1.1.Introduction – Welcome to our Website’sTerms and Conditions (hereinafter “T&C’s” of “Agreement”). The provisionsof this Agreement will govern your use of our Website(s) and your use of all ofour telephone services, and you should therefore take some time to read itcarefully.
1.2.Additionally, through the use of these Terms and Conditions, we areplacing legal conditions on your use of our Website(s) and telephone-basedservices (www.teasemania.com, www.getgirlie.com/sissyforums,and www.communitykink.com hereinafter the“Website(s)(s)”, and/or “Service(s)”), and making certain promises to you.
1.3.Party Definitions
1.3.1.“Us,”the service provider – The LDW Group (hereinafter “LDW”) is the serviceprovider of www.teasemania.com, www.getgirlie.com/sissyforums,and www.communitykink.com, along with,various other Websites and telephone-based services (collectively referred toas our “Network”). It should be obvious, but for the sake of legal clarity,when this Agreement uses first-person pronouns such as “Us,” “We,” “Our,”“Ours,” etc., those first-person pronouns are referring to LDW as the serviceprovider for www.teasemania.com, www.getgirlie.com/sissyforums,and www.communitykink.com, as well as,our telephone-based services.
1.3.2.“You,”the User – As a User of our services, this Agreement will refer to the Useras “You” or through any second-person pronouns, such as “Your,” “Yours,” etc. Hereinafter,the User of the Website(s) shall be referred to in applicable second-personpronouns.
1.4.Consideration – Consideration for Your acquiescence to all ofthe provisions in this Agreement has been provided to You in the form ofallowing You to use Our Website(s) and Our Services. You agree that suchConsideration is both adequate, and that Your Consideration is received uponYour viewing and/or downloading, any portion of Our Website(s).
1.5.Our first condition is that You must agree to all of theconditions detailed within this set of “Terms and Conditions of Use.” You donot need to use Our Website(s) or Services; therefore, if you do notwish to be bound by each and every provision in this Agreement, You are notwelcome to use Our Website(s) and/or Services. You should cease any and alluse of our Services, and leave Our Website(s) immediately.
1.6.You may not unilaterally disregard any portion of this Agreement. However, if there is a particular portion of this Agreement that You wish toavoid, You may contact Us to negotiate a separate agreement BEFORE You use anyof our Website(s) or Services. We do not guarantee that such negotiations willbe successful. Nevertheless, if You wish to discuss Your own personalizedagreement, please contact us or have your attorney do so.
1.7.If you do not understand all of the terms in this Website(s), thenyou should consult with an attorney before using Our Website(s) and/orServices.
1.8.Our Website(s) is/are for adults only. If You are under the age ofeighteen (18), You are not to use any of Our Website(s) or Services at all.
1.9.Revisions to this Agreement
1.9.1.Fromtime to time, We (and only We, LDW) may revise this Agreement. We reserve theright to do so, and You specifically agree that We have this unilateral right. You agree that all modifications or changes to this Agreement are in forceimmediately upon posting. The updated or edited version supersedes any priorversions immediately upon posting, and the prior version(s) shall haveno continuing legal effect.
1.9.2.IfWe change anything in this Agreement, The change will be reflected in the “lastmodified date” at the top of this Agreement. You agree to re-visit OurWebsite(s) T&C’s on a weekly basis, and to use the “refresh” buttonon Your browser when doing so. Upon each visit, You agree to note the date ofthe last revision to this Agreement. If the “last modified” date remainsunchanged from the last time You reviewed this Agreement, then You may presumethat nothing in the Agreement has been changed since the last time You readit. If the “last modified” date has changed, You can be certain that somethingin the Agreement has been changed, and You agree that You will re-review theAgreement in its entirety and that You will agree to its terms or immediatelycease all use of any Websites in Our Network.
1.9.3.Waiver– If You fail to re-review this Agreement, as required to determine if any ofthe terms have changed, You assume all responsibility for such omissions. Youalso agree that such failure, amounts to Your affirmative waiver of Your rightto review the amended terms of the Agreement. We are in no way responsible forYour neglect of Your legal rights.
