CollarNcuffs.com (“CollarNcuffs”), owned, produced and operated by the Dominion group of associated domains. (AU) CollarNcuffs is a social network for kinksters and people curious about exploring their sexuality. Unless explicitly stated otherwise, any current, updated and new products and services (“Products and Services”), including the addition of new properties, shall be subject to these General Terms and Conditions of Use (“Terms and Conditions”) Terms of Service.
In addition, there are a variety of special products and services offered through CollarNcuffs that have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreement. When you are using any service or product of on CollarNcuffs that does not have a separate legal agreement, the Terms and Conditions set forth here will apply. CollarNcuffs.com also may supplement the Terms and Conditions with posted guidelines or rules applicable to specific areas of CollarNcuffs. In addition, Dominion Group. and/or CollarNcuffs also may offer other services from time to time that are governed by the terms of service of the respective service partners. The dominion Group reserves the right to amend these Terms and Conditions at any time.
By using CollarNcuffs you agree to be bound by these Terms and Conditions. Because the Terms and Conditions contain legal obligations, please read them carefully.
The Terms and Conditions contain a variety of provisions that are generally applicable to the Products and Services and some provisions that apply to particular Products and Services. You should understand that you will be bound by the entire Terms and Conditions.
1 acceptance
2 Membership Terms, Limitations & Conditions
3 Special Considerations Regarding Minors
4 ZERO TOLERANCE POLICY
5 Images and Content
6 Restrictions on Use of CollarNcuffs.com
7 Acceptable Use Policy
8 SPAM Prohibition
9 Disclaimer and Indemnification
10 Intellectual Property Information
11 Limitation of Liability
12 Defamation Or Invasive Material Policy
13 Termination:
14 non-waiver and separability
15 relationship of parties
16 submission of ideas, improvements
17 changes in terms and conditions incl: services
acceptance
By using the Products and Services, you are agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to CollarNcuffs or any Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.
1.1. The Website provides a forum through which adults may seek and establish personal contact with one another through the use of the Website’s capabilities for displaying photographs and written materials provided by its members. The Website contains images and content, including but not limited to text, images, messages, and other information. All Materials displayed on the Website are protected by the First Amendment rights to Free Speech, Free Expression, Freedom of Association and Freedom of the Press, and parallel provisions of state constitutions. The Website is dedicated to assisting like-minded individuals locate, and communicate with, each other. We are not responsible for the content of communications, statements, opinions, posting or other information placed on the Website by third parties, via any discussion board, forum, or public area of the Website. Such information is intended to be protected by the immunity provided by Section 230 of the Communications Decency Act (“CDA”) which immunizes this Website, and its agents and employees, from any claims relating to the content of information posted by third parties. We do not act as a censor of such material. You acknowledge that the Website may offer online content that could be deemed “adult,” “offensive,” or “erotic” in nature. While We may choose to remove content that is identified as illegal, is stolen, or which violates Our policies, We do not edit, review, or change posts made by third parties prior to the information appearing online.
1.2. We do not provide advice, screening, background checks, warranties, guarantees, or information about members. All information about members is provided by the members themselves.
1.3. We do not accept responsibility for any information provided by Our members. You understand that member-provided information may be inaccurate, false, or incomplete. By using the Website, You understand and accept that information presented in other members’ profiles may be false, misleading, inaccurate, or incomplete, that the Website has no responsibility or control over verifying member-provided information. We will however try to police and maintain such actions. Those found with inaccurate, false, or incomplete profiles will be removed.
1.4. The Website does not pre-approve any of its members or users, prior to their use of the Website. It is Your responsibility to properly investigate the background, personality, criminal history, financial condition, or any other relevant factor affecting Your potential compatibility with any other member or user, prior to communicating with, or meeting such person. Most importantly, USE COMMON SENSE! Do not provide any personal information to individuals who may misuse that information to Your detriment. While the Website provides a venue for the exchange of information, ideas and emotion, it does not act as a guarantor of the accuracy of such information, and all users/members are encouraged to approach the veracity of any communications occurring on the Website with a healthy skepticism.
1.5. In light of the above, You hereby discharge, acquit, and otherwise release the Website, its parent corporation, its agents, employees, officers, directors, shareholders, attorneys, and affiliates, from any and all allegations, counts, charges, debts, causes of action, and claims relating in any way to the use of, or activities relating to the use of, the Website including, but not limited to claims relating to the following:
1.5.1. Sexual Harassment, Copyright Infringement, Negligence, Gross Negligence, Reckless Conduct, Alienation of Affections (to the extent recognized in any jurisdiction), Intentional Infliction of Emotional Distress, Intentional Interference with Contract or Advantageous Business Relationship, Defamation, Statutory Rape, Invasion of Privacy, and Misrepresentation or any claim based on Vicarious Liability for Torts committed by individuals met on or through the Website, including but not limited to fraud, assault, battery, stalking, rape, theft, cheating, perjury, manslaughter, or murder.
