Effective Date: August 28, 2024
Acceptance of the Terms of Service
These terms of service are entered into between you andFetishFinder, a Nevada limited liability company (“we,” “our, ” or “us”). The following terms of service and any documents it references, including but not limited to (1) the Acceptable Use Policy, (2) the Referral Program Terms, (3) the Complaints Policy, (4) the Appeals Policy, (5) the DMCA Policy, and (6) the Privacy Policy (collectively, “agreement”), governs your access to and use of www.fetishfinder.com, including any content, functionality, and services offered on or through www.fetishfinder.com (“FetishFinder”), whether as a guest or a registered user.
Please read the terms of service carefully before you use FetishFinder. By using FetishFinder or by clicking to accept or agree to the terms of service when this option is made available to you, you accept and agree to be bound and abide by these terms of service. If you do not want to agree to these terms of service, you must not access or use FetishFinder.
| These terms of service contain provisions that govern how claims you and we have against each other are resolved (see "Warranty Disclaimers," "Limitation of Liability, " and "Dispute Resolution" provisions below). It also contains an arbitration and class action waiver (see "Arbitration and Class Action Waiver" ) (the "Arbitration Agreement"). Except for certain types of disputes described in the Arbitration Agreement, you and we agree that any disputes arising out of these terms of service or FetishFinder will be resolved through binding arbitration. By accepting these terms of service, you and we are each waiving the right to a trial by jury or representative proceeding or to participate in any class action lawsuit or class-wide arbitration. |
FetishFinder is offered and available to users who are at least 18 years of age or older, who have reached the age of majority where they live, who live in jurisdictions that do not prohibit websites with adult-oriented material, and who do not otherwise find adult-oriented material offensive. By using FetishFinder, you state that the following facts are accurate: (1) you are of legal age to form a binding contract with us; (2) you are of legal age in your jurisdiction to view adult content; (3) you are not located in a jurisdiction where the viewing or distribution of adult-oriented material is prohibited or restricted; and (4) you do not otherwise find adult-oriented material offensive. If any of these statements is untrue, you must not access or use FetishFinder. You must not use any technology, including a Virtual Private Network (VPN), proxy server, or similar tool, to circumvent geographic restrictions that apply to access or use of FetishFinder. It is your responsibility to ensure compliance with all local laws and regulations applicable to your access and use of FetishFinder.
Definitions
In these terms of service, the following definitions apply:
"Content" means any material Published to FetishFinder by any User, including but not limited to photos, videos, audio, livestream material, data, text, metadata, images, interactive features, emojis, GIFs, memes, and any other forms of media or content, whether now known or afterward devised.
"Creator" means a User who has set up their FetishFinder account to Publish Content for Fans to view, including but not limited to photos, videos, audio, and other digital media.
"Creator Earnings" means the portion of a Fan Payment payable to a Creator under these terms of service after deducting all fees, charges, and relevant tax with holdings.
"Creator Interaction" means any interaction on FetishFinder that grants access to a Creator’s Content, including but not limited to (1) a Subscription, (2) a payment for pay-per-view Content, and (3) any other interaction or payment between a User and a Creator’s account or Content, including direct messages and tips.
"Fan" means a User who has registered for an account and who can access and engage with a Creator’s Content via a Creator Interaction.
"Fan Payment" means a payment made by a Fan to access or engage with a Creator’s Content through a Creator Interaction.
"Publish" means publish, upload, display, post, type, input, or otherwise share any photos, videos, audio, livestream material, data, text, metadata, images, interactive features, emojis, GIFs, memes, or any other material on FetishFinder.
"Subscription" means a Fan’s agreement to obtain access for a specific period to all content that a Creator makes available to Fans in exchange for recurring payments, subject to automatic renewal unless canceled by the Fan. This excludes individually priced content.
"User" means any individual or entity who registers for an account on FetishFinder, whether as a Creator, Fan, or both (also referred to as "you" or "your").
