TERMS OF SERVICE
OTHERSEX.COM
USER AGREEMENT
Membership
to Other Sex is free, but you must agree to the following terms
(We have included the basics on top - please read entire page
for all TOS):
1. You are an adult, at least 18 years of age or over age 21 in states and countries that consider 21 to be the legal age, and you have the legal right to possess adult material in your community, state and country.
2. You will not permit anyone under the legal age (defined above) to have access to any of the materials contained in this site. We will delete your account if a minor uses your membership (paid or free) to have access to Other Sex with or without your knowledge.
3. You voluntarily choose to access this site, because you want to view, read and/or hear the various materials which are available that include BDSM, Fetish and Hardcore adult content.
4. You do not find adult content to be offensive or objectionable including such topics as BDSM, Fetish, Hardcore, Anal, Kinky, Sado-Masochism and other alternative lifestyle content.
5. You will exit from this site immediately, or exist site areas, if you are in any way offended by the sexual nature or content of any material and will not hold Other Sex accountable for content displayed that is legal in our area of business.
6. You understand and agree to abide by your community standards and laws.
7. By logging on and viewing any part of this Web site, you agree that you shall not hold the owners of the Web site or its employees responsible for any materials located on the site.
8. There are portions of this site that are unmoderated and Other Sex does not monitor all content on the site. We are not responsible for content posted by users without our consent or knowledge. If you see questionable content on the site, please contact the Webmaster and make them aware of the situation.
9. If you use these services in violation of this agreement, you understand you may be in violation of local and/or federal laws and you are solely responsible for you actions.
10. You agree not to post any material which you do not own the copyright to on the bulletin board, chatroom, or any other part of the site. If you do use copyrighted images or text without the permission of the owner, you will be warned and may be suspended or banned from the site.
11. You agree that you will not post any personal or private information about anyone on this site. Nor will you post any threats or harassment toward other users. We do not allow threats or other forms of harassment and you will be banned or suspended depending on the degree of your actions. All information within Other Sex is stored and can be used against you if any legal action should be taken. You have been warned.
12. Other Sex reserves the right to remove any content or user from the site for any, or no, reason at anytime.
13. You agree that you will not try to abuse, copy, destroy, hack, upload malicious programs/software/bugs/viruses or tamper in anyway the Other Sex web site or member accounts. You will be subject to suspension or removal as well as possible legal action, if warranted.
14. You agree that Other Sex can send you a newsletter discussing our site updates as long as you remain a member. You will not be spammed and your email address will not leave The Fetish Network of sites. Updates are usually weekly and contain no files.
15. By entering this site, you agree to abide by all of the above and below terms.
If you do not agree to these terms please exit Other Sex.
Signing up for membership on Other Sex means that you agree to all of these terms.
Welcome to OtherSex.Com , a service of TFN Research Group, Inc. You must read
and agree to these terms and conditions before you may access and/or view
our site. Please read these conditions carefully. By visiting the OtherSex.com
website, you are agreeing to its terms. This Agreement is subject to change
at any time, and changes are effective upon posting. Bookmark this page and
check it frequently as it is up to you to refer to this page for any amendments/changes
to the original Agreement.
1.
Eligibility:
You must be 18 or older to register as a member of or use this site. Membership
in the service is void where prohibited to view, access, watch or read adult
content. By using and/or viewing this site, you represent and warrant that
you have the right, authority, and capacity to enter into this agreement and
to abide by all of the terms and conditions of this agreement and that you
are at least 18-years old (21+ in AL, MS, NE, WY, and any other location where
18 is not the age of majority) - who are interested in and wish to have access
to visual images, verbal and written descriptions and audio sounds of a sexually
oriented, and plainly erotic nature. The materials, which are available within
this site may include graphic visual depictions and descriptions of nudity
and sexual activity and should not be accessed by anyone who is younger then
the age of majority or prohibited or who is offended by such materials or
who does not wish to be exposed to such materials. Commercially available
parental control protections (such as computer hardware, software, or filtering
services) may assist you in limiting access to material that is harmful to
minors. If you are interested in learning more about these protections, information
is available at Worldvillage.
(The preceding link is provided for information purposes only and is not intended
as an endorsement of WorldVillage's Internet site, services, or policies.
TFN Research Group, Inc. is not affiliated with WorldVillage.)
By using and/or viewing this site you represent and warrant under penalty of perjury the following:
A)
That you are an adult, at least 18-years of age (21-years old in AL, MS, NE,
WY, and any other location where 18 is not the age of majority).
B) That you will not permit any person(s) under 18-years of age (21-years
old in AL, MS, NE, WY, and any other location where 18 is not the age of majority)
to have access to any of the materials contained within this Site.