1.5.2. The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by You. This release is intended by the parties to be interpreted broadly in favor of the Website, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.
1.6. You acknowledge that You are aware of the nature of the Materials and content on CollarNcuffs.com, that You are not offended by such Materials and that You access the Website freely, voluntarily and willingly. You also acknowledge that this Website is intended to contain only images protected by the First Amendment to the United States Constitution. If You are seeking information regarding illegal activities, please leave this Website immediately. You are further aware of the community standards of Your community, and You will only access the content on the Website if you believe, upon diligent investigation, that the content on the Website does not offend the community standards prevalent in Your community. You further agree not to use or access the Website if doing so would violate the laws of Your state, province or country.
2.1. Age of Majority: You represent and warrant You are at least 21 years of age, and that You have the legal capacity to enter into this Agreement. By entering this website you have agreed that you are 21. If you are not at least 21 years of age, You must exit the Website immediately and may not use or access the Website or print or download any Materials from CollarNcuffs.com. You may be asked to verify Your birth date by admin as a condition of entry onto the Website, pursuant to 28 U.S.C. ?1746. You agree not to bypass any security and/or access feature on this Website. Additionally, the Website does not assume any responsibility or liability for any misrepresentations regarding a user’s age.
2.2. Membership: Membership may not be assigned, transferred, or sold to a third party. The Website and its affiliates disclaim any and all liability arising from fraudulent entry and use of the Website. If a user fraudulently obtains access, the Website may terminate membership immediately and take all necessary and appropriate actions under applicable federal, state, and international laws. You agree to only maintain one Membership per person.
2.2 .1 Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various CollarNcuffs.com and its associated domains. registration forms (“Registration Data”) and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or CollarNcuffs.com and its associated domains. has a reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CollarNcuffs.com and its associated domains. has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.
All CollarNcuffs.com and its associated domains. registrations become the exclusive property of CollarNcuffs.com and its associated domains. CollarNcuffs.com and its associated domains. reserves the right to use and reuse all registration and other personally identifiable user information subject to CollarNcuffs.com and its associated domains’ Privacy.
2.3. No Illegal Conduct Allowed: You will not use the Website in any manner inconsistent with any applicable laws or regulations. You may not include any personally-identifying information such as phone numbers, street addresses, Web site addresses, email addresses, Instant Messenger screen names, or any other information that if provided may be used to circumvent the Website’s communication capabilities. You may not use the Website to advertise products or services, nor may You use the Website in order to solicit products or services, unless otherwise permitted by CollarNcuffs.com.
2.3.1 Registered sex offenders convicted of sexual violence and/or non-consensual sexual offenses are not permitted to have accounts on CollarNcuffs. CollarNcuffs.com and its associated domains. does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.
2.4. Email: A key component of the services provided by the Website is email communication sent from Us or through Us to You. By initiating membership, You specifically and explicitly agree to accept, and You consent to receiving commercial and personal email messages sent from Us or sent by other members through Our services. These messages may include emails from other members seeking contact, emails from the Website, emails from the Website regarding potential matches, and emails from the Website regarding promotions, events, and other commercial enterprises that may be part of the services provided by the Website or that constitute advertisements of other services provided by the Website or its parent corporation, subsidiaries, or partners.
2.5. You specifically agree to accept all bulk commercial email that may be sent by the Website, its principals, Affiliates, assigns, successors, parent company, or other persons or corporations acting in conjunction with Us. If You commence membership You are hereby deemed to be engaging in a business relationship with Us. Such business relationships shall permit Us to send You unsolicited email for the purpose of promoting services provided by CollarNcuffs.com or other services as may be offered from time to time by the Website, its parent corporation, subsidiaries, or partners. Cancellation of Your account or other business relationships with Us shall not be deemed to terminate Our relationship with You with respect to the provision of unsolicited commercial email. This business relationship is specifically deemed to continue indefinitely until explicitly terminated by You.
2.6. You may become a member of the Website by completing an online registration form. In connection with completing the online registration form, You agree to:
2.6.1. Provide true, accurate, current and complete information about Yourself as prompted by the registration form (such information being the “Registration Data”); and
2.6.2. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while You are a member. You must promptly inform Website of all changes, including, but not limited to, changes in Your email address.
