Last Modified: July 25, 2024
Acceptance of the Terms of Service
By accessing, using, or visiting https://pornsweets.com/ (“we,” “us,” “our,” or this “Website”), you signify your agreement to these Terms of Service, including our policies and related guidelines (collectively “Terms of Service”), and our Privacy Notice, which is incorporated herein by reference.
You may terminate these Terms of Service at any time by refraining from further use of our services.
These Terms of Service apply to all users, including those accessing this Website via computer, mobile device, or other technology, manner, or means.
“Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, textual content, and other materials you may view or access on this Website.
If you do not agree to any of these Terms of Service or our Privacy Notice, please do not access or use this Website.
You consent to entering these Terms of Service electronically and to the storage of records related to these Terms of Service in electronic form.
Ability to Accept Terms of Service
You affirm that:
- You are at least eighteen (18) years of age or the age of majority in the jurisdiction you are accessing and/or using this Website from and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under eighteen (18) years of age or the applicable age of majority, please do not use this Website.
- You also represent that the jurisdiction from which you access this Website does not prohibit the receiving or viewing of sexually explicit Content.
We may require that you provide us and/or our third-party age verification service providers with information to determine that you are over the age of majority required to access this Website and view its Content. For more information on how this information is processed, please review our Privacy Notice. Failure to provide such information when required will lead to the termination or suspension of your access rights to all or part of this Website.
Changes to the Terms of Service
We may amend these Terms of Service from time to time. If we do, we will provide reasonable advance notice in a transparent manner, such as via a pop-up notification on the Website. Unless otherwise communicated by us, you will be deemed to have agreed to the changes unless you notify us in writing before the proposed effective date of the changes that you do not agree. If you do not agree to the changes, you may no longer use our Website after the proposed changes come into effect. In this case, either you or we can terminate these Terms of Service with immediate effect.
Each updated version of these Terms of Service supersedes any prior versions as of the ‘Last Modified’ date found at the top, and any prior version(s) shall have no continuing legal effect.
About This Website
This Website allows for the general viewing of adult-oriented Content by Users, both registered and unregistered. We do not allow for the uploading of content by users; all content is embedded from affiliate websites.
This Website may contain links to third-party sites that are not owned or controlled by this Website or its operator. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites. By using this Website, you expressly relieve us from all liability arising from your use of any third-party sites. We encourage you to be aware when you leave this Website and to read the terms, conditions, and privacy policies of any other sites you visit.
This Website is for your personal use and shall not be used for any commercial endeavor except those specifically endorsed or approved by this Website.
This Website is for adult-oriented Content. Other categories of content may be rejected or deleted at our sole discretion.
You understand and acknowledge that when using this Website, you will be exposed to Content from a variety of sources, and that this Website is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable to you, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against this Website with respect thereto, and agree to indemnify and hold this Website, its operator, its parent corporation, its affiliates, licensors, service providers, officers, directors, employees, agents, successors, and assigns harmless to the fullest extent allowed by law regarding all matters related to your use of this Website.
Communication Preferences/Single Point of Contact
By using this Website, you expressly and specifically consent to receiving electronic communications from us. These communications may involve sending emails to your email address or posting communications on this Website (for example, through notifications upon login). These communications may include notices about your account (such as changes in password or confirmation emails) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.
For communications, please contact us at: support[at]pornsweets.com.
Accessing this Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on this Website, at our sole discretion without notice. We will not be liable if for any reason all or any part of this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of this Website, or the entire Website.
You are responsible for:
- Making all arrangements necessary for you to have access to this Website.
- Ensuring that all persons who access this Website through your internet connection are aware of these Terms of Service and comply with them.
To access this Website or some of the resources it offers, you may be asked to provide certain details or other information. It is a condition of your use of this Website that all the information you provide is correct, current, and complete. You agree that all information you provide to us, including but not limited to through the use of any interactive features on this Website, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person. You are fully responsible for all activities that occur under your username or password. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of this Website using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security by contacting us at: support@pornsweets.com. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Although this Website will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of this Website or others due to such unauthorized use.
If you interact with us or with third-party service providers, you agree that all information that you provide is accurate, complete, and current. You will review all policies and agreements applicable to the use of third-party services. In the event you use our Website over mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees, will still apply.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
Use of Website
You agree that you will only use this Website and our services for the lawful purposes expressly permitted and contemplated by these Terms of Service. You may not use this Website and our services for any other purposes, including but not limited to commercial purposes, without our express written consent.