C) That you understand that when you gain access to this site, you will be
exposed to visual images, verbal descriptions and audio sounds of a sexually
oriented, frankly erotic nature, which may include graphic visual depictions
and descriptions of nudity and sexual activity. You are voluntarily choosing
to do so, because you want to view, read and/or hear the various materials
which are available, for your own personal enjoyment, information and/or education.
Your choice is a manifestation of your interest in sexual matters which, you
believe, is both healthy and normal and which, in your experience, is generally
shared by average adults in your community. You further represent and warrant
that you are familiar with the standards in your community regarding the acceptance
of such sexually oriented materials, and the materials you expect to encounter
are within those standards. In your judgment, the average adult in your community
accepts the consumption of such materials by willing adults in circumstances
such as this which offer reasonable insulation from the materials for minors
and unwilling adults, and will not find such materials to appeal to a prurient
interest or to be patently offensive.
D) That you further represent and warrant that you have not notified any governmental
agency, including the US postal service, that you do not wish to receive sexually
oriented material.
E) That you represent and warrant that you have not and will not use and/or
view the Site(s) in a restricted location - namely a place, country, or location
in which doing so would, or could be deemed a violation of any law, regulation,
rule, ordinance, edict or custom.
2.
Fees/Termination:
OtherSex.com's and TFN Research Group, Inc.'s, usage and/or subscription fees,
where requested in paid areas, were provided to you upon registration and
may change from time to time upon electronic notice to you. TFN Research Group,
Inc. reserves the right to terminate your access to the site for any reason
or no reason. TFN Research Group, Inc. may terminate your membership upon
sending notice to you at the email address you provide in your application
for membership or such other email address as you may later provide to us.
If TFN Research Group, Inc. terminates your membership in the OtherSex.com
service because you have breached this Agreement, you will not be entitled
to any refund of any unused subscription fees. Even after this Agreement is
terminated, certain provisions will remain in effect including sections 1,
3, 14, inclusive, of this Agreement.
3.
Anti-Spam and Anti-Abusive Behavior Policy; Noncommercial Use by Members/Visitors
OtherSex.com prohibits any form of unsolicited bulk emailing (commonly referred
to as "spamming") and/or similar, abusive behavior. Such behavior
could include automatically sending scripted text (and website URL) disguised
as "chat" or conversation into any OtherSex chatroom; sending or
otherwise engaging in fraudulent, deceptive and unwanted conduct. The OtherSex
sites are for noncommercial, personal use by individual, adult members and
visitors only. Organizations, companies, and/or other business entities are
not allowed to join/maintain a member account within the OtherSex site without
permission of TFN Research Group, Inc., and are forbidden from using the OtherSex
site for any commercial or other unauthorized purpose. Illegal and/or unauthorized
uses of the OtherSex site, including the unsolicited promotion - or the sending
of unsolicited bulk commercial emails - or engaging in abusive behavior will
be investigated immediately. At its own discretion, TFN Research Group, Inc.,
reserves the right to take any and all appropriate legal action, including
(without limit) civil, criminal, and injunctive redress. Violators of this
Anti-Spam Policy (or any issues stated in the Terms of Use) will also be subject
to comprehensive restriction of membership privileges, account suspension,
and/or the termination of their account without further warning or refunds.
4.
Proprietary Rights of Content on OtherSex.com:
TFN Research Group, Inc. owns and retains other proprietary rights in the
OtherSex.com site and the OtherSex.com service. The site contains the copyrighted
material, trademarks, and other proprietary information of TFN Research Group,
Inc., and its licensers. Except for that information which is in the public
domain or for which you have been given permission, you may not copy, modify,
publish, transmit, distribute, perform, display, or sell any such proprietary
information.
5.
Content Posted on the Site/CDA:
A) TFN Research Group, Inc. claims immunity from liability to the fullest
extent under the law and as provided under the Communications Decency Act
for Content provided by third parties and members and nothing in this agreement
is intended to waive, remove, or usurp such immunity. You understand and agree
that TFN Research Group, Inc. may delete any content, messages, photos or
profiles (collectively, "Content") that in the sole judgment TFN
Research Group, Inc. violates the Terms of Use or which might be offensive,
illegal, or that might violate the rights, harm, or threaten the safety of
TFN Research Group, Inc. and/or its members.
B) You are solely responsible for the content that you publish or display
(hereinafter, "post") on the OtherSex.com, or transmit to other
TFN Research Group, Inc. members.