2.7. If you provide any information that is untrue, inaccurate, not current or incomplete, or Website or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Website has the right to suspend or terminate Your account and refuse any and all current or future use of the Website, as well as subjecting You to criminal and civil liability.
2.8. In connection with completing the online registration form, You agree NOT to register a person other than Yourself, without that person’s written permission. If You register a third party without their written consent, You stipulate to liquidated damages of $50,000.00 per such violation, and You agree to pay any and all fees incurred in the recovery of this amount, including attorneys’ fees and all associated costs. We expressly reserve the right, and You stipulate, that We may assign the rights to sue for these liquidated damages to any third party claiming injury by such violation.
2.9. Member Account, Password, and Security: As part of the registration process, You will be issued a unique user name and password which You must provide in order to gain access to the non-public portion of the Website. You certify that when asked to choose a username You will not choose a name which may falsely represent You as somebody else or a name which may otherwise be in violation of the rights of a third party.
2.9.1. We reserve the right to disallow the use of usernames that We, at Our sole discretion, deem inappropriate, these will include but not be limited to, any title or name that reflects Maledom or position of rank. We reserve the right to cancel, at any time, the membership of any member who uses their selected username in violation of these Terms and Conditions or in any other way We, in Our sole discretion, deem inappropriate.
2.9.2. Your membership, user ID, and password are non-transferable and non-assignable. Only one membership is available per user.
2.9.3. You represent and warrant that You will not disclose Your unique user name and password to any other person and that You will not provide access to the Website to anyone who is below the age of majority in Your state, province, or country, or who otherwise is not eligible to view the content on the Website.
2.9.4. You are solely responsible for maintaining the confidentiality of Your user name and password and are fully responsible for all activities that occur under Your user name and password. CollarNcuffs.com will not release Your password for security reasons.
2.9.5. Regarding additional password and account security, You agree to:
2.9.5.1. Notify the Website of any unauthorized use of Your user name and password or any other breach of security
2.9.5.2.Ensure that You exit from Your account at the end of each session. You are liable and responsible for any unauthorized use of the Website until you notify the Website by email regarding that unauthorized use. Unauthorized access to the Website is illegal and a breach of this Agreement. You indemnify the Website against all activities conducted through Your account.
2.9.5.3 You agree that, while using CollarNcuffs.com and its associated domains’ Products and Services, you will not:
You acknowledge and agree that CollarNcuffs.com and its associated domains. and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation, CollarNcuffs.com and its associated domains. and its designees shall have the right (but not the obligation), at their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms and Conditions or is otherwise objectionable as determined by CollarNcuffs.com and its associated domains. CollarNcuffs.com and its associated domains. may also terminate access to, or membership in, CollarNcuffs, or any portion thereof, for violating these Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of CollarNcuffs, including without limitation, information posted on message boards.
You expressly acknowledge and agree that CollarNcuffs.com and its associated domains. may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of CollarNcuffs.com and its associated domains., its users and the public. You acknowledge and agree that the technical processing and transmission of the Products and Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by CollarNcuffs.com and its associated domains with regard to its users may be disclosed in accordance with CollarNcuffs.com and its associated domains’ Privacy Policy
2.9.5.4 I certify that I am not a member of the media, or that if I am, I am participating on CollarNcuffs solely for my personal enjoyment and not as part of any investigation or gathering of information and that I will not use any such information in any manner without the express written permission of CollarNcuffs. I agree that everything that I observe here will be kept in strict confidence, and that I will do nothing to jeopardies the privacy and identities of any other participant without the expressed written permission of CollarNcuffs.
2.9.5.5 CollarNcuffs.com and its associated domains. claims no ownership interest in any of the Content (including, without limitation, pictures, videos and writing) posted by you on CollarNcuffs, and the copyright to all such Content shall remain with its original owner. By posting Content on CollarNcuffs, you warrant and represent that you own the Content posted by you or otherwise have the right to grant the license set forth in this section, and that such Content does not violate the rights of any third party. You agree to pay all royalties and fees owing to any person by reason of any Content you post on CollarNcuffs.
In order to make it possible for CollarNcuffs.com and its associated domains. to provide the Products and Services, you hereby grant CollarNcuffs.com and its associated domains a limited, non-exclusive, worldwide, royalty-free license to use, reproduce, modify (for example, re-sizing of photos and/or encoding of audio or video files), transmit, publicly display and distribute any Content posted by you on or through CollarNcuffs, and to sublicense such rights solely as necessary to provide the Products and Services.