2.Acceptance and Affirmation:
2.1.You must agree to all of the terms in this Agreement beforeusing any of Our Website(s) or Our Services.
2.2.Your affirmative acceptance of all the terms in this Agreement is,and will be, demonstrated by You when:
2.2.1.Youclick any link, button, or other device, provided to You in any part of OurWebsite(s)’ interface. Upon the performance of any of these actions, You havelegally agreed to all of these T&C’s; or
2.2.2.Byaccessing or using any of Our Services in any manner.
2.3.You understand, and agree, that We will consider any use of OurWebsite(s) and/or Services, as Your affirmation of Your complete andunconditional acceptance of all of the terms in this Agreement.
3.Servicesprovided and not provided:
3.1.Our Website(s) and Services provide a forum through which adults mayseek and establish personal contact with one another through the use of theWebsite(s)’ capabilities for displaying audio, visual, and written materialsprovided by its members and Us. These Website(s) contain images and content,including but not limited to text, audio, images, messages, and otherinformation. All Materials displayed on the Website(s) are protected by theFirst Amendment rights to Free Speech, Free Expression, Freedom of Association,and Freedom of the Press, and parallel provisions of state constitutions. OurWebsite(s) are dedicated to assisting like-minded adults communicate with eachother. We are not responsible for the content of communications, statements,opinions, posting or other information placed on Our Website(s) by any thirdparties, via any discussion board, forum, or public area of the Website(s). Such information is intended to be protected by the immunity provided bySection 230 of the Communications Decency Act (“CDA”) which immunizes thisWebsite(s), and its agents and employees, from any claims relating to thecontent of information posted by third parties. We do not act as a censor ofsuch material. You acknowledge that the Website(s) may offer online contentthat could be deemed “adult,” “offensive,” or “erotic” in nature. While We maychoose to remove content and materials identified as illegal, stolen, or whichviolates Our policies. We do not edit, review, or change posts made by thirdparties prior to the information appearing online.
3.2.We do not provide advice, screening, background checks, warranties,guarantees, or information about other Users of Our Website(s)/Services. Allinformation about the Users is provided by the Users themselves.
3.3.We do not accept any responsibility, for any information provided bythe Users of our Website(s) and/or Services. You understand that User-providedinformation may be inaccurate, false, or incomplete. By using Our Website(s)and/or Services, You understand and accept that information presented in otherUsers’ profiles may be false, misleading, inaccurate, or incomplete, and thatWe have no responsibility or control over verifying User-provided information.
3.4.LDW does not pre-approve any of its Members or Users, prior to theiruse of Our Website(s). It is Your responsibility to properly investigate thebackground, personality, criminal history, financial condition, or any otherrelevant factor affecting Your potential compatibility with any other Member orUser, prior to communicating with, or meeting such person. Most importantly,USE COMMON SENSE! Do not provide any personal information to individuals whomay misuse that information to Your detriment. While Our Website(s) provide avenue for the exchange of information, ideas, and emotion, it does not act as aguarantor of the accuracy of any such information, and all Users/Members areencouraged to approach the veracity of any communications occurring on theWebsite(s) with a healthy skepticism.
3.5.In light of the above, You hereby discharge, acquit, and otherwiserelease LDW, the Website(s), its parent corporation, its agents, employees,officers, directors, shareholders, attorneys, and affiliates, from any and allallegations, counts, charges, debts, causes of action, and claims relating inany way to the use of, or activities relating to the use of, Our Website(s)and/or Services including, but not limited to claims relating to the following:
3.5.1.SexualHarassment, Copyright Infringement, Negligence, Gross Negligence, RecklessConduct, Alienation of Affections (to the extent recognized in anyjurisdiction), Intentional Infliction of Emotional Distress, IntentionalInterference with Contract or Advantageous Business Relationship, Defamation,Statutory Rape, Invasion of Privacy, and Misrepresentation or any claim basedon Vicarious Liability for Torts committed by individuals met on or through theWebsite(s), including but not limited to fraud, assault, battery, stalking,rape, theft, cheating, perjury, manslaughter, or murder.
