BDSM - Fetish Community & Dating Site BDSM - Fetish Community & Dating Site
Acceptance of Terms of Service
Conditions on Use of the Service
Deviantside grants you permission to access and use the Service as set forth in these TOS, and in exchange you represent, warrant and agree as follows:1. You will access and use the Service solely for your own personal use. 2. You will comply with all applicable laws and regulations in using the Service and any content of the Service. 3. You will not use the Service in any illegal manner or for any illegal purpose, in any other manner that could damage, disable, overburden or impair the Service, or in any manner inconsistent with these TOS. 4. You will not use any automated system, software, or device to use the Service or obtain content or information from the Service. 5. You will not use any automated system, software, or device to generate or send unsolicited communications to, from, or through the Service; 6. You will not collect personally identifiable information, including without limitation account names or e- mail addresses, from the Service or, nor use the communication systems provided by the Service for purposes of sending any commercial solicitation, except as expressly permitted by these TOS. 7. You will not upload, post, or otherwise transmit any material that contains software viruses or any other computer code designed to interfere with the functionality of the Service or any other computer software or hardware or telecommunications equipment. 8. You will not defeat or interfere with any security feature of the Service, or attempt to do so. 9. You will not alter or modify any content or component of the Service, other than content you have uploaded using the Service. 10. You will not reproduce, duplicate, copy, sell, trade, resell or exploit, for any commercial purpose, any content (other than content you have uploaded using the Service) or any component of the Service, or any use of or any access to the Service, without the prior written permission of Deviantside. 11. You will not post any content that may offend, discriminate, segregate or generally put down other users in the lifestyle. We pride ourselves on being an open community. General douchebaggery will get the ban hammer.
Your Conduct and Your Use of the Service
The Deviantside Service and all of its components are intended only for adults who may legally access and use them. The Service provides access to sexually explicit material. In addition, the Service provides you with the ability to communicate with other users of the Service, to interact with members online, and to upload, store, and share content.You are responsible for your own use of this Service. You acknowledge that you are solely responsible for any audio, video, music, text, links, or other content that you post, publish, upload, display or communication through the Service (collectively "User Content"), and for the consequences of posting, publishing, uploading or displaying any User Content.The Service provides you with the ability to upload User Content either through the Deviantside website, or through the Deviantside Community. User Content uploaded through the Deviantside website will generally be made public. When you upload User Content through the Deviantside Community, you may choose to keep the content private (meaning only you or another person with the ability to use the account you create will have access to the content), to share it with specific other members of the Deviantside Community, or to make it public. You consent to the public dissemination of all User Content you submit through the Deviantside website, that you upload through the Deviantside Community and designate as public, or that you communicate using any other feature of the Service that does not expressly provide for limited access to User Content. You understand that once made public User Content cannot be made private again. You understand and agree that User Content you communicate using the Service may be recorded, stored, copied and/or retransmitted by Deviantside, including but not limited to User Content that you upload through the Deviantside Community and designate as public or to be shared with specified members, audio or video content submitted to the Deviantside Blog.You agree that you will not use the Service to post, transmit, or share User Content that you did not create or that you do not have permission to use and share through the Service. You affirm that you have all intellectual property rights (including without limitation copyright and trademark rights), licenses, and permissions that are needed to use and to authorize Deviantside to use User Content you provide in the manner described in these TOS. By submitting, uploading or posting User Content, you warrant that it does not infringe any intellectual property rights of another person.You understand it is generally illegal to record or publish any sexually explicit video without the consent of all participants to the recording and publication of such material. You also understand that it may be illegal to publish any video or audio recording of another person for a commercial purpose without their consent. By submitting or posting User Content, you warrant that every person depicted in any sexually explicit material contained in the User Content has consented to the recording of that material and its publication in the manner contemplated by these TOS. Merely publishing or displaying User Content through the Service does not necessarily constitute using it for a commercial purpose. Nonetheless, by submitting or posting User Content you also warrant that you have obtained any and all permissions, releases, and consents necessary to record, publish and display the User Content for a commercial purpose.You understand that it is illegal to possess or distribute any depiction of a minor engaged in any actual or simulated sexually explicit conduct. You agree that you will not use the Service to solicit, post, transmit, or share child pornography. The use of the Service to publish or transmit child pornography will not be tolerated. If identified, it will be reported to law enforcement authorities, and will result in termination of your account. By submitting or posting any User Content containing sexually explicit material, you warrant that you have determined, through personal knowledge or the use of appropriate legal forms of identification, that all persons depicted in any sexually explicit material are at least 18 years of age, and have reached the legal age determined by the governing law of your country to participate in the recording and publication of sexually explicit material.You agree that you will not use the Service to post, transmit, or share User Content that is defamatory or invasive of the privacy of another person, graphically violent, physically threatening, intended for any illegal purpose, or otherwise illegal. By submitting or posting User Content, you warrant that it is not defamatory or invasive of the privacy of any other person, graphically violent, physically threatening, or otherwise illegal.You acknowledge that Deviantside does not promise that any User Content you submit to it or that you communicate using the Service will be maintained by Deviantside. You are solely responsible for creating backup copies of and replacing any User Content you submit to Deviantside or post on the Service, at your own cost and expense. You agree that Deviantside has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content. Deviantside retains the right to create limits on use and storage at its sole discretion, at any time, with or without notice.By accessing or using the Service, you acknowledge and agree that Deviantside is engaged in the transmission, storage, retrieval, hosting, formatting or translation (or any combination thereof) of the User Content provided by the Service without selection or alteration of the User Content, and that all User Content provided by the Service is governed by section 230(c) of Title 47 of the United States Code (47 U.S.C. § 230(c)) and by section 2257(h)(2)(B)(v) of Title 18 of the United States Code (18 U.S.C. § 2257(h)(2)(B)(v).)