3 Special Considerations Regarding Minors
3.1. Age of Majority in your country is null and void for reason of entry. In order to use the Website or any services provided by Us, You must have attained the age of majority in your jurisdiction and be over twenty-one (21) years of age, depending on the age of majority in Your jurisdiction and date of joining CollarNcuffs.com, and that You have the legal capacity to enter into this Agreement.
3.1.1. On entry you were asked to comply with age jurisdiction in your country as a condition of entry onto certain areas of the Website containing adult content, pursuant to 28 U.S.C. ? 1746. Accordingly, if You are under age jurisdiction, You committed an act of perjury, this perjury might have been recorded, and this perjury may (and will) be used against You in any court proceeding or other tribunal of any kind.
3.1.2. We specifically disclaim any responsibility or liability for any misrepresentations regarding a User’s age.
3.1.3. You represent and warrant that You will not allow any minor access to this Website. Users should implement parental control protections, such as computer hardware, software, or filtering services, which may help users to limit minors’ access to harmful material. You acknowledge that if Your computer can be accessed by a minor, that You will take all precautions to keep Our Materials from being viewed by minors. You additionally acknowledge that if You are a parent, it is Your responsibility, and not Ours, to keep Our erotic content from being displayed to Your children or wards.
4. WE HAVE A ZERO TOLERANCE POLICY FOR CHILD PORNOGRAPHY AND A ZERO TOLERANCE POLICY REGARDING PEDOPHILES, PEDERASTS OR ANY PEDOPHILIC, PEDERASTIC, OR ADULT PLAY PORTRAYING OR DEPECTING UNDERAGE ACTIVITY OR SIMILAR RELATED ACTIVITY. This includes what some refer to a age play , age regression, Mummy love, adult diaper play. Even if the participants are both of consenting age, WE DO NOT CARE.
4.1. All depictions of all persons on CollarNcuffs.com are of persons over the age of eighteen (18) as of the date of the production of the depiction. We take great measures to ensure that no under-age models appear in any of Our materials.
4.2. If You seek any form of child pornography (including so-called “virtual” child pornography and/or adult diaper play), You must exit this Website immediately. We do not provide this kind of material and We do not tolerate those who provide this kind of material nor do we tolerate consumers of this kind of material.
4.3. In order to further Our zero-tolerance policy, You agree to report any images which You have reason to believe depict minors on CollarNcuffs.com
4.4. Include with Your report any appropriate evidence, including the date and time of identification. All reports will be investigated and the appropriate action will be taken based upon Our reasonable ability to verify the evidence provided.
4.5. We enthusiastically cooperate with any law-enforcement agency investigating child pornography. If You suspect other outside websites are participating in unlawful activities involving minors, please report them to http://www.asacp.org
Images and Content
5.1. CollarNcuffs.com contains images and content, including but not limited to text, software, images, graphics, data, messages, and other information (collectively, “Materials”).
5.2. You acknowledge and stipulate that all of the Materials are expressive content that is fully protected by the First Amendment to the United States Constitution.
5.3. You acknowledge and understand that some of the Materials contain graphic visual depictions of sexual activity and nudity, graphic audio portions of the same kind of content, and descriptions of sexually oriented and sexually explicit activities. You acknowledge that You are aware of the nature of the Materials provided by CollarNcuffs.com and that You are not offended by such Materials, and to the contrary, that You are accessing this Website specifically because You enjoy such expressive content and You wish to view such Materials. You stipulate that you access this Website freely, voluntarily, and willingly, and for Your own personal enjoyment.
5.4. You agree not to use or access the Website if doing so would violate the laws of Your state, province, or country.
5.5. In the event that any court finds that any third party communication or third party content on CollarNcuffs.com falls outside of the realm of Section 230 of the Communications Decency Act (“CDA”), this shall not be deemed to be a waiver of any legal protections provided by CDA? 230 for any and all other content posted on CollarNcuffs.com.
6. Restrictions on Use of CollarNcuffs.com
6.1. You agree that You will only use the Website for purposes expressly permitted and contemplated by this Agreement. You may not use the Website for any other purposes without Our express prior written consent.
6.2. Without Our express prior written authorization, You may not:
6.2.1. Duplicate any part of the Website or the materials contained therein (except as expressly provided elsewhere in this Agreement);
6.2.2. Redistribute or create any derivative works based on the Website or any of the materials contained therein. You agree that any such use is NOT “fair use”;
6.2.3. Use the Website or any of the materials contained therein for any public display, public performance, sale or rental, and You hereby agree and stipulate that any and all such uses are NOT “fair use”;
6.2.4. Remove any copyright or other proprietary notices from the Website or any of the Materials contained therein;
6.2.5. Circumvent any encryption or other security tools used anywhere on the Website (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of the Website);
7. Acceptable Use Policy:
You agree and understand that CollarNcuffs.com permits You to use Our services in order to post content and to communicate with other Users. We are entitled to investigate and terminate Your membership if You have misused the Website, or behaved in a way which could be regarded as inappropriate, unlawful, or illegal. The following is a partial, but not exhaustive, list of the types of actions that are illegal or prohibited under this Agreement.