Changes to the Terms of Service
We may revise and update these terms of service on one or more occasions. All changes are effective immediately when we post them and apply to all access to and use of FetishFinder afterward, except that any changes to Dispute Resolution will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on FetishFinder. Your continued use of FetishFinder after the posting of revised terms of service means that you accept and agree to the changes. You should check this page frequently so you are aware of any changes, as they are binding on you.
Communications
We may communicate with you through electronic means, including but not limited to email, electronic messages to your account, or notifications posted on FetishFinder. These communications might include, but are not limited to:
Updates or changes to the agreement.
Notices regarding your account, including security issues, suspensions, or terminations.
Information about new features, services, or promotions.
Responses to customer support inquiries.
Email Notifications. You must provide and maintain a valid email address associated with your FetishFinder account. You acknowledge that any notices sent to the email address on file will be deemed received by you.
Account Notifications. Certain important notifications may also be sent directly to your FetishFinder account. You must regularly check your account for those notifications.
Opt-Out and Unsubscribing. You may opt out of non-essential communications, including marketing emails, by following the unsubscribe instructions included in those communications. However, you cannot opt out of essential communications related to your account or legal notices.
Changes to Contact Information. It is your responsibility to keep your contact information, including your email address, current and accurate. FetishFinder is not responsible for any missed notifications due to outdated or incorrect contact information.
Accessing FetishFinder and Account Security We may withdraw or amend FetishFinder and any service or material we provide on FetishFinder without notice. We will not be liable if any part of FetishFinder you are accessing is unavailable. On one or more occasions, we may restrict access to any part of FetishFinder to Users.
You are responsible for both:
Making all arrangements necessary for you to have access to FetishFinder.
Ensuring that all persons who access FetishFinder through your internet connection are aware of these terms of service and comply with them.
To access FetishFinder or any of the resources it offers, you will be required to provide certain registration details or other information. It is a condition of your use of FetishFinder that all the information you provide on FetishFinder is accurate. All information you provide to register with FetishFinder or otherwise, including, but not limited to, through the use of any interactive features on FetishFinder, is governed by our Privacy Policy , and you consent to all actions we take regarding your information consistent with our Privacy Policy.
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 that information as confidential, and you must not disclose it to any other person or entity. Your account is personal to you, and you must not provide any other person with access to FetishFinder or portions of it using your username, password, or other security information. You must notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also must 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 cannot view or record your password or other personal information.
We may disable any username, password, or other identifier, whether chosen by you or provided by us, for any reason, including if, in our opinion, you have violated any provision of these terms of service or engaged in fraudulent or illegal activities.
Intellectual Property Rights
FetishFinder and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of it) are owned by us, our licensors, or other providers of that material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on FetishFinder, except as follows:
Your computer may temporarily store copies of those materials in RAM incidental to your accessing and viewing those materials.
You may store files automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of our site for your own personal, noncommercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use (unless you are a Creator), on condition that you agree to be bound by our end user license agreement for those applications.
If we provide social media features with certain content, you may take those actions as are enabled by those social media features.
You must not:
Modify copies of any materials from FetishFinder.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from FetishFinder.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of FetishFinder in breach of these terms of service, your right to use FetishFinder will terminate immediately, and you must, at our option, return or destroy any copies of the materials you have made. No interest in FetishFinder or any content on FetishFinder is transferred to you, and we reserve all rights not granted. Any use of FetishFinder not permitted by these terms of service is a breach of these terms of service and might violate copyright, trademark, and other laws.
Trademarks
The PACTM name, the term FETISHFINDER, our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of us or our affiliates or licensors. You must not use those marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on FetishFinder are the trademarks of their respective owners.
Prohibited Uses
You may use FetishFinder only for lawful purposes and in accordance with these terms of service and our Acceptable Use Policy. You must not use FetishFinder:
In any way that violates any federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or reuse any material that does not comply with the Acceptable Use Policy.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or try to impersonate us, any of our employees, another User, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the preceding).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of FetishFinder, or that, as determined by us, might harm us or Users, or expose them to liability.
Additionally, you must not:
Use FetishFinder in any manner that could disable, overburden, damage, or impair FetishFinder or interfere with any other person’s use of FetishFinder, including their ability to engage in real-time activities through FetishFinder.