You agree that you will view this Website and its Content unaltered and unmodified. You acknowledge and understand that you are prohibited from modifying this Website or eliminating any of the Content of this Website, including ads. You must not circumvent, remove, delete, disable, alter, or otherwise interfere with any verification processes, technologies, or security tools used anywhere on this Website or in connection with our services. By using this Website, you expressly agree to accept advertising served on and through this Website and to refrain from using ad blocking software or to disable ad blocking software before visiting this Website.
Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of this Website and as permitted under these Terms of Service. You shall not download, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content that is not permitted in these Terms of Service.
Prohibited Uses and Reporting
If you see any Content you suspect violates applicable law, third-party rights, or these Terms of Service, please report such Content to us using the contact form available at: Content Reporting Form or the “Report” button available below each piece of content.
We do not allow any form of revenge porn, blackmail, or intimidation. Such violations should also be reported using the contact form provided.
You agree that you will not use or attempt to use any method, device, software, or routine to harm others or interfere with the functioning of this Website or use and/or monitor any information related to this Website for any unauthorized purpose.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content. Any determination regarding breach of any of the following is final. Please review the following list of prohibited uses carefully before using this Website. Specifically, you agree not to use any of this Website to:
- Violate any law or encourage or provide instructions to another to do so.
- Act in a manner that negatively affects other Users’ ability to use this Website, including but not limited to by engaging in conduct that is harmful, threatening, abusive, inflammatory, intimidating, violent, or encouraging of violence to people or animals, harassing, stalking, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable.
- Provide or allow access to or by, or engage and/or interact with, any person who has not yet reached at least eighteen (18) years of age, or older in any other location where eighteen (18) is not the minimum age of majority in the applicable jurisdiction.
- Post any Content that depicts any person under 18 years of age (or older in any location where 18 is not the minimum age of majority) whether real, simulated, or animated.
- Post any Content for which you have not maintained written documentation sufficient to confirm that all subjects of your posts are, in fact, over eighteen (18) years of age, or older in any location where eighteen (18) is not the minimum age of majority at the time the Content was created.
- Post any Content depicting, whether actual, realistically portrayed, simulated, or animated, underage sexual activity, non-consensual sexual activity, revenge porn, blackmail, intimidation, snuff, torture, death, violence, incest, racial slurs, or hate speech.
- Post any Content that contains falsehoods or misrepresentations that could damage this Website or any third party.
- Post any Content that is obscene, illegal, unlawful, fraudulent, defamatory, libelous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
- Post any Content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of unauthorized solicitation.
- Post any Content containing sweepstakes, contests, or lotteries, or otherwise related to gambling.
- Post any Content containing copyrighted materials, or materials protected by other intellectual property laws, that you do not own or for which you have not obtained all necessary written permissions and releases.
- Post any Content which impersonates another person or falsely states or otherwise misrepresents your affiliation with a person.
- Use this Website (or post any Content that) in any way that promotes or facilitates prostitution, solicitation of prostitution, human trafficking, or sex trafficking.
- Use this Website to arrange any in-person meetings for purposes of sexual activity for hire or consideration.
- Deploy programs, software, or applications designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, including by engaging in any denial-of-service attack or similar conduct.
- Deploy or use programs, software, or applications designed to harm, interfere with the operation of, or access in an unauthorized manner, services, networks, servers, or other infrastructure.
- Exceed your authorized access to any portion of this Website.
- Remove, delete, alter, circumvent, avoid, or bypass any digital rights management technology, encryption, or security tools used anywhere on this Website or in connection with our services.
- Remove, delete, alter, circumvent, avoid, or bypass any age verification processes, technologies, or security tools used anywhere on this Website or in connection with our services.
- Collect or store personal data about anyone or use, post, or make unauthorized use of anyone else’s information, image, likeness, or Content.
- Alter or modify without permission any part of this Website or its Content, including ads.
- Obtain or attempt to access or otherwise obtain any Content or information through any means not intentionally made available or provided for through this Website.
- Exploit errors in design, features which are not documented, and/or bugs to gain access that would otherwise not be available.
Additionally, you agree not to:
- Use this Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of this Website, including their ability to engage in real-time activities through this Website.
- Use any robot, spider, or other automatic device, process, or means to access this Website for any purpose, including monitoring or copying any of the material on this Website without our prior written consent.