7.1. Unlawful, harmful, threatening, abusive, harassing, defamatory, invasive of another’s privacy or right to publicity, or harmful to minors in any way, shape, or form;
7.2. Posting content or information that might be considered to be impersonating another person or legal entity
7.3. Any posts with personally identifying information about another person without that person’s prior explicit consent;
7..4. Posting content or information that constitutes SPAM or bulk posting of commercial advertisements for commercial interests;
7..5. Posting content or information that infringes upon any trademark, copyright, or other intellectual property rights of any party;
7.6. You also agree to immediately cease and desist from any contact with any person who so requests such cessation;
7.7. You will not “stalk” or otherwise harass any person, and if any member or other person requests that You cease communications with them, at any time, for any reason, You will immediately comply with said request. Further, You stipulate to liquidated damages of $50,000.00 per such violation, and You agree to pay any and all fees incurred in the recovery of this amount, including attorneys’ fees and all associated costs. We expressly reserve the right, and You stipulate, that We may assign the rights to sue for these liquidated damages to any third party, including the party stalked or otherwise harassed by such violation.
7.8. You will not post on this Website any private information such as address, phone number or any other private identifying information, about anyone other than Yourself, without first obtaining that person’s written consent. Further, You stipulate to liquidated damages of $50,000.00 per such violation, and You agree to pay any and all fees incurred in the recovery of this amount, including attorneys’ fees and all associated costs. We expressly reserve the right, and You stipulate, that We may assign the rights to sue for these liquidated damages to any third party, including the party claiming injury by such violation.
7.9. You agree that You will not use Our services in order to collect any personal data about other users;
7.10. You agree that You will not use Our services in order to conduct any illegal activities at all;
7.11. You agree that You will not use Our services in order to view, transmit, traffic in, or in any other way interact with, provide to any other person, or receive child pornography in any way;
7.12. You will not use Your profile or any other portion of the Website or Our services to promote any other business enterprise, unless otherwise permitted by CollarNcuffs.com, nor will you attempt to use any of Our services to promote an escort service, prostitution, web-cams, or any other form of related enterprise; All profiles will be removed immediately.
7.13. You agree that You will not use Our services in order to view, transmit, traffic in, or in any other way interact with, provide to any other person, or receive obscene materials in any way;
7.14. You agree that You will not use Our services in order to view, transmit, traffic in, or in any other way interact with, provide to any other person, or receive drugs or other illegal substances in any way; No reference to drugs and BDSM play will be allowed to be posted on CollarNcuffs.com
7.15. You will not impersonate any person or entity other than yourself, and will accurately represent Your gender in Your profile and communications;
8. SPAM Prohibition:
You agree not to use any facilities or capabilities of the Website to solicit the performance of any activity that is prohibited by the CAN-SPAM Act dealing with illegal distribution of unsolicited commercial bulk e-mail (“UCBE”), commonly known as “spam,” nor shall members forge or use without authorization any mail header information from any source. Members agree to the Website’s Spam Policy which is hereby incorporated by reference. Any breach of the Website’s Spam Policy will result in immediate termination of Your account, and the immediate provision of Your identity and contact information to the Federal Trade Commission and any other applicable law enforcement agencies.
9. Disclaimer and Indemnification
9.1. If We determine that You or any User has used Our services in violation of any law, Your ability to use the Website may be terminated immediately and We have every right to voluntarily cooperate with law enforcement or private aggrieved parties that We may be legally compelled to do so. We hereby disclaim any liability for damages that may arise from any User providing any services for any purpose that violates any law. You do hereby agree to defend, indemnify and hold Us harmless from any liability that may arise for Us should You violate any law.
9.2. You also agree to defend and indemnify Us should any third party be harmed by Your actions or should We be obligated to defend any claims including, without limitation, any criminal or civil action brought by any party.
9.3. CollarNcuffs.com contains material that may be offensive to third parties. You agree to indemnify and hold Us harmless from any liability that may arise from someone viewing such material and You agree to cease review of the Website should You find it offensive.
