled to receive from the non-prevailing party its costs relating to the arbitration proceeding including but not limited to, the arbitrator’s fees, attorneys’ fees and costs, witness fees, transcription fees, etc. and sales and use taxes thereon, if any.
You and the Site each acknowledges and agrees that it is the intent of the parties that arbitration and litigation between the parties will be of the parties’ individual claims, and that none of their respective claims may be arbitrated or litigated on a class-wide basis.
This Agreement and all matters arising out of or otherwise relating to use of the Site shall be governed by the laws in effect in the State of Florida, without regard to its conflict of law provisions. You and the Site hereby submit to the personal jurisdiction of the state and federal courts of the State of Florida for resolution of all disputes. You and the Site hereby agree that the exclusive venue for any litigation/dispute under this Agreement shall be with the state and federal courts located in Miami-Dade County, Florida.
Cancellation By User
In the event that we offer a newsletter, you may cancel your subscription to such newsletter at any time by clicking the cancellation link included in each newsletter or by emailing our support team at firstname.lastname@example.org. You understand that it may take up to seven (7) days for your cancellation to be effective due to previously scheduled newsletter mailings. You understand and agree that canceling your newsletter subscription will not cancel your account, if offered and if you have created an account, and you will need to specifically request cancellation of your account or cancel your account in your account settings.
In the event that we offer the ability to make an account, you may terminate your account at any time in your account settings or by emailing our support team at email@example.com. You understand and agree that canceling your account will not cancel your subscription to our newsletter, if offered, and you will need to specifically request cancellation of the newsletter or use the cancellation link included in each newsletter. your membership, you will no longer have access to the non-public areas of the Site to which you were a member.
Termination by Us
Without limiting other remedies, the Site may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access and use of the Site and refuse to provide our services to you at any time, with or without advance notice, for any reason or no reason including, without limitation, if: (a) we believe that you have breached any material term of this Agreement, (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause legal liability for you, our users, or us; or (d) we decide to cease operations or to otherwise discontinue any of the Site or parts thereof. Further, you agree that neither the Site nor any third party acting on our behalf shall be liable to you for any termination of your membership or access to the Site.
After Termination or Cancellation
If you cancel your membership with the Site, you will lose access to the members-only portions the Site. You confirm that you understand that the termination of your account will not terminate this Agreement and that the terms of this Agreement will continue to apply any time you access the Site and/or Reviews.