3.5.2.Theabove list is intended to be illustrative only, and not exhaustive of the typesor categories of claims released by You. This release is intended by theparties to be interpreted broadly in favor of LDW and Our Website(s)/Services,and thus any ambiguity shall be interpreted in a manner providing release ofthe broadest claims. This release is intended to be a full release of claims,and the parties acknowledge the legally binding nature of this provision, andthe nature of the rights given up in connection therewith.
3.6.You acknowledge that You are aware of the nature of the Materialsand content on Our Website(s) and offered though Our Services, that You are notoffended by such Materials and that You access the Website(s) and Servicesfreely, voluntarily and willingly. You also acknowledge that theseWebsite(s)/Services is/are intended to contain only content protected by theFirst Amendment to the United States Constitution. If You are seekinginformation regarding illegal activities, please leave Our Website(s)/Servicesimmediately. You are further aware of the community standards of Yourcommunity, and You will only access the content on the Website(s) if youbelieve, upon diligent investigation, that the content on the Website(s) doesnot offend the community standards prevalent in Your community. You furtheragree not to use or access the Website(s)/Services if doing so would violatethe laws of Your state, province or country.
4.MembershipTerms, Limitations & Conditions:
4.1.Age of Majority – You represent and warrant You are at least18 (or 21) years of age (depending on the age of Majority in yourjurisdiction), and that You have the legal capacity to enter into thisAgreement. In addition, If you are not at least 18 (or 21) years of age, Youmust exit the Website(s) immediately and may not use or access Our Website(s)or print or download any Materials from Our Website(s). You may be asked toverify Your birth date on the Birth Date Verifier™ form as a condition of entryonto the Website(s), pursuant to 28 U.S.C. §1746. You agree not to bypass anysecurity and/or access feature on this Website(s). Additionally, LDW/OurWebsite(s)/Services does/do not assume any responsibility or liability for anymisrepresentations regarding a user’s age.
4.2.Membership – Membership may not be assigned, transferred, orsold to a third party. The Website(s) and its/their affiliates disclaim any andall liability arising from fraudulent entry and use of the Website(s). If aUser fraudulently obtains access, LDW may terminate membership immediately andtake all necessary and appropriate actions under applicable federal, state, andinternational laws.
4.3.No Illegal Conduct Allowed – You will not use Our Website(s)in any manner inconsistent with any applicable laws or regulations. You maynot include any personally-identifying information such as phone numbers,street addresses, Web site addresses, email addresses, Instant Messenger screennames, or any other information that if provided may be used to circumvent theWebsite(s)’ communication capabilities. You may not use Our Website(s) toadvertise products or services, nor may You use the Website(s) in order tosolicit products or services, unless otherwise permitted by Us.
4.4.Email – A key component of the services provided by OurWebsite(s) is email communication sent from Us or through Us to You. Byinitiating membership, You specifically and explicitly agree to accept, and Youconsent to receiving commercial and personal email messages sent from Us orsent by other members through Our Services. These messages may include emailsfrom other members seeking contact, emails from the Website(s) about updates orchanges in Our Website(s) or Services, and emails from the Website(s) regardingpromotions, events, and other commercial enterprises that may be part of theservices provided by the Website(s) or that constitute advertisements of otherServices provided by the Website(s) or its parent corporation, subsidiaries, orpartners.
4.5.You specifically agree to accept all bulk commercial email that maybe sent by the Website(s), its principals, affiliates, assigns, successors,parent company, or other persons or corporations acting in conjunction withUs. If You commence membership You are hereby deemed to be engaging in abusiness relationship with Us. Such business relationships shall permit Us tosend You unsolicited email for the purpose of promoting services provided byOur Website(s) or other services as may be offered from time to time by theWebsite(s), its parent corporation, subsidiaries, or partners. Cancellation ofYour account or other business relationships with Us shall not be deemed toterminate Our relationship with You with respect to the provision ofunsolicited commercial email. This business relationship is specificallydeemed to continue indefinitely until explicitly terminated by You.
