Adultspace User Agreement
This Terms and Conditions of Use Agreement (“Agreement”) is a legally binding contract between More Agency, Inc, a California company (the “Company,” “us,” “we,” and “our”) and You, concerning Your use of AdultSpace.com and all related Internet services We provide in connection therewith (the “Site”). Your use of the Site affirms Your consent to the terms of this Agreement. You should therefore take the time to read and understand this entire document. We encourage You to print out a copy and refer to it as You use the site.
As used in this Agreement: "Content" means, by way of example, text, messages, communications, blogs, graphics, photos, sounds, music, videos, links, audio and video streams, downloads, software, scripts, interactive features and the like that are related to the Site, and all other information and materials You encounter, post (actively or passively) or generate through Your use of the Site; and “Legal Age” means 18 years old or such older minimum age as may be required by applicable law.
These Terms and Conditions apply to all users of the Site, including users who do not post (or cause to be posted) any material on the Site but rather simply view the Site.
Conditions for Use
To use or access the Site, You must be at least the Legal Age.
We grant You permission to use the Site (including creating a profile, posting content, causing content to be posted, searching and viewing content associated with other users and the public, communicating through the Site, and the like), provided that You agree to abide by the terms and conditions set forth in this contract, and provided that You state certain facts to us under penalty of perjury.
In order to access the features of the Site, You will have to create an account. As part of the account creation process, You will provide an email address, which is our way of authenticating Your identity. You will select a username and password, and You will be provided with an account. You must provide us with accurate, complete, and up-to-date registration information. Failure to do so will constitute a breach of this Agreement. You understand that You may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of any person other than Yourself without authorization; or (iii) use a name that we, in our sole discretion, deem inappropriate. You also agree not to use another person's account without permission.
You agree to the following:
a) You will obey the basic obligations of criminal, regulatory and civil law, and will not engage in any illegal or tortuous conduct (including without limitation abstaining from: planning illegal activity; advertising a lottery; offering to sell or otherwise distribute ammunition, firearms, tobacco, alcohol, illegal drugs or drug-related paraphernalia; providing instructional information about illegal activities; pretending to be anyone you are not; making false statements; and infringing copyright(s) or other intellectual property right(s));
b) You will not submit content or in any other way use our Site in a manner that could subject us to any legal liability or penalty, whether civil, criminal, regulatory or otherwise, or that violates of any law or regulation, or is otherwise contrary to commonly accepted community standards, or is prohibited, and acknowledge and agree that pursuant to Section 12, below, You shall be required to reimburse us for Your violation of this provision; You will not engage in, promote, or facilitate unsolicited commercial solicitation (i.e., spamming);
c) You are strictly forbidden from engaging in prostitution, either as a provider (including acting as an escort) or as a customer, and You will not engage in any communication seeking to arrange a meeting for the purpose of prostitution;
d) You will not depict any person under the Legal Age in Your profile or in any content supplied, linked, or in any way referred to by You on the Site, nor provide information that you know is designed to exploit anyone under the Legal Age;
e) You may link to other locations on the Internet in content You supply to our Site, without express permission, but You agree that in so doing You will not solicit any of our members;
f) You may not authorize others to use Your account, and agree not to reveal Your password to other users, and You must notify us immediately of any breach of security or unauthorized use of Your account;
g) Obscenity is forbidden, and nothing You do and no content You provide can violate obscenity laws or the community standards of your community or that of those with whom you interact and/or to which you transmit content to (this includes, without limitation: actual or simulated depictions of sexuality or sex involving any underage person; incest; rape; torture; any other coerced or otherwise forced, sexual conduct whether actual, depicted or acted and/or implication of coercion or force through the use of props, real or otherwise; sex with animals; sex with dead bodies; penetration with inappropriate objects; bondage with penetration; extreme sado-masochism; excretory functions and bodily fluids including urination, defecation, golden and/or brown showers and/or enemas or douches; and age-inappropriate appearance, that is, depictions of nudity, sexuality or sex by any person who is made up to LOOK younger than 18 years of age, either naturally or because of scripting, make-up, costume, setting, demeanor, etc.);
h) You will not submit a totally nude or sexually explicit photo for Your profile;
i) You will not do anything that harms the smooth operation of our site, or exploits our resources for Your or third parties commercial gain;
j) You will not promote, nor redirect to, other websites to our members or potential members, or otherwise engage in member/customer theft, and You acknowledge and agree that any violation of this provision shall constitute grounds for immediate cancellation of Your account and possible legal prosecution;
k) You will not publish falsehoods or misrepresentations that could damage us or any third party;
l) You will not submit material that is unlawful, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violates any law, or is otherwise inappropriate;
m) You will not post advertisements or solicitations of business;
n) You will not post, copy, modify, transmit, show in public or private, create any derivative works from, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; and
o) You will not encourage or otherwise depict drug use or violence as acceptable.