9.4. You agree to defend, indemnify, and hold harmless our company, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your (or You under another person’s authority – including without limitation to governmental agencies) use, misuse, or inability to use the Website or any of the Materials contained therein, or Your breach of any part of this Agreement. We shall promptly notify You by electronic mail of any such claim or suit, and cooperate fully (at Your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or defense at Our own expense, and choose Our own legal counsel; however, We are not obligated to do so.
9.5. Pursuant to the Communications Decency Act (“CDA”), 47 U.S.C. ? 230(c)(1), and court decisions interpreting the scope of the CDA, You acknowledge and understand that We operate, through the Website, as an interactive computer service provider. Thus, We are immune from, and cannot be held responsible for, claims arising from the publication of third-party content (including third-party User content), appearing on the Website. We do not create such content, and We are not responsible for the publication or remarks of third-parties that may arguably rise to the level of being actionable under federal or state laws including, but not limited to, the publication of material that might be considered defamatory, or violative of privacy or publicity rights. Note that federal law allows Us to remove any content found to be offensive, defamatory, obscene or otherwise violative of Our policies, without impacting Our status as a computer service provider. Nothing contained in this paragraph is intended to limit or alter the immunity from claims provided by Section 230 of the Communications Decency Act.
10. Intellectual Property Information
10.1. CollarNcuffs.com and the aforementioned name of the Website are Our service mark(s) and/or trademark(s).
10.2. Other companies’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks.
10.2.1 Many features of CollarNcuffs store information on behalf of users. Examples include, but are not limited to chat, Profiles and postings. CollarNcuffs.com and its associated domains reserves the right, in its sole discretion, to limit the amount of storage space available per user or to delete materials stored for an excessive period while the user’s account has been inactive.
10.2.2 advertisers and content linked to the CollarNcuffs network
CollarNcuffs.com and its associated domains. and the CollarNcuffs Companies may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave CollarNcuffs to access third-party material or by bringing the third party material into this site via “inverse” hyper links and framing technology. CollarNcuffs.com and its associated domains. have no control over such sites and resources. You acknowledge and agree that CollarNcuffs.com and its associated domains. are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that CollarNcuffs.com and its associated domains. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the CollarNcuffs Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that CollarNcuffs.com and its associated domains. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.
10.2.3 NO LICENSE; INTELLECTUAL PROPERTY OF CollarNcuffs AND OTHERS
Except as expressly provided, nothing within any of the Products and Services shall be construed as conferring any license under any of CollarNcuffs.com and its associated domains’ or any third party’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate CollarNcuffs and the Products and Services is protected by copyright, trademark, patent, or other proprietary rights of CollarNcuffs.com and its associated domains. and its affiliates, licensors (including, without limitation, Artists), and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by CollarNcuffs.com and its associated domains. in connection with the Products and Services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by CollarNcuffs.com and its associated domains., any of CollarNcuffs.com and its associated domains’ affiliates, or any of CollarNcuffs.com and its associated domains’ service providers. You agree not to use any of the trademarks or service marks or other Content accessible through CollarNcuffs for any purpose other than the purpose for which such Content is made available to users by CollarNcuffs.com and its associated domains. You agree not to defame or disparage CollarNcuffs.com and its associated domains., the trademarks or service marks of CollarNcuffs.com and its associated domains., or any aspect of the Products and Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Products and Services or any software or programs used in connection with the Products and Services or CollarNcuffs.
10.2.4 LINKING TO CollarNcuffs; USE OF LOGO
CollarNcuffs offers a non-assignable, non-transferable, and non-exclusive license to link to CollarNcuffs web sites, using CollarNcuffs logos, subject to the following provisions. CollarNcuffs logos may be placed on a Web site for the sole purpose of creating a link to CollarNcuffs and allowing users of your site to access the Products and Services on CollarNcuffs. CollarNcuffs logos may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by CollarNcuffs. CollarNcuffs logos may only be used in accordance with the CollarNcuffs.com and its associated domains. Trademark Usage Guidelines, and may only be used in the exact size, shape, colors, design, and configuration as found on such web page. CollarNcuffs logos may not be altered in any manner. CollarNcuffs logos must appear by themselves, with reasonable spacing (at least the height of the logo) between each side of the applicable logo and other graphic or textual elements. CollarNcuffs logos may not be used to disparage CollarNcuffs, its products or services, or in a manner which, in CollarNcuffs.com and its associated domains’ reasonable judgement, may diminish or otherwise damage CollarNcuffs.com and its associated domains’ good will in CollarNcuffs logos. By using any such CollarNcuffs.com and its associated domains. Network logo, you acknowledge that CollarNcuffs has exclusive rights to the logo, and that all good will generated through your use of the logo will inure to the benefit of CollarNcuffs. If you use CollarNcuffs logos, you must include appropriate attribution, for example: “CollarNcuffs® is a registered trademark of CollarNcuffs.com and its associated domains.” CollarNcuffs.com and its associated domains. reserves the right to revoke this license or to alter its terms from time to time, for any or no reason, with or without notice. CollarNcuffs.com and its associated domains. reserves the right to take action against any use that does not conform to these provisions.