Conduct, facilitate, authorize, or permit any text or data mining or web scraping regarding FetishFinder or any services provided through, or concerning, FetishFinder for any purpose, including the development, training, fine-tuning, or validation of AI systems or models. This includes using (or permitting, authorizing, or attempting the use of) (1) any “robot,” “bot,” “spider,” “scraper,” or other automated device, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor, or republish any portion of FetishFinder or any data, content, information, or services accessed through FetishFinder, or (2) any automated analytical technique aimed at analyzing text and data in digital form to generate information or develop, train, fine-tune, or validate AI systems or models that includes but is not limited to patterns, trends, and correlations.
Use FetishFinder or any data published by, contained in, or accessible through, FetishFinder or any services provided through, or concerning, FetishFinder for the purposes of developing, training, fine-tuning, or validating any AI system or model or for any other purposes set out in our Acceptable Use Policy.
Use any manual process to monitor or copy any of the material on FetishFinder, or for any other purpose not authorized in these terms of service, without our prior written consent.
Use any device, software, or routine that interferes with FetishFinder’s proper working.
Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of FetishFinder, the server on which FetishFinder is stored, or any server, computer, or database connected to FetishFinder.
Attack FetishFinder by a denial-of-service attack or a distributed denial-of-service attack.
Otherwise try to interfere with FetishFinder’s proper working.
Content
Your Content is not confidential, and you authorize your Fans to access and view your Content on FetishFinder for their own lawful and personal use, and in accordance with any licenses that you grant your Fans.
You are responsible for all Content you Publish on FetishFinder. If you are a Creator and someone else assists you with operating your Creator account, this does not affect your legal responsibility. Our relationship is with you and not with any nonparty, and you will be responsible for ensuring that all Content Published and all use of your account complies with this agreement.
You hereby grant us a perpetual, nonexclusive, worldwide, royalty-free, transferable, sublicensable license to your Content that allows us to perform any act necessary to operate FetishFinder and our related products and services. This includes reproducing, making available or displaying to the public, distributing, creating derivative works, and otherwise using your Content, including for improving the features and functionalities of FetishFinder and our related services, as well as for training and enhancing our AI systems and models solely for content moderation purposes. Except as required by law, you waive any moral rights you might have under any law to object to the treatment of your Content.
We will not sell your Content to other platforms. However, in the event of a sale of our company or its assets, any licenses you have granted us may be transferred.
For each item of Content you Publish to FetishFinder, you state that the following facts are accurate:
The Content complies with this agreement and all laws.
You own the Content (including all intellectual property rights) or have obtained all necessary rights, licenses, consents, and releases to Publish, distribute, display, publicly perform, and monetize the Content on FetishFinder, and to authorize our later use of the Content.
The Content does not infringe or violate the intellectual property rights of any non-party.
If the Content includes nonparty material, you have secured all necessary rights, licenses, consents, and releases for its use in the Content and for our later use.
The Content is:
Of satisfactory quality, considering any description, price, and all relevant circumstances, including any statements you make about the Content;
Reasonably suitable for any known purpose the Fan has disclosed to you; and
Accurately described by you.
You are responsible for any Content you Publish, and you, not us, have full responsibility for that Content, including its legality, reliability, accuracy, and appropriateness.te
We are not responsible or liable to any nonparty for the content or accuracy of any Content you Publish.
You must act as custodian of records for all Content you Publish to FetishFinder.
Co-Authored Content
As stated above, you are responsible for all Content you Publish. You may Publish Content that features someone other than you ("Co-Authored Content").
If you Publish Co-Authored Content, you state that each individual in Co-Authored Content you Publish is either (1) a Creator you have tagged using the tool available on FetishFinder or (2) an individual at least 18 years of age whose proof of identity and whose written, informed consent you have obtained to Publish the Content on FetishFinder.
You and each Co-Author will provide us with the necessary documents to confirm you have satisfied the requirements of these terms of service.
If you, or anyone appearing in Co-Authored Content, do not provide any information we request, we may restrict or delete the Co-Authored Content or your account and withhold any portion of your Creator Earnings.