If You violate ANY part of the our Rules, we can and may without waiver, terminate Your account. We also reserve any and all other rights, including but not limited to seeking legal action, damages and/or injunctive relief.
You acknowledge and agree that we own and retain proprietary rights in every aspect of the Site, which contains copyrighted material, trademarks, and other proprietary information of the Company, its licensors and licensees. In particular, we claim trademark, trade dress or similar rights in the name “AdultSpace,” as well as the look and feel of the Site, in whole or in part.
In addition, other Users may post copyrighted information, which has copyright protection whether or not it is so identified. Except for that information which is in the public domain or for which You have been given permission, You agree not to copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
User Provided Content
We acknowledge and agree that You shall continue to own the copyright, if any, in any material You may submit to the Site. You represent and warrant to us that You have not and will not up load any content that infringes the copyrights of any person, and You will further not permit that to be done with Your password.
You further grant us an unconditional, royalty-free (exclusive of any revenue sharing provisions that may apply to specific content), non-exclusive, irrevocable license to use in any way any Submitted Material, in perpetuity, for the universe, in any medium now known or hereinafter devised (the “License”). We may, at our sole discretion, sub-license and/or transfer the rights granted by the License, which include without limitation the right to reproduce, distribute, display, publicly perform, and create derivative works from, the Submitted Material. You further grant to each and every user of the Site, except as may be limited by the Site’s access control mechanisms which You may choose to employ, a non-exclusive license to access your Submitted Material and to use, reproduce, distribute, display, publicly perform, and prepare derivative works from your Submitted Material insofar as such rights may be exercised through the functionality of the Site and as permitted by this Agreement.
Representations and Warranties
You represent and warrant to us that:
a) You have read the rules set forth in Section 4, above, carefully and will follow them to the letter;
b) You have the full right, power and authority to execute this Agreement, and to consummate and perform the transactions contemplated hereby;
c) You meet the age requirement set forth in Section 3, above;
d) You have the right to grant us the rights expressly set forth in Section 6 and all other rights hereby expressly or impliedly granted;
e) Your use of the Site will not violate the privacy and/or publication rights of any person and that no such violations will occur by anyone using Your password.
Copyright and Trademark Infringement
We provide our members with the ability to self-publish on Adultspace.com by uploading, storing and displaying Submitted Material utilizing our services; this Submitted Material is “information residing on [our] systems . . . at [the] direction of users,” and we are a “service provider,” as set forth in the Digital Millennium Copyright Act (DMCA). You acknowledge and agree that we have no actual control over our users’ conduct, and we do not and cannot review all of the Submitted Material for potential rights infringement.
If You believe that Your copyright(s) and/or trademark right(s) are being infringed by one of our users, notify us as specified here, and we will we will expeditiously remove, or disable access to, the material. Be aware that the person who posted the material will have an opportunity to dispute Your contention, which, if done properly, will require us to replace or restore access to the material; at that point, You must file a lawsuit against the person posting the material.
To report a copyright or trademark infringement by an Adultspace user, please send the following information to firstname.lastname@example.org
- Your name, address, email address and phone number
- A detailed description of the allegedly infringing material. Make sure to provide enough detail so we can identify the content in question.
- A statement, saying that You have a good faith belief that there is no legal basis for the use of the materials complained of.
- A statement of the accuracy of the notice and, under penalty of perjury, that the complaining party is authorized to act on the behalf of the owner
Third Party Content
The Company reserves the right, but has no obligation, to monitor the materials posted in the public and private areas of the Site. The Company shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, any applicable law or either the letter or spirit of this Agreement. Notwithstanding this right of the Company, YOU REMAIN SOLELY RESPONSIBLE for the content You supply, including messages. Messages sent between You and other members that are not readily accessible to the general public will be treated as private by the Company to the extent permitted by applicable law.
You understand that when using the Site, You will be exposed to content and communications (including Submitted Material) from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such communications.
We do not endorse or approve (or even control) any content, post or links provided by users, or any representation, opinion, recommendation, content, request or advice expressed therein, and we expressly disclaim any and all liability in connection with Submitted Material.