Rights to the Content on the Service
All content and components of the Service other than User Content ("Deviantside Content"), including without limitation, the software, text, photos, video and audio content, graphics, interactive features and advertisements, and all trademarks, service marks and logos used in the Service, are owned by Deviantside, or are licensed to Deviantside subject to copyrights or other intellectual property rights held by others. Deviantside reserves all rights to the Deviantside Content, User Content, and any other component or content of the Service not expressly granted to you by these TOS.Deviantside provides the Service for the personal, non-commercial use of viewers, visitors, subscribers or potential subscribers of the Service. You are granted a personal, non-exclusive, nontransferable license to view, on a single computer only, the content of the Service. Deviantside reserves the right to limit the amount of materials viewed. Commercial use of any content of the Service, other than your own commercial use of User Content you have uploaded, is strictly prohibited. In addition, except with respect to User Content that you have uploaded, you may not: (i) modify any of the materials provided by the Service; (ii) copy, reproduce, publically display or perform, distribute, or prepare derivative works from any of the content of the Service; (iii) remove, modify or alter any copyright, trademark, or other attribution or proprietary notice from any of the materials used in the Service; or (iv) otherwise transfer any material provided through the Service to any other person or entity. Deviantside reserves the right to terminate this license at any time if you breach or violate any provision of these TOS, in which case you will be obligated to immediately destroy any materials you have obtained from this Site. Deviantside does not assert any ownership over your User Content; rather, as between Deviantside and you, subject to the rights granted to us in these TOS, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. When you submit or communicate any User Content using the Service, you also authorize Deviantside to record and make such copies thereof as it deems necessary in order to facilitate the posting, maintenance, and storage of the User Content as part of the Service.Objectionable or Inappropriate ContentBy its very nature, the Service may include offensive, harmful, inaccurate or otherwise offensive or objectionable material. In some cases, the Service may include content that has been mislabeled or is otherwise deceptive. Please use caution and common sense and exercise proper judgment when using the Service. Deviantside does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any content provided by the Service. You acknowledge that any use of or reliance on material provided by the Service will be at your own risk.Deviantside may review any content provided by the Service, including any User Content uploaded using the Service, and reserves the right to refuse to distribute any such content or to remove any content from the Service, in it sole discretion. However, you acknowledge and agree that Deviantside is not obligated to remove any content from the Service, unless and until it is established pursuant to the requirements of the law that the content is illegal.If you believe any content provided by the Service is illegal or violates these TOS, you may inform Deviantside by using our contact form. Deviantside will review your message and the content to which you object (assuming it is still available through the Service). Deviantside may remove the content if, in Deviantside''s judgment, it is illegal or otherwise inappropriate. However, please understand that deciding whether content is inappropriate is a judgment call, and that Deviantside is not legally responsible for content that it does not originate. Neither is Deviantside legally responsible for removing content that it deems inappropriate from the Service.Deviantside reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to do any of the following: (1) satisfy any applicable law, regulation, legal process or legitimate governmental request; (2) enforce these TOS, including investigation of potential violations hereof; (3) detect, prevent, or otherwise address fraud, security or technical issues; (4) respond to user support requests; or (5) protect the rights, property or safety of Deviantside, its users and the public. You agree that Deviantside will not be liable for exercising or failing to exercise any of these rights.
Deviantside respects the intellectual property rights of others. We prohibit users from uploading, posting or otherwise transmitting materials that violate the intellectual property rights of others. When we receive notification of alleged copyright infringement that complies with the Digital Millenium Copyright Act (17 U.S.C. § 512, the "DMCA"), we promptly remove or disable access to the allegedly infringing material. We also terminate the accounts of repeat infringers. If you are a copyright owner or an agent thereof and you believe that any content of the Service infringes your copyrights, you may submit a notice by following the directions on our DMCA Page.