10.2.5COPYRIGHT, TRADEMARK, AND PATENT NOTICES
All other marks that appear throughout the Products and Services belong to CollarNcuffs.com and its associated domains. or the respective owners of such marks, and are protected international copyright and trademark laws. Any use of any of the marks appearing throughout the Products and Services without the express written consent of CollarNcuffs.com and its associated domains. or the owner of the mark, as appropriate, is strictly prohibited. CollarNcuffs.com and its associated domains. may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave CollarNcuffs to access third-party material or by bringing the third party material into this site via “inverse” hyper links and framing technology. CollarNcuffs.com and its associated domains. have no control over such sites and resources. You acknowledge and agree that CollarNcuffs.com and its associated domains. are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that CollarNcuffs.com and its associated domains. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the CollarNcuffs Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that CollarNcuffs.com and its associated domains. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.
10.3. Copyright – This Website belongs to Us, and we either own or have rights to display all of the materials thereupon. You may not use any of Our materials without Our express written consent. See Above
10.4. Photographs – In order to promote Your profile, You may upload photographs of Yourself. The content of these pictures may be at Your discretion, as long as they do not violate any of the other terms of this Agreement. However, CollarNcuffs.com reserves the right to reject any image, at any time, for any reason.
10.5 By uploading any photographs of Yourself, You hereby swear that You own or control all intellectual property rights with respect to the uploaded photographs; and,
10.5.1. You hereby irrevocably grant a non-exclusive right and license to the Website to:
10.5.2 .Reproduce, Transmit, communicate, display, or distribute the photographs, on or as part of the Website, on other Internet sites, or elsewhere, for promotional or commercial purposes, by means of any technology, whether now known or hereafter to become known;
10.5.3.Reproduce Your pictures in digital form of display on the Internet (alone or in combination with other works, including, but not limited to, text, data, images, photographs, illustrations, animation, graphics, video, or audio segments, and hypertext links);
10.5.4.Adapt, modify, or alter Your photographs or otherwise create derivative works based upon Your photographs; and for all other reasonable promotional or commercial uses either as part of the operation of the Website, or as a promotion or operation of any derivative or related businesses.
11. Limitation of Liability
11.1. In no event shall We (or Our licensor, agents, suppliers, resellers, service providers, or any other subscribers or suppliers) be liable to You, or any other third party for any direct, special, indirect, incidental, consequential, exemplary, or punitive damages, including without limitation, damages for loss of profits, loss of information, business interruption, revenue, or goodwill, which may arise from any person’s use, misuse, or inability to use the Website or any of the Materials contained therein, even if We have been advised of the probability of such damages. This is for any matter arising out of or relating to this Agreement, whether such liability is asserted on the basis of contract, tort or otherwise, even if We have been advised of the possibility of such damages.
11.2. In no event shall Our maximum total aggregate liability hereunder for direct damages exceed the total fees actually paid by You for use of a Website for a period of no more than one (1) month from the accrual of the applicable cause or causes of action. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to You.
12. Defamation Or Invasive Material Policy:
12.1. We provide an interactive computer service, and thus we have no liability for user-posted content due to Section 230 of the CDA. Nevertheless, we recognize that despite this protection, there may occasionally be content posted by Our Users that is unappreciated by the subject of the User-posted content. It is not Our intention to cause anguish to any person nor harm to any entity, nor to allow through inaction such harm to occur. Accordingly, it is Our policy to respond respectfully to any complaints about User posted content, or about content that We might have provided.
12.2. If you feel damaged by any User-posted content, or content provided by Us, We agree to take reasonable measures to comply with any reasonable requests. Even if You are a public official, public figure, or libel-proof person, We do care about Your feelings and reputation. Therefore, We have instituted this Policy.
12.3. You agree that if You have any complaint about any content on CollarNcuffs.com, including (but not limited to) a complaint or claim of defamation (libel or slander), invasion of privacy, false light, trademark infringement, right of publicity claims, or any related or similar tort, that You will provide notice to Us by Email to: CollarNcuffs@collarNcuffs.com or alternately Via forum Personal message to the Admin user name.