Modifications To This Agreement And The Site
We have the right, at our sole discretion, to append, modify, or replace this Agreement or the Service at any time. Any updated Terms and Conditions of Use Agreement shall become effective thirty (30) days after posting, and will apply to all use of the site from the effective date onward. Changes in Service will be posted on the Site and/or sent via e-mail to You. If any portion of this Agreement or any change of this Agreement of the Service is unacceptable to You or will cause You to no longer be in compliance with the Agreement, and we are unable to accommodate any modifications You request, You may and should cancel Your account. Continued use of the Service now or following posted notices of changes in this Agreement, (notice is given by changing the date of last revision), means that You have accepted and are bound by the changes.
Disclaimer of Warranties; Liability Limitations
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE MATERIAL ON OR AVAILBLE THROUGH THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE HEREIN OR ACCESSED BY MEANS HEREOF), AND THE SITE ITSELF, ARE TO THE EXTENT ALLOWABLE BY LAW PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIM ITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE IS AT YOUR SOLE RISK.
YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SITE AND ANY INFORMATION ON THE SITE. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR EMPLOEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF WE OR ANY OF OUR EMPLOYEES OR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY IN ANY EVENT IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID FOR USE OF THE SITE AND YOU HEREBY RELEASE US AND OUR EMPLOYEES AND REPRESENTATIVES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION, TO THE EXTENT ALLOWABLE BY LAW.
Without in any way limiting the preceding, you acknowledge and agree that:
a) We do not endorse or approve (or even control) any content or messages provided by users, including chat hosts, or any representation, opinion, recommendation, content, request or advice expressed therein, and that You may be exposed to content and communications that are inaccurate, offensive, indecent, or objectionable, and that and we expressly disclaim any and all liability in connection with Submitted Material;
b) Using the Adultspace Website may expose You to content and communications (including Submitted Material) from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such communications;
c) You also agree to waive any liability or claim against us for the conduct of others, in any way related to the Site, that harms you; and
d) If you arrange a real-world meeting with someone you encounter through our Service, you understand that we make no representations whatsoever about such persons, and that such meeting may expose to various forms of danger, abuse, crime, fraud and the like, and that with respect to any such meeting, You waive any legal or equitable rights or remedies You have or may have against us, and agree to indemnify and hold Adultspace, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law.
You agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses (including, but not limited to, attorney fees) resulting from any claims that You assert, or may assert, based on or relating to Your use, or the use of any individual using Your password, of this website. You further agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses resulting from claims of third parties, including, but not limited to, attorney fees, that result in whole or in part from violations by You, or any individual using Your password, of any of the terms of this Agreement.
Although we contractually require all content providers to obey the law and obey our stringent rules and regulations, we have no actual control over their conduct. You understand and agree that we do not and cannot review the content related to our site or supplied by users. Therefore, the only way we can police this site is to rely on users’ reports of abuse. Please use this link to tell us about any improper, unfair or illegal conduct related to our Site.
You may not assign any of Your rights hereunder.
Jurisdiction and Law
This Agreement is governed by the law of the State of California, without regard to its principles on conflicts of laws, and the federal law of the United States of America. Each of the parties does hereby agree that any action to enforce, or arising out of or related to, this Agreement, will be decided by the state and Federal courts located in Los Angeles county, California and agrees to submit themselves to the jurisdiction of the courts of that forum.
The ownership and proprietary rights provisions set forth in this agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement and any obligations hereunder for any reason.
The unenforceability or invalidity of any term, provision, section or subsection of this Agreement shall not affect the validity or enforceability of any remaining terms, provisions, sections or subsections of this Agreement, but such remaining terms, provisions, sections or subsections shall be interpreted and construed in such a manner as to carry out fully the intention of the parties hereto.
The fact of authorship by or at the behest of a party shall not affect the construction or interpretation of this Agreement.
We reserve the right to terminate Your account at any time, including deletion of Your messages and Content, with cause or without cause, in the event of any breach of this Agreement by You (or anyone using Your account), or any other circumstances which, in our discretion, justify termination. Further, we reserve the right to change the features of the Site at any time, either generally or selectively, at any time for any reason.
At any time, and without cause, subscription to the Website may be terminated by Adultspace or by electronic mail to email@example.com. When the member requests the termination, subscription fees are NOT refunded. Subscribers are liable for charges incurred by them until termination of service. The cancellation deadline is at least 3 days prior to the expiration date of the VIP access.
When the member requests the termination, subscription fees are NOT refundable. Should a refund be issued by Adultspace, all refunds will be credited solely to the payment method used in the original transaction. Adultspace will not issue refunds by cash, check, or to another credit card or payment mechanism.
This Agreement embodies the entire agreement and understanding of the parties and supersedes all prior agreements, representations and understandings between the parties hereto relating to the subject matter hereof.
Official correspondence should be sent via postal mail to:
NL 5971BV Grubbenvorst
contact mail: firstname.lastname@example.org