Names and Trademarks
Deviantside, Deviantside.com, and other Deviantside logos and product or service names are trademarks of Deviantside. All other trademarks used in the Service are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. Sponsors, Advertisers and Third PartiesThe Service may provide links to sponsor, advertiser, or other third party websites that are not owned or controlled by Deviantside. Inclusion of, linking to, or permitting the use or installation of any third party site, applications, software, content or advertising does not imply approval or endorsement thereof by Deviantside. Deviantside has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third parties. By accessing or using the Service, you agree to release Deviantside from any and all liability arising from your use of any third-party website, content, service, or software accessed through the Service.Your communications or dealings with, or participation in promotions of, sponsors, advertisers, or other third parties found through the Service, are solely between you and such third parties. You agree that Deviantside shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with such sponsors, third parties or advertisers, or as the result of their presence in the Service.
Deviantside may, in its sole discretion, terminate your access to the Service, delete any content or information that you have posted or communicated through the Service, and/or prohibit you from using the Service, at any time, with or without notice, and for any reason, including but not limited to violation of these TOS.Disclaimer of WarrantiesYOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Deviantside EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, AND WITHOUT LIMITATION, Deviantside MAKES NO WARRANTY THAT: (1) THE SERVICE WILL MEET YOUR REQUIREMENTS; (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (5) ANY ERRORS IN THE COMPONENTS OR CONTENTS OF THE SERVICE WILL BE CORRECTED; OR (6) OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. No advice or information, oral or written, obtained by you from Deviantside, shall create any warranty not expressly stated in these TOS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Deviantside SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Deviantside HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE.IN PARTICULAR, AND WITHOUT LIMITATION, Deviantside WILL HAVE NO LIABILITY FOR DAMAGES ARISING FROM: (1) ACCESSING, DOWNLOADING, OR OTHERWISE OBTAINING ANY CONTENT OR COMPONENT OF THE SERVICE, EVEN IF IT RESULTS IN THE INADVERTENT TRANSFER OF HARMFUL COMPUTER CODE, SUCH AS VIRUSES, MALWARE, OR SPYWARE; (2) UNAUTHORIZED ACCESS TO OR DISCLOSURE OR ALTERATION OF YOUR POSTINGS, TRANSMISSIONS OR DATA; (3) CONTENT OR CONDUCT OF ANY THIRD PARTY PROVIDED THROUGH THE SERVICE; OR (4) AS OTHERWISE PROVIDED IN THESE TOS.UNDER NO CIRCUMSTANCES WILL RETUBE''S TOTAL LIABILITY FOR ANY AND ALL CLAIMS BY YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE EXCEED THE GREATER OF THE AMOUNT PAID BY YOU TO Deviantside OR $100.Exclusions and Limitations SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS ON LIABILITY AND DAMAGES MAY NOT APPLY TO YOU.THE PROVISIONS OF THIS AGREEMENT THAT PROVIDE FOR LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES, OR EXCLUSION OF DAMAGES ALLOCATE RISKS BETWEEN YOU AND Deviantside. THAT ALLOCATION IS REFLECTED IN THE DELIVERY OF FREE CONTENT TO YOU BY Deviantside, AND IS AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THIS AGREEMENT.
You agree to hold harmless and indemnify Deviantside, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys'' fees, of every kind and nature. Deviantside will make reasonable efforts to provide you with written notice of any such claim, suit or action, but the failure of Deviantside to provide such notice will not relieve you of these obligations.
If any provision of these TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of the TOS will remain in force.Non-Waiver The failure of Deviantside to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties'' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Choice of Law
The agreement created by these TOS, and any dispute arising from or relating to these TOS or the provision or use of the Service, will be governed by the laws of the Toronto, Ontario Canada, without giving effect to conflict of laws provisions.Arbitration & Class Action WaiverYou and Deviantside agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Deviantside hereby waive any right to a jury trial of any dispute we have that is subject to this arbitration agreement. Neither you nor Deviantside may bring a claim against the other as a class action. Neither you nor Deviantside may act as a private attorney general or class representative, nor participate as a member of a class of claimants with respect to any dispute or claim between us.As used in this arbitration agreement and waiver, the terms "Deviantside" and "you" include Deviantside''s and your respective owners, officers, directors, shareholders, employees, subsidiaries, affiliates, agents, predecessors in interest, successors, attorneys, and assigns. This arbitration agreement and waiver will be interpreted broadly, and will encompass all disputes between you and Deviantside, including, but not limited to claims that relate in any way to the relationship between you and Deviantside, your use of the Service, and any advertising or content of the Service, regardless of legal or equitable theory.This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies. Such agencies can, if the law allows, seek relief from us on your behalf. Moreover, you and Deviantside have the right to bring qualifying claims in small claims court.