4.6.You may become a member of Our Website(s) by completing an onlineregistration form. In connection with completing the online registration form,You agree to:
4.6.1.Providetrue, accurate, current and complete information about Yourself as promptedby the registration form (such information being the “Registration Data”); and
4.6.2.Maintainand promptly update the Registration Data to keep it true, accurate,current, and complete at all times while You are a member. You must promptlyinform Us of all changes, including, but not limited to, changes in Youremail address.
4.7.If you provide any information that is untrue, inaccurate, notcurrent, or incomplete, or LDW or any of its authorized agents have reasonablegrounds to suspect that such information is untrue, inaccurate, not current orincomplete, LDW has the right to suspend or terminate Your account and refuseany and all current or future use of the Website(s), as well as subjecting Youto criminal and civil liability.
4.8.In connection with completing the online registration form, Youagree NOT to register a person other than Yourself, without that person’swritten permission. If You register a third party without their writtenconsent, 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 theright, and You stipulate that We may assign the rights to sue for theseliquidated damages to any third party claiming injury by such violation.
4.9.Member Account, Password, and Security – As part of the registrationprocess, You will be issued a unique user name and password which You mustprovide in order to gain access to the non-public portion of Our Website(s). You certify that when asked to choose a username You will not choose a namewhich may falsely represent You as somebody else or a name which may otherwisebe in violation of the rights of a third party.
4.9.1.Wereserve the right to disallow the use of usernames that We, at Our sole discretion,deem inappropriate. We reserve the right to cancel, at any time, the membershipof any member who uses their selected username in violation of these Termsand Conditions or in any other way We, in Our sole discretion, deem inappropriate.
4.9.2.Yourmembership, user ID, and password are nontransferable and non- assignable.
4.9.3.Yourepresent and warrant that You will not disclose Your unique user name andpassword to any other person and that You will not provide access to theWebsite(s) 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 theWebsite(s).
4.9.4.Youare solely responsible for maintaining the confidentiality of Your user nameand password and are fully responsible for all activities that occur under Youruser name and password. Our Website(s) will not release Your password forsecurity reasons.
4.10.Regarding additional password and account security, You agree to:
4.10.1.Immediately notify theUs of any unauthorized use of Your user name and password or any other breachof security; AND
4.10.2.Ensure that You exitfrom Your account at the end of each session. You are liable and responsiblefor any unauthorized use of Our Website(s) until you notify the Website(s) byemail regarding that unauthorized use. Unauthorized access to Our Website(s)is illegal and a breach of this Agreement. You indemnify LDW and It’sWebsite(s) against all activities conducted through Your account.
5.Special Considerations Regarding Minors:
5.1.Age of Majority. In order to use Our Website(s) or any ofthe Services provided by Us, You must have attained the age of majority in yourjurisdiction. You represent and warrant that You are at least eighteen (18) ortwenty-one (21) years of age, depending on the age of majority in Yourjurisdiction, and that You have the legal capacity to enter into thisAgreement.
5.1.1.Youwere asked to verify Your birth date on the Birth Date Verifier™ form as acondition of entry onto certain areas of the Website(s) containing adult content,pursuant to 28 U.S.C. § 1746. Accordingly, if You provided incorrect informationon the Birth Date Verifier™ page, You committed an act of perjury, thisperjury was recorded, and this perjury may (and will) be used against You in anycourt proceeding or other tribunal of any kind.
5.1.2.Wespecifically disclaim any responsibility or liability for any misrepresentationsregarding a User’s age.
5.1.3.Yourepresent and warrant that You will not allow any minor access to Our Website(s)or Services. Users should implement parental control protections, suchas computer hardware, software, or filtering services, which may help users tolimit minors’ access to harmful material. You acknowledge that if Yourcomputer can be accessed by a minor, that You will take all precautions to keepOur Materials from being viewed by minors. You additionally acknowledge thatif You are a parent, it is Your responsibility, and not Ours, to keep Ourerotic content from being displayed to Your children or wards.