12.4. You agree that We shall have ten (10) business days after RECEIPT of said notice to evaluate Your concerns.
12.5. After evaluating Your concerns, We will either inform You that We do not believe Your concern is valid, or We will request Your preference regarding an opportunity to cure Your concerns. This cure may include one of the following:
12.5.1. We may offer to delete the offending material.
12.5.2. We may offer to modify the offending material.
12.5.3. We may offer You the opportunity to publish a rebuttal to the offending material.
12.5.4. We will engage You and seek any other alternative resolution that will mitigate Your damaged legal interests – whether or not We are legally required to do so.
12.5.5. We may provide You with some or all identifying information We may have about the actual culprit (if the content was User-posted), but We are under no obligation to do so, and expressly reserve the right not to.
12.6. You acknowledge and agree that upon transmission of Your complaint to Us, You will be considered to have engaged in settlement discussions with Us, and neither party will initiate formal legal action while non-adversarial resolution is in progress. You agree that You will not file suit unless and until We issue a statement to You that We have taken Our final action, and that no further action will be taken without adversarial proceedings. At that point, You may proceed with arbitration as provided for under this Agreement.
12.7. You acknowledge that once You accept any of Our offers of non adversarial resolution, that You irrevocably waive any and all possible claims for any allegedly offending material on CollarNcuffs.com and that if You do bring any action against Us that You hereby stipulate that You will bear Your own costs and fees incurred in the action, regardless of the outcome of that action, and that You stipulate that Your damages will be limited to $1, and no more, and that You hereby acknowledge that such amount of $1 is sufficient and adequate.
12.8. You understand that no part of this Agreement obligates Us to go beyond that required by law, and this Agreement is in place for Your convenience. If We believe that Your requests are unreasonable, We reserve every right to terminate discussions with or file suit against You to recover any legal fees incurred due to harassing or unreasonable requests.
13. Termination:
13.1 Involuntary: Without limiting other remedies, the Website may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate Your access and use of the Website and refuse to provide Our services to You at any time, with or without advance notice, if:
13.1.2 We believe that You have breached any material term of these Terms and Conditions or the documents it incorporates by reference;
13.2.3 We are unable to verify or authenticate any information You provide to Us;
13.2.4 You have failed to make an initial forum posting within the stated 7 days of joining.
13.2.5 We believe that Your actions may cause legal liability for You, Our users or Us; or
13.2.6 We decide to cease operations or to otherwise discontinue any services or options provided by the Website or parts thereof.
13.3 Further, You agree that neither the Website nor any third party acting on Our behalf shall be liable to Your for any termination of Your membership or access to the Website.
13.4. You agree that if Your account is terminated by Us, You will not attempt to re-register as a member of the Website without prior written consent from Us.
13.5. Cancellation of Your account or other business relationships with Us shall not be deemed to terminate Our relationship with You with respect to the provision of unsolicited commercial e-mail. This business relationship is specifically deemed to continue indefinitely until explicitly terminated by You, by following the automated procedure specified in section of 2.5 of this document.
14. non-waiver and separability
14. CollarNcuffs.com and its associated domains’ failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions 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 agree that the other provisions of these Terms and Conditions remain in full force and effect.
15 relationship of parties
15.1 You acknowledge and agree that you and CollarNcuffs.com and its associated domains. are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.
15.2 You agree not to resell, assign, sub-license, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorization of CollarNcuffs.com and its associated domains.
15.3 Without in any way limiting the prohibition on your resale, assignment, sub licensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
16 submission of ideas, improvements
16. CollarNcuffs is always improving its Products and Services and developing new features. If you have ideas regarding improvements or additions to CollarNcuffs, we would like to hear them — but any submission will be subject to these Terms and Conditions. under no circumstances shall any disclosure of any idea or related materials to CollarNcuffs be subject to any obligation of confidentiality or expectation of compensation. by submitting the idea and/or any related material to collarncuffs.com and its associated domains., you are waiving any and all rights that you may have in the idea or any related materials and are representing and warranting to collarncuffs.com and its associated domains. that the idea and/or related materials are wholly original with you, that no one else has any rights in the idea and/or materials and that CollarNcuffs.com is free to implement the idea and to use the materials if it so desires, as provided or as modified by collarncuffs.com and its associated domains., without obtaining permission or license from any third party.
17 changes in terms and conditions and changes in products and services
17. CollarNcuffs.com and its associated domains. reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. CollarNcuffs.com and its associated domains. reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.
If you are aware of any violations of these Terms and Conditions, please report them to: CollarNcuffs@CollarNcuffs.com