C) By posting content to any public area of OtherSex.com , you automatically
grant, and you represent and warrant that you have the right to grant, to
TFN Research Group, Inc. and its members, an irrevocable, perpetual, non-exclusive,
fully-paid, worldwide license to use, copy, perform, display, and distribute
such information, rights of publicity, and content and to prepare derivative
works of, or incorporate into other works and other media, such information
and content, and to grant and authorize sublicenses of the foregoing. As a
visitor to OtherSex.com if you provide TFN Research Group, Inc. with your
email address via a registration process or post it on OtherSex.com you thereby
authorize TFN Research Group, Inc. and its affiliates and any entities that
TFN Research Group, Inc. becomes involved with or merges with, the right to
use and/or sell your valid email address for any marketing programs or communications
with you.
D) The following is a partial list of the kind of content that is illegal
or prohibited on the site. TFN Research Group, Inc. will investigate and take
appropriate legal action in its sole discretion against anyone who violates
this provision, including, without limitation, removing the offending communication
from the service and terminating the membership of such violators. It includes
content that: is patently offensive to the online community, such as content
that promotes racism, bigotry, hatred or physical harm of any kind against
any group or individual; harasses or advocates harassment of another person
or invades their privacy; involves the transmission of "junk mail,"
"chain letters," or unsolicited mass mailing or "spamming";
promotes information that is knowingly false or misleading; promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory or
libelous; promotes an illegal or unauthorized copy of another person's copyrighted
work, such as providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices, or providing
pirated music or links to pirated music files; contains restricted or password
only access pages, or hidden pages or images (those not linked to or from
another accessible page); provides material of anyone under the age of 18
in any manner, or solicits personal information from anyone under 18; provides
material involving sex with animals; provides instructional information about
illegal activities such as making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses; solicits passwords or
personal identifying information for commercial or unlawful purposes from
other users; or engages in commercial activities and/or sales such as contests,
sweepstakes, barter, advertising, and pyramid schemes, without our prior written
consent.
E) You must use the OtherSex.com service in a manner consistent with any and
all applicable laws and regulations.
F) You agree that you will not use any robot, spider, other automatic device,
or manual process to monitor or copy our web pages or the content contained
herein without our prior expressed written permission. You agree that you
will not use any device, software or routine to bypass or to interfere or
attempt to interfere with the proper working of the OtherSex.com site. You
agree that you will not take any action that imposes an unreasonable or disproportionately
large load on our infrastructure. Much of the information on our site is updated
on a real time basis and is proprietary or is licensed to TFN Research Group,
Inc. by our users or third parties.
G) You may not engage in advertising to, or solicitation of, other members
to buy or sell any products or services through the service. You will not
transmit any chain letters or junk email to other OtherSex.com members. Although
TFN Research Group, Inc. cannot monitor the conduct of its members off the
OtherSex.com site, it is also a violation of these rules to use any information
obtained from the service in order to harass, abuse, or harm another person,
or in order to contact, advertise to, solicit, or sell to any member without
their prior explicit consent.
6.
Copyright Policy/DMCA Notice:
You may not post, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior written
consent of the owner of such proprietary rights or otherwise have a valid
basis under the law, including "fair use". Without limiting the
foregoing, if you believe that your work has been copied and posted on the
OtherSex.com service in a way that constitutes copyright infringement, please
provide our Copyright Agent with the following information consistent with
the Digital Millennium Copyright Act (DMCA): an electronic or physical signature
of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed; a
description of where the material that you claim is infringing is located
on the our site including the URLs of web pages and/or hyperlinks; your address,
telephone number, and email address; a written statement by you that you have
a good faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; a statement by you, made under penalty of perjury,
that the above information in your Notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's behalf. TFN
Research Group, Inc.'s Agent for Notice of claims of copyright infringement
can be reached as follows:
TFN Research Group, Inc.,
1819 S. UNIVERSITY DR.#222
DAVIE, FL 33324 USA
It is the intention of TFN Research Group, Inc. to fully comply with the DMCA, including the Notice and "take down" provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law, and to the extent the Notice and "take down" requirements above deviate from the requirements under the DMCA then the Notice requirements as provided by the DMCA shall control and are herein incorporated by reference.
7.
Member Disputes:
TFN Research Group, Inc. does not control the information provided by other
users that are made available through our system. You may find other user's
information to be offensive, harmful, inaccurate, or deceptive. Please use
caution, common sense, and safety when using our site. You are solely responsible
for your interactions with other OtherSex.com members. Because it is not involved
in member interactions, in the event that you have a dispute with one or more
members or those who have posted, viewed, or used information on the OtherSex.com
site, you release TFN Research Group, Inc., including its officers, directors,
agents, subsidiaries and employees, from claims, demands and damages (actual
and consequential) of every kind and nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any way connected
with such disputes. If you are a California resident, you waive California
Civil Code § 1542, which says: "A general release does not extend
to claims which the creditor does not know or suspect to exist in his favor
at the time of executing the release, which if known by him must have materially
affected his settlement with the debtor." TFN Research Group, Inc. reserves
the right, but has no obligation, to monitor disputes between you and other
members.