- Use any manual process to download, monitor, or copy any of the material on this Website or for any other unauthorized purpose.
- Use any information obtained from or through this Website to block or interfere with the display of any advertising on this Website, or for the purpose of implementing, modifying, or updating any software or filter lists that block or interfere with the display of any advertising on this Website.
- Use any device, bots, scripts, software, or routine that interferes with the proper working of this Website or that shortcut or alter Website functions to run or appear in ways that are not intended by this Website’s design.
- Introduce or upload any viruses, trojan horses, worms, logic bombs, time bombs, cancelbots, corrupted files, or any other similar software, program, or material which is malicious or technologically harmful or that may damage the operation of another’s property or of this Website’s or our services.
- attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of this Website, the server on which this Website are stored, or any server, computer, or database connected to this Website;
- remove any copyright or other proprietary notices from our Website or any of the materials contained therein;
- remove any copyright or other proprietary notices from our Website or any of the materials contained therein; otherwise attempt to interfere with the proper working of this Website.
Here’s a revised version of the section for PornSweets.com:
Monitoring and Enforcement; Termination
We have the right but not the obligation to take any of the following actions if we detect, or are notified of, any activity or Content on this Website that violates applicable laws, third-party rights, or these Terms of Service. We consider all relevant factors such as the frequency, severity, and impact of a violation, as well as any measures previously imposed on an infringer when deciding on appropriate action:
- Restrict Visibility: We may limit the visibility or accessibility of Content.
- Report to Authorities: We may report violations to law enforcement authorities.
Additionally, we may:
- Remove Content: Remove or refuse to post any Content submitted or contributed to this Website if the information provided is inadequate, incomplete, or inaccurate, or if it does not allow us to verify your identity.
- Monitor Communications: Monitor communications on this Website to ensure compliance with these Terms of Service and legal obligations.
- Take Legal Action: Take appropriate legal action, including reporting to law enforcement, for illegal or unauthorized use of this Website.
We fully cooperate with law enforcement authorities or court orders requesting the disclosure of identity or other information of individuals posting Content on this Website. You waive any claims against us resulting from disclosing personal information in response to legal requests.
PornSweets.com is committed to combatting child exploitation and human trafficking. If we discover Content involving underage individuals or coercion, we will remove it and report it to law enforcement. If you encounter such Content, report it to us.
To maintain the integrity of our services, PornSweets.com may, at its discretion, display, reject, refuse to post, store, maintain, or remove any Content, including private messages, public comments, or group chat messages. We may also review and monitor these communications to address Content we believe to be offensive, illegal, or inappropriate.
We assume no liability for any actions or inactions regarding transmissions, communications, or Content provided by Users or third parties. We are not responsible for the performance or non-performance of these activities.
Here’s the revised version of the “Reliance on Information Posted” section for PornSweets.com:
Reliance on Information Posted
The information presented on or through PornSweets.com is provided solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to this Website, or by anyone who may be informed of its Contents.
This Website includes Content provided by third parties, including materials from other Users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles, responses to questions, and other Content, other than Content provided by us, are solely those of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible or liable to you or any third party for the Content or accuracy of any materials provided by third parties.
Changes to this Website
We may update the Content on PornSweets.com from time to time, but the Content is not necessarily complete or current. Any material on this Website may be outdated at any given time, and we are under no obligation to update or refresh such material.
Information about You and Your Visits to this Website
All information collected on PornSweets.com is governed by our Privacy Notice. By using this Website, you acknowledge that you have read and understand the Privacy Notice and consent to all actions taken by us with respect to your information as described in the Privacy Notice.
Collection and Use of Your Usage Information by Advertisers and Others
PornSweets.com allows third parties to display advertisements on our Website. These third parties may use technologies such as cookies and web beacons to deliver advertisements and collect information about your interactions with the ads and your usage of the Website. In doing so, they may automatically receive your IP address.
We do not control the data collection practices of advertisers. IP addresses, cookies, and web beacons generally do not identify individuals but rather machines. Consequently, advertisers and other parties who serve ads through our Website typically do not know your identity unless you provide personal information by interacting with their ads, entering into agreements with them, or through other means.
Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless PornSweets.com, its operator, its parent company, affiliates, licensors, service providers, officers, directors, employees, agents, successors, and assigns from and against any and all claims, damages, judgments, awards, obligations, losses, liabilities, costs, or expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to PornSweets.com; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third-party rights, including but not limited to any copyright, property, or privacy rights; or (iv) any claim that your Content caused damage to a third party. This indemnification obligation will survive these Terms of Service and your use of PornSweets.com. We shall have the sole right and obligation to control the legal defense against any such claims, including the right to select counsel and to compromise or settle any such claims.
Disclaimers
YOU USE PORNSWEETS.COM AT YOUR SOLE RISK. PORNSWEETS.COM IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, PORNSWEETS.COM DISCLAIMS ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITE AND THE CONTENT OR SERVICES OBTAINED THROUGH IT, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF PORNSWEETS.COM.
WE MAKE NO WARRANTY OR REPRESENTATION ABOUT THE ACCURACY OR COMPLETENESS OF PORNSWEETS.COM’S CONTENT OR THE CONTENT OF ANY THIRD-PARTY SITES LINKED TO PORNSWEETS.COM. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF PORNSWEETS.COM, (iii) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN, (iv) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM PORNSWEETS.COM, (v) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH PORNSWEETS.COM BY ANY THIRD PARTY, AND/OR (vi) ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF CONTENT POSTED ON OR THROUGH PORNSWEETS.COM.
PORNSWEETS.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH PORNSWEETS.COM OR ANY LINKED SERVICE, AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
NO INFORMATION OBTAINED FROM PORNSWEETS.COM OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Limitation of Liability
IN NO EVENT SHALL PORNSWEETS.COM, ITS OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF PORNSWEETS.COM OR SERVICES, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM PORNSWEETS.COM, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH PORNSWEETS.COM BY ANY THIRD PARTY, (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT TRANSMITTED OR MADE AVAILABLE VIA PORNSWEETS.COM, AND/OR (vii) INTERACTIONS YOU HAVE WITH THIRD-PARTY ADVERTISEMENTS, SERVICE PROVIDERS, OR THIRD-PARTY SITES FOUND ON OR THROUGH PORNSWEETS.COM, INCLUDING PAYMENT AND DELIVERY OF RELATED GOODS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, POLICIES, WARRANTIES, OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PORNSWEETS.COM OR ITS OPERATOR WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT PORNSWEETS.COM, ITS OFFICERS, DIRECTORS, OR EMPLOYEES SHALL NOT BE LIABLE FOR CONTENT OR FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU FURTHER ACKNOWLEDGE THAT ANY CONTENT UPLOADED TO PORNSWEETS.COM MAY BE VIEWED, DOWNLOADED, SHARED, AND DISTRIBUTED – POTENTIALLY IN VIOLATION OF YOUR RIGHTS OR THESE TERMS OF SERVICE AND THAT YOU SOLELY ASSUME SUCH RISKS AS A MATERIAL PART OF THESE TERMS OF SERVICE.
YOU AGREE NOT TO FILE ANY ARBITRATION CLAIM, LAWSUIT, OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.
ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR PORNSWEETS.COM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CLAIM IS PERMANENTLY BARRED. ANY CLAIM MAY BE COMPENSABLE BY MONETARY DAMAGES UP TO, IF ANY, A MAXIMUM OF YOUR PAID SUBSCRIPTION FEE IN THE LAST TWELVE (12) MONTHS, AND YOU WILL IN NO EVENT BE ENTITLED TO INJUNCTIVE OR OTHER EQUITABLE RELIEF.
Notice of Litigation
You shall notify us in writing within two (2) working days after becoming aware of or obtaining knowledge of any proceedings or threatened proceedings, including any litigation or governmental proceeding pending against you which could materially adversely affect our business, operations, prospects, property, assets, or condition (financial or otherwise); and any other event likely to materially adversely affect our business, operations, prospects, property, assets, or condition (financial or otherwise).
Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
Arbitration Agreement & Waiver of Certain Rights (US)
This section applies only to Users located in the United States of America.
Except as expressly provided otherwise, you and we agree to resolve any disputes between us (including any disputes involving a third-party agent of ours) through binding and final arbitration rather than through court proceedings. You and we waive any right to a jury trial for any dispute (a “Claim”). All controversies, claims, counterclaims, or other disputes arising between you and us or you and a third-party agent of ours shall be submitted to binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be conducted by a single arbitrator. The arbitrator’s decision will be final and binding and may be enforced in any court of competent jurisdiction. You and we agree that the arbitration proceedings will be kept confidential and that no information or documentation related to the arbitration will be disclosed except as required by law or as necessary to enforce the arbitration award.