We are not a party to any agreement that you have to create Co-Authored Content or any resulting dispute. All claims arising from Co-Authored Content must be made against the Creator(s) who Published or who appeared in the Co-Authored Content. You will not make any claims against us, and you hereby release us from any claims against us, arising from Co-Authored Content.
Any individual who appears in the Co-Authored Content may withdraw their consent to appear in that Co-Authored Content. Co-Authored Content may be deleted where a participant withdraws consent.
Creator Interactions
As part of a Creator Interaction, the Creator hereby grants the Fan a nontransferable, non sublicensable, nonexclusive license to access the Content to which that Creator Interaction relates. The preceding license does not grant any Fan ownership rights to the applicable Content of a Creator to which a Creator Interaction relates and automatically terminates without notice under any of the following circumstances:
The Fan Payment related to the Creator Interaction was unsuccessful, charged back, or reversed.
The Creator deletes either the applicable Content of a Creator to which a Creator Interaction relates or their Creator account.
An active Subscription period ends.
The Fan’s User account is suspended or terminated.
The Fan breaches this agreement.
The applicable Content of a Creator to which a Creator Interaction relates is removed from the Creator’s account or the Creator’s account is suspended or terminated.
The Fan closes their account.
We may remove any Content from a Creator’s account at any time. The Fan participating in the Creator Interaction acknowledges that Creators may remove Content, including pay-per-view Content at any time.
| The Fan acknowledges that nonparties may assist Creators in operating their accounts and in Creator Interactions. |
Fan Subscriptions and Purchases
Creators are solely responsible for determining any pricing applicable to Creator Interactions. All prices appear, and are charged, in USD. Payment providers may charge currency conversion fees.
Fan Payments are exclusive of sales tax, which will be added at the current rate as applicable to Fan Payments.
Before entering into a Creator Interaction with a particular Creator, you must add payment information to your account.
The Fan entering into a Creator Interaction must pay the applicable Fan Payment plus any applicable sales tax.
You authorize us to supply payment information details to our nonparty payment provider (Segpay) to process Fan Payments.
The payment provider (Segpay) will take (1) periodic payments for Fan Payments that are Subscriptions, and (2) immediate payments for Fan Payments other than Subscriptions. You authorize and consent to each of these payments being debited using your supplied payment information. If you provide details of more than one payment method and a Fan Payment from the first method fails, we will use the other payment method for the Fan Payment.
| By selecting “Subscribe,” you agree to start a Subscription. A Subscription will automatically renew at the current rate (plus tax). You authorize us to charge your payment method again at the end of each subscription period unless (1) your payment is declined and no alternative payment method is provided, (2) the Subscription price has increased, (3) you have disabled the “Auto-Renew” feature on the Creator account you subscribed to, or (4) you close your FetishFinder account before the new subscription period begins. By selecting “Subscribe,” you agree to these provisions and acknowledge that you will not receive further notice regarding the renewal of that Subscription. |
If you cancel a Subscription, you will continue to have access to the Creator’s Content until the end of the current subscription period. After that period ends, no further payments will be taken for that Subscription unless you choose to start a new one. Once the subscription period ends, you will no longer be able to view the relevant Creator’s Content.
You must not make (1) unjustified refund requests or (2) unjustified chargeback requests to your payment card provider regarding any Creator Interaction or tip to a Creator. If we determine that any refund or chargeback request was made in bad faith, we may suspend or delete your User account
You can prepay an amount on FetishFinder ("Wallet Credits") to use for Fan Payments. Purchases on FetishFinder cannot be split; if a purchase exceeds your remaining Wallet Credits, your payment card will be charged the full amount. Wallet Credits are subject to a maximum limit as indicated and do not accrue interest. Wallet Credits are non-refundable, meaning you are not entitled to a refund for any unused Wallet Credits.
Creator Payouts
All Fan Payments will be received and processed by our nonparty payment provider (Segpay).
Depending on the level and type of FetishFinder plan you select, our fee is 10% or 15% of the total Fan Payment and will be deducted from each payment. The preceding fee does not include the fee for the FetishFinder plan that you purchase when you sign up to be a Creator.