5.2.WE HAVE A ZERO TOLERANCE POLICY FOR CHILD PORNOGRAPHY AND A ZEROTOLERANCE POLICY REGARDING PEDOPHILES, PEDERASTS, OR ANY PEDOPHILIC,PEDERASTIC, OR SIMILAR RELATED ACTIVITY.
5.2.1.Alldepictions of all persons on Our Website(s) are of persons over the age ofeighteen (18) as of the date of the production of the depiction. We take greatmeasures to ensure that no underage models appear in any of Our materials.
5.2.2.IfYou seek any form of child pornography (including so-called “virtual” childpornography), You must exit Our Website(s) immediately. We do not provide thiskind of material and We do not tolerate those who provide this kind of materialnor do we tolerate consumers of this kind of material.
5.2.3.Inorder to further Our zero-tolerance policy, You agree to report any imageswhich You have reason to believe depict minors on Our Website(s) by clickingthe ‘Support’ link at the bottom of this page.
5.2.4.Includewith Your report any appropriate evidence, including the date and time ofidentification. All reports will be investigated and the appropriateaction will be taken based upon Our reasonable ability to verify the evidenceprovided.
5.2.5.Weenthusiastically cooperate with any law-enforcement agency investigating childpornography. If You suspect other outside Websites are participating inunlawful activities involving minors, please report them to http://www.asacp.org.
6.Images and Content:
6.1.Our Website(s) contains images and content, including but notlimited to text, software, audio, images, graphics, data, messages, and otherinformation (collectively, “Materials”).
6.2.You acknowledge and stipulate that all of the Materials areexpressive content that is fully protected by the First Amendment to the UnitedStates Constitution.
6.3.You acknowledge and understand that some of the Materials containgraphic visual depictions of sexual activity and nudity, graphic audio portionsof the same kind of content, and descriptions of sexually oriented and sexuallyexplicit activities. You acknowledge that You are aware of the nature of theMaterials provided by Our Website(s) and that You are not offended by suchMaterials, and to the contrary, that You are accessing Our Website(s)/Servicesspecifically because You enjoy such expressive content and You wish to viewsuch Materials. You stipulate that you access this Website(s) freely,voluntarily, and willingly, and for Your own personal enjoyment.
6.4.You agree not to use or access the Website(s), if doing so wouldviolate the laws of Your state, province, or country.
6.5.In the event that any court finds that any third party communicationor third party content on Our Website(s) fall outside of the realm of Section230 of the Communications Decency Act (“CDA”), this shall not be deemed to be awaiver of any legal protections provided by CDA§ 230 for any and all othercontent posted on Our Website(s).
7.Restrictions on Use of Website(s):
7.1.You agree that You will only use the Website(s) for purposesexpressly permitted and contemplated by this Agreement. You may not use theWebsite(s) for any other purposes without Our express prior written consent.
7.2.Without Our express prior written authorization, You may not:
7.2.1.Duplicateany part of the Website(s) or the materials contained therein (except asexpressly provided elsewhere in this Agreement);
7.2.2.Redistributeor create any derivative works based on the Website(s) or any of the materialscontained therein. You agree that any such use is NOT “fair use”;
7.2.3.Usethe Website(s) or any of the materials contained therein for any public display,public performance, sale or rental, and You hereby agree and stipulate thatany and all such uses are NOT “fair use”;
7.2.4.Removeany copyright or other proprietary notices from the Website(s) or anyof the Materials contained therein;
7.2.5.Circumventany encryption or other security tools used anywhere on the Website(s)(including the theft of user names and passwords or using another person’suser name and password in order to gain access to a restricted area of the Website(s));
7.3.Acceptable Use Policy: You agree and understand that Our Website(s)permit You to use Our Services in order to post content and to communicate withother Users. We are entitled to investigate and terminate Your membership ifYou have misused the Website(s), or behaved in a way which could be regarded asinappropriate, unlawful, or illegal. The following is a partial, but notexhaustive, list of the types of actions that are illegal or prohibited underthis Agreement.