The Federal Arbitration Act and federal arbitration law govern this agreement. The arbitrator shall have the exclusive authority to resolve any dispute regarding the interpretation, applicability, enforceability, or formation of these Terms of Service, including claims that any part of these Terms of Service is void or voidable.
If you demonstrate that arbitration costs are prohibitive compared to litigation costs, we will pay the necessary administrative costs and arbitrator’s fees to avoid prohibitive costs. The arbitrator may allocate arbitration costs and arbitrator fees as they deem appropriate in the final award.
This arbitration agreement does not preclude either party from seeking action by federal, state, or local government agencies. You and we also have the right to bring qualifying claims in small claims court. Additionally, either party may seek provisional relief, such as pre-arbitral attachments or preliminary injunctions, from a court of competent jurisdiction, which shall not be considered a waiver of the right to arbitration.
Neither you nor we may participate as a class representative or private attorney general, nor join or consolidate claims with those of other parties. Claims must be arbitrated on an individual basis only. The arbitrator cannot consolidate or join claims of other individuals or parties. The arbitrator may award damages or relief as available under applicable law on an individual basis. However, a “public injunction” can only be issued by a federal or state court. If either party seeks a “public injunction,” other claims must be resolved through arbitration first, and the request for a “public injunction” can be pursued in court only after arbitration is complete. The court will be bound by the arbitrator’s decision under principles of claim or issue preclusion.
If any provision of this section is found invalid or unenforceable, that provision will be severed, and the remainder of the section will continue in effect. No waiver of any provision will be effective unless recorded in writing and signed by the waiving party. This section will survive the termination of your relationship with us.
This section limits certain rights, including the right to court action, the right to a jury trial, the right to participate in class or representative claims, and the right to certain remedies and forms of relief. Some rights available in court may not be available in arbitration.
Arbitration Agreement & Waiver of Certain Rights (EU)
This section applies only to Users located in the European Union.
We cooperate with out-of-court dispute settlement bodies (“Dispute Settlement Bodies”) certified under Art. 21(3) of the DSA. The European Commission provides a list of these bodies.
If you are located in the European Union, you have the right to select a Dispute Settlement Body to assist in resolving disputes related to decisions made by us regarding your uploaded Content or notices you submitted. This applies to cases where complaints remain unresolved by our internal complaint-handling system, as detailed in the “Complaint Handling Procedure” section.
We reserve the right to refuse cooperation with your chosen Dispute Settlement Body if:
- A dispute has already been resolved or is already subject to ongoing procedures before a competent court or another Dispute Settlement Body.
- The Dispute Settlement Body is contacted after the six-month period from the notification of our decision, and you have not previously filed a complaint through our internal complaint-handling system regarding that issue.
Decisions made by Dispute Settlement Bodies are not binding on either party.
We are neither willing nor obligated to participate in dispute resolution proceedings with consumers before a consumer arbitration board under the EU Directive on Consumer ADR.
Miscellaneous
These Terms of Service, your use of this Website, and the relationship between you and us shall be governed by the laws of the Republic of Cyprus, without regard to conflict of law principles. Nothing in these Terms of Service shall constitute an agreement to apply the laws of any other jurisdiction to this Website. You agree that this Website shall be considered a passive Website and does not establish personal jurisdiction over us in any jurisdiction other than the Republic of Cyprus. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to these Terms of Service shall be in an appropriate court located in Limassol, Cyprus. You consent to the jurisdiction and venue of these courts.
No waiver by us of any term or condition in these Terms of Service shall be considered a further or continuing waiver of such term or condition, or a waiver of any other term or condition. Any failure by us to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is found invalid by a court of competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
These Terms of Service, our Privacy Notice, our Copyright Policy, and any documents they expressly incorporate by reference constitute the sole and entire agreement between you and us concerning this Website.
We may terminate these Terms of Service at any time, for any reason or no reason, by notifying you via a notice on this Website, email, or other communication methods. Termination will not affect any of our rights, remedies, claims, or defenses under these Terms of Service. Upon termination, you will no longer have access to your account or your Content. We are not obligated to assist with the migration of your data or Content and may not retain backups of your Content. We are not responsible for deleting your Content under these Terms of Service. Even if your Content is removed from our active servers, it may remain in our archives (though we are not obligated to archive or back up your Content), and will remain subject to the licenses granted under these Terms of Service.