Creator Earnings will only be available for withdrawal once they are reflected in your FetishFinder Account.
To withdraw Creator Earnings from your FetishFinder account, your account balance must meet the minimum payout threshold.
All Fan Payments and Creator Earnings are transacted in USD. Your bank or e-wallet provider may charge currency conversion or other fees. We do not control exchange rates, banking charges, or e-wallet provider fees, and we are not responsible for those charges.
If a Fan successfully obtains a refund or chargeback from their credit card provider for a Fan Payment, we may deduct an amount equal to the Creator Earnings portion of the refunded or charged-back amount.
If a lien, levy, or other encumbrance is placed on your Creator Earnings, we may withhold any part of your earnings and suspend or cancel Fan Payments.
Except for direct bank transfer payouts, we do not store the data you provide when registering your payout options with our payment provider (Segpay).
Creators are responsible for managing their own tax obligations. We are not (1) responsible for advising you on tax matters or liable for any general tax information provided on FetishFinder or by our support team or (2) liable for any Creator’s failure to pay taxes.
By using FetishFinder as a Creator, you state that you have reported, and will report in the future, all payments received in connection with your use of FetishFinder to the relevant tax authority in your jurisdiction, as required by law.
If, while holding a FetishFinder account, you become tax non-compliant regarding your use of FetishFinder, or if you are involved in any litigation, inquiry, or investigation related to tax non-compliance, we may close your account, restrict payouts, or restrict earnings from your account.
You are solely responsible for ensuring that you file the necessary tax returns and pay any taxes due on your earnings from FetishFinder. Failure to meet your tax obligations may result in your FetishFinder account being closed or suspended.
Monitoring and Enforcement; Suspension and Termination
We are committed to maintaining a positive and respectful community and do not tolerate inappropriate Content or misconduct. We employ AI systems and models to assist in the moderation and review of Content before it is Published. This includes automated tools designed to detect and remove Content that might violate our Acceptable Use Policy or applicable laws. However, while these AI tools enhance our ability to manage Content efficiently, they are not infallible and might result in errors, including false positives or negatives.
To address these limitations, content moderation will also involve human review to ensure that decisions align with our policies and legal obligations. We encourage Users to report any Content they believe is inappropriate or violates our policies using our Complaints Policy. We will investigate all reported Content and may take appropriate action, which could include removing Content, suspending or deleting accounts, or other corrective measures.
Despite our efforts to ensure accurate content moderation, we are not liable for any errors or omissions in the moderation process. Users acknowledge and accept that some inappropriate Content might not be detected immediately, and we rely on community reports and ongoing improvements to our AI systems and models to address these issues.
We may take one or more of the following actions in connection with our monitoring of FetishFinder:
Content Review and Removal. We may remove or refuse to Publish any Content for any reason. If we suspend access to or remove any of your Content, we will notify you by email or electronic message to your account, but we are not required to give you prior notice of that removal.
Suspension or Deletion of Accounts and Content. We may suspend or delete your account or Content at any time, with or without notice, if:
We believe you have seriously or repeatedly breached these terms of service or our Acceptable Use Policy.
You attempt, or threaten, to breach these terms of service or our Acceptable Use Policy in a way that could have serious consequences for us or another User.
We suspect that your Creator Earnings result from unlawful or fraudulent activity, either by you or by a Fan.
We think your actions might cause harm or loss to us or our reputation.
Pausing and Withholding Payments. During any investigation or review, we may:
Pause Fan Payments due during the suspension period.
Withhold any part of your Creator Earnings.
Suspend, refund, or cancel Fan Payments.
Post-Investigation Actions. After investigating the suspected noncompliance or unlawfulness of any Content or your account, we may take any action we consider appropriate, including reinstating access, permanently removing or disabling access to Content, or deleting your account. We may treat any part of your Creator Earnings as forfeited and may refund or cancel Fan Payments if we determine that a breach or suspected fraudulent activity has occurred. We may use any part of your Creator Earnings to offset any harm or loss we suffer as a result of your breaches of these terms of service or our Acceptable Use Policy. We will notify you of any such action and provide a statement of reasons.