8.
Privacy:
Use of the OtherSex.com site and/or its service is governed by our Privacy
Policy, which may change from time to time upon electronic notice to you.
9.
Disclaimers:
TFN Research Group, Inc., including its officers, directors, agents, subsidiaries
and employees is not responsible for any incorrect or inaccurate content posted
on the site or in connection with the OtherSex.com service, whether caused
by users, members or by any of the equipment or programming associated with
or utilized in the service, nor for the conduct of any user and/or member
of the OtherSex.com service whether online or offline. TFN Research Group,
Inc. assumes no responsibility for any error, omission, interruption, deletion,
defect, delay in operation or transmission, communications line failure, theft
or destruction or unauthorized access to, or alteration of, user and/or member
communications. TFN Research Group, Inc. is not responsible for any problems
or technical malfunction of any telephone network or lines, computer on-line-systems,
servers or providers, computer equipment, software, failure of email or players
on account of technical problems or traffic congestion on the Internet or
at any website or combination thereof, including injury or damage to users
and/or members or to any other person's computer related to or resulting from
participating or downloading materials in connection with the OtherSex.com
site and/or in connection with the OtherSex.com service. Under no circumstances
TFN Research Group, Inc., be responsible for any loss or damage resulting
from anyone's use of the site or the service and/or any content posted on
the OtherSex.com site or transmitted to OtherSex.com members. The site and
the service are provided "AS-IS" and TFN Research Group, Inc. expressly
disclaims any warranty of fitness for a particular purpose or non-infringement.
TFN Research Group, Inc. cannot guarantee and does not promise any specific
results from use of the site and/or the OtherSex.com service.
10.
Limitation on Liability:
Except in jurisdictions where such provisions are restricted (and in that
event liability is disclaimed to the fullest extent permitted by law), in
no event will TFN Research Group, Inc. be liable to you or any third person
for any indirect, consequential, exemplary, incidental, special or punitive
damages, including also lost profits arising from your use of the site or
the OtherSex.com service, even TFN Research Group, Inc. has been advised of
the possibility of such damages. Notwithstanding anything to the contrary
contained herein, TFN Research Group, Inc.'s liability to you for any cause
whatsoever, and regardless of the form of the action, will at all times be
limited to the amount paid, if any, by you to OtherSex.com for the service
during the term of membership.
11.
U.S. Export Controls:
Software from this site is further subject to United States export controls.
No software from this site may be downloaded or otherwise exported or re-exported
(i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea,
Iran, Syria, or any other country to which the U.S. has embargoed goods; or
(ii) to anyone on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading
or using the Software, you represent and warrant that you are not located
in, under the control of, or a national or resident of any such country or
on any such list.
12.
Arbitration of Disputes:
Any and all disputes arising out of these Terms of Use and/or your relationship
with TFN Research Group, Inc. shall be submitted to the binding arbitration
according to the rules of the American Arbitration Association. The party
to the arbitration shall evenly divide any and all costs of the arbitration.
Neither party shall be entitled to attorney fees. The arbitration shall take
place exclusively in the location of TFN Research Group, Inc.'s place of business
and shall be governed by that State's law without regard to its conflict of
law provisions.
13.
Indemnity:
You agree to indemnify and hold TFN Research Group, Inc., its subsidiaries,
affiliates, officers, agents, and other partners and employees, harmless from
any loss, liability, claim, or demand, including reasonable attorney's fees,
made by any third party due to or arising out of your use of the service in
violation of this Agreement and/or arising from a breach of these Terms of
Use and/or any breach of your representations and warranties set forth above.
14.
Notices/Other:
Except as explicitly stated otherwise, any notices shall be given by postal
mail to:
TFN Research Group, Inc.,
1819 S. UNIVERSITY DR.#222
DAVIE, FL 33324 USA
or to the email address you provide to OtherSex.com during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, TFN Research Group, Inc. may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to OtherSex.com during the registration process. In such case, notice shall be given 3 days after the date of mailing. You agree that this Agreement and all incorporated Agreements may be automatically assigned by TFN Research Group, Inc., in our sole discretion, to a third party. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. References to TFN Research Group, Inc. shall include its subsidiaries, affiliates, officers, agents, and other partners and employees. TFN Research Group, Inc. 's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.