7.3.1.Unlawful,harmful, threatening, abusive, harassing, defamatory, invasive of another’sprivacy or right to publicity, or harmful to minors in any way, shape, orform;
7.3.2.Postingcontent or information that might be considered to be impersonating anotherperson or legal entity;
7.3.3.Anyposts with personally identifying information about another person withoutthat person’s prior explicit consent;
7.3.4.Postingcontent or information that constitutes SPAM or bulk posting of commercialadvertisements for commercial interests;
7.3.5.Postingcontent or information that infringes upon any trademark, copyright,or other intellectual property rights of any party;
7.3.6.Youalso agree to immediately cease and desist from any contact with any personwho so requests such cessation;
7.3.7.Youwill not “stalk” or otherwise harass any person, and if any member or otherperson requests that You cease communications with them, at any time, for anyreason, You will immediately comply with said request. Further, You stipulateto liquidated damages of $50,000.00 per such violation, and You agree topay 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 stipulatethat We may assign the rights to sue for these liquidated damages to any thirdparty, including the party stalked or otherwise harassed by such violation.
7.3.8.Youwill not post on Our Website(s) any private information such as address, phonenumber, or any other private identifying information, about anyone other thanYourself, without first obtaining that person’s written consent. Further, Youstipulate to liquidated damages of $50,000.00 per such violation, and You agreeto pay any and all fees incurred in the recovery of this amount, includingattorneys’ fees and all associated costs. We expressly reserve the right, andYou stipulate that We may assign the rights to sue for these liquidated damagesto any third party, including the party claiming injury by such violation.
7.3.9.Youagree that You will not use Our services in order to collect any personaldata about other users;
7.3.10.You agree that You willnot use Our services in order to conduct any illegal activities at all;
7.3.11.You agree that You willnot use Our services in order to view, transmit, traffic in, or inany other way interact with, provide to any other person, or receive childpornography in any way;
7.3.12.You will not use Yourprofile or any other portion of the Website(s) or Our services to promote anyother business enterprise, unless otherwise permitted by LDW, nor will youattempt to use any of Our services to promote an escort service, prostitution,web-cams, or any other form of related enterprise;
7.3.13.You agree that You willnot use Our services in order to view, transmit, traffic in, or inany other way interact with, provide to any other person, or receive obscenematerials in any way;
7.3.14.You agree that You willnot use Our services in order to view, transmit, traffic in, or inany other way interact with, provide to any other person, or receive drugsor other illegal substances in any way;
7.3.15.You will not impersonateany person or entity, and will accurately represent Your gender inYour profile communications;
7.4.SPAM Prohibition – You agree not to use any facilities orcapabilities of the Website(s) to solicit the performance of any activity thatis prohibited by the CAN-SPAM Act dealing with illegal distribution ofunsolicited commercial bulk e-mail (“UCBE”), commonly known as “spam,” norshall members forge or use without authorization any mail header informationfrom any source. Members agree to the Website(s)’ SPAM POLICYwhich is hereby incorporated by reference. Any breach of the Website(s)’ SpamPolicy will result in immediate termination of Your account, and the immediateprovision of Your identity and contact information to the Federal TradeCommission and any other applicable law enforcement agencies.
8.Restrictions on Use ofPhone Services:
8.1.Non-Exploitation – Phone services are for your entertainmentonly.
8.1.1.Youagree that all phone conversations with Our phone operators are “performances”as that term is described in Title 17 of the U.S. Code (the CopyrightAct).
8.1.2.Youmay not tape record any phone conversation between Yourself and Ourphone operators under any circumstances.
8.1.3.Youmay not allow any other person to listen in on conversations with Our phoneoperators, either though use of a speakerphone, phone extension, or throughany other means whatsoever.
8.1.4.Youmay not transcribe, nor allow to be transcribed, the content of any conversationwith our phone operators.
8.1.5.Inthe event that you violate any portion of this subsection (Restrictions on Useof Phone Services), you agree to pay a licensing fee of $15,000 per violation.