Right to Dispute. You may dispute a Creator Earnings forfeiture decision by following our violates our policies using our Complaints Policy. and dispute an account termination or Content deactivation decision by following our Appeals Policy. If you do not dispute our decision within seven days after we notify you of our decision, you waive your right to dispute that decision. In certain jurisdictions, you may be entitled to bring a claim against us for breach of contract where we remove or restrict access to your Content or FetishFinder in breach of these terms of service.
Post-Termination Content Access. On termination of your account, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy, including by deleting it. You will no longer be able to access your Content, and there is no technical facility on FetishFinder that allows you to retrieve your Content after your account has been terminated (or deleted).
No Refunds for Termination. If your account is terminated for violating these terms of service or our Acceptable Use Policy., any Fan Payments, including prepaid Subscription payments, will not be refunded.
Without limiting the above, we may cooperate with any law enforcement authorities or comply with a court order requesting or directing us to disclose the identity or other information of anyone Publishing Content on or through FetishFinder. We will report any Content that could be considered child sexual abuse material (CSAM) to the National Center for Missing and Exploited Children’s CyberTipline and any other legal and regulatory bodies.
Despite the above, we have no liability or responsibility to anyone for the performance or nonperformance of the activities described above. You hereby waive, and you shall indemnify us and our affiliates, licensees, and service providers against, any claims resulting from any action taken by any of the preceding parties during, or because of, investigations by either those parties or law enforcement authorities.
Reliance on Information Posted
The information presented on or through FetishFinder is made available solely for general information purposes. We are not making any statement about the accuracy, completeness, or usefulness of this information. Any reliance you place on that information is strictly at your own risk. We will not be liable for any reliance placed on those materials by you or any other visitor to FetishFinder, or by anyone who may be informed of any of its contents.
FetishFinder includes content provided by other Users. All statements or opinions expressed in these materials and all articles and responses to questions and other content other than the content provided by us are solely the opinions and the responsibility 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 nonparty for the content or accuracy of any materials provided by other Users.
Copyright Infringement
If you believe that any Content violates your copyright, please see our DMCA Policy for instructions on sending us a notice of copyright infringement. FetishFinder’s policy is to terminate the User accounts of repeat infringers.
Changes to FetishFinder
We may update the content on FetishFinder on one or more occasions, but its content is not necessarily complete or up to date. Any of the material on FetishFinder might be out of date at any given time, and we are not required to update that material.
Information About You and Your Visits to FetishFinder
All information we collect on FetishFinder is subject to our Privacy Policy. By using FetishFinder, you hereby consent to all actions taken by us regarding your information in compliance with the Privacy Policy.
Linking to FetishFinder and Social Media Features
You may link to the FetishFinder homepage, on condition that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our written consent.
FetishFinder may provide certain social media features that enable you to:
Link from your own or certain nonparty websites to certain content on FetishFinder.
Send emails or other communications with certain content, or links to certain content, on FetishFinder.
Cause limited portions of content on FetishFinder to be displayed or appear to be displayed on your own or certain nonparty websites.
You may use these features solely as they are provided by us, solely regarding the content they are displayed with, and otherwise in accordance with any additional terms we provide regarding those features. Subject to the preceding, you must not:
Establish a link from any website that is not owned by you.
Cause FetishFinder or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of FetishFinder other than the homepage or your User account page.
Otherwise take any action regarding the materials on FetishFinder that is inconsistent with any other provision of these terms of service.
The website from which you are linking, or on which you make certain content accessible, must comply with the Acceptable Use Policy.
You must cooperate with us in causing any unauthorized framing or linking immediately to stop. We may withdraw linking permission without notice.
We may disable any social media features and any links without notice.
Links from FetishFinder
If FetishFinder contains links to other sites and resources provided by nonparties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that might arise from your use of them. If you decide to access any of the nonparty websites linked to FetishFinder, you do so entirely at your own risk and subject to the terms for those websites.
Geographic Restrictions
The owner of FetishFinder is based in the State of Nevada in the United States. We provide FetishFinder for use only by persons located in the United States and in jurisdictions that do not prohibit adult websites. We make no claims that FetishFinder or any of its content is accessible or appropriate outside the United States. Access to FetishFinder might not be legal by certain persons or in certain countries. If you access FetishFinder from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
| Warranty Disclaimers You acknowledge that we cannot and do not state that files available for downloading from the internet or FetishFinder will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to FetishFinder for any reconstruction of any lost data. To the extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, computer programs, data, or other proprietary material due to your use of FetishFinder or any services or items obtained through FetishFinder or to your downloading of any material posted on it, or on any website linked to it. Your use of FetishFinder, its content, and any services or items obtained through FetishFinder is at your own risk. FetishFinder, its content, and any services or items obtained through FetishFinder are provided “as is” and “as available,” without any warranties, either express or implied. Neither we nor any person associated with us is making any warranty regarding the completeness, security, reliability, quality, accuracy, or availability of FetishFinder. Without limiting the preceding, neither we nor anyone associated with us is making any warranty (1) that FetishFinder, its content, or any services or items obtained through FetishFinder will be accurate, reliable, error-free, or uninterrupted, (2) that defects will be corrected, (3) that FetishFinder or the server that makes it available are free of viruses or other harmful components, (4) that we will host, make available, or remove any specific item of Content, (5) that we will continue to support any particular feature or maintain backward compatibility with any nonparty software or device, or (6) that FetishFinder or any services or items obtained through FetishFinder will otherwise meet your needs or expectations. To the extent provided by law, we are not making any warranty, whether express or implied, statutory, or otherwise, including but not limited to any warranty of merchantability, noninfringement, and fitness for a particular purpose. The above disclaimers do not affect any warranties that cannot be excluded or limited under law. Limitation of Liability To the extent provided by law, in no event will we, our affiliates, or our licensors, service providers, employees, agents, officers, or managers be liable for damages, under any legal theory, arising out of or in connection with your use, or inability to use, FetishFinder, any websites linked to it, any content on FetishFinder or those other websites or any services or items obtained through FetishFinder or those other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. To the extent provided by law, in no event will we, our affiliates, or our licensors, service providers, employees, agents, officers, or managers be liable for any actions, omissions, or content provided by any nonparty, including other Users, external service providers, or linked websites. This includes disputes, claims, or damages arising from interactions or transactions between Users that occur outside of FetishFinder but are related to its use. To the extent provided by law, in no event will the collective liability of us and our subsidiaries and affiliates, and our licensors, service providers, employees, agents, officers, and managers, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $250 and the amount we have earned through your use of FetishFinder. The above limitation of liability does not apply to liability resulting from our gross negligence or willful misconduct. The above limitation of liability does not affect any liability that cannot be excluded or limited under law. |
Indemnification
You shall indemnify us, our affiliates, licensors, and service providers, and our and their respective officers, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms of service or your use of FetishFinder, including, but not limited to, your Content, any use of FetishFinder’s content, services, and products other than as expressly authorized in these terms of service and our Acceptable Use Policy, or your use of any information obtained from us.
Dispute Resolution
Governing Law
Nevada law governs all adversarial proceedings arising out of this agreement or the FetishFinder platform.
Equitable Remedies
Each party acknowledges that (1) breach by either party of that party’s obligations under this agreement has the potential to cause irreparable harm for which damages would be an inadequate remedy and (2) if any such breach occurs or is threatened and might cause irreparable harm, each party would want a court to grant the other party an injunction, a restraining order, or any other equitable remedy, in each case without posting a bond or other security and without proof of actual damages.
| Arbitration and Class Action Waiver Mandatory Arbitration. You and we are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action regarding a claim. Other rights that you would have if you went to court might also be unavailable or might be limited in arbitration. Arbitration Forum. As the exclusive means of bringing adversarial proceedings to resolve any dispute arising out of this agreement or the FetishFinder platform (other than any proceeding brought by a party seeking an injunction, a restraining order, or any other equitable remedy to which that party is entitled under the Equitable Remedies provision), a party may demand that the dispute be resolved by arbitration administered by National Arbitration and Mediation (“NAM”) in accordance with its Comprehensive Dispute Resolution Rules and Procedures and, if applicable, Supplemental Rules for Mass Arbitration Filings, which are available at https://www.namadr.com/resources/rules-fees-forms/. Judgment on any award rendered in any arbitration may be entered in any court having jurisdiction. The activities described in these terms of service involve interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement and any arbitration. Arbitration Procedures. Any arbitration begun in accordance with this arbitration provision must be conducted by one arbitrator. Any arbitration begun in accordance with this arbitration provision must be conducted virtually using Zoom or a virtual meeting platform that provides similar functionality. If virtual arbitration is not possible due to technical issues, because the arbitrator is unwilling or unable to attend the arbitration virtually, or for one or more other compelling reasons, the arbitration must be conducted in Las Vegas, Nevada, or any other place mutually agreed on by the parties. The arbitrator must not award punitive damages in addition to compensatory damages. Each party hereby waives any right to recover any such damages in any arbitration. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. We will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. The arbitrator will have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the Arbitration Agreement, except that the state or federal courts of Clark County, Nevada, have the authority to determine a Small Claims Exception. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intent to do so within 60 days of the date your claim arose. The small-claims court proceeding will be limited solely to your individual dispute or controversy. Class and Jury Trial Waivers. The parties intend to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative proceeding. The arbitrator must not consolidate more than one person’s claims and must not otherwise preside over any form of a representative or class proceeding. Only individual relief is available. The parties shall sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. This does not prevent either party from participating in a class-wide settlement. You and we knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim. Batch Arbitration. If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar disputes within 90 days of each other, then you and we agree that NAM will administer them in batches of up to 50 claimants each (“Batch”), unless there are less than 50 claimants in total or after batching, which will comprise a single Batch. NAM will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings. Severability. If any provision of this Arbitration Agreement is found unenforceable, the unenforceable provision will be severed, and the remaining portions of the arbitration agreement will remain in force. |
Jurisdiction
If either party brings a proceeding seeking an injunction, a restraining order, or other equitable remedy to which that party is entitled under the Equitable Remedies provision, that party may bring that proceeding only in the United States District Court for the District of Nevada or, only if there is no federal subject matter jurisdiction, in a state court of Nevada sitting in Las Vegas.
Each party hereby waives any claim that any proceeding brought in accordance with this provision has been brought in an inconvenient forum or that the venue of that proceeding is improper.
Recovering Expenses
In an adversarial proceeding between the parties arising out of this agreement or the FetishFinder platform, the prevailing party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses.
Time Limit to File Claims
Apart from proceedings arising from a claim for indemnification, neither party may initiate adversarial proceedings to resolve any dispute arising out of this agreement or the FetishFinder platform more than one year after the date that dispute arose.
Waiver and Severability
No waiver of any provision of this agreement will be effective unless it is in writing and signed by the party granting the waiver. No failure or delay in exercising any right or remedy under this agreement will operate as a waiver of that right or remedy. A waiver granted on one occasion will not operate as a waiver on future occasions.
If any provision of this agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision will be eliminated or limited to the minimum extent so that the remaining provisions of this agreement will continue in full effect.
Entire Agreement
This agreement constitutes the entire understanding between the parties regarding the FetishFinder platform. You acknowledge that because you have not relied on, and will not be relying on, any statements made by us regarding the FetishFinder platform, you will have no basis for bringing any claim for fraud in connection with any such statements.
Feedback
We encourage you to provide feedback about the FetishFinder platform. But we will not treat as confidential any suggestion or idea provided by you, and nothing in this agreement will restrict our right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.
Your Comments and Concerns
FetishFinder is operated by PACTM LLC, 318 North Carson Street #208, Carson City, Nevada 89701.
All notices of copyright infringement claims should be sent to the copyright agent designated in our DMCA Policy in the manner and by the means set out in it.
If you have a complaint about FetishFinder, please refer to our Complaints Policy and our Appeals Policy. All other feedback, comments, requests for technical support, and other communications relating to the FetishFinder platform should be directed to [email protected].
California Users and Residents.
California residents may also send complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.