Terms and Conditions
By entering this website, You accept the following agreement:
BILLINGAll charges to the credit/debit card linked to your account will be provided by KCD We charge no fees for unlimited and unrestricted access to our website’s pictures, archives, free live chat rooms, profiles, and all other free Members-only services. You have the option as a Member to purchase “Tokens” Tokens are the website currency. These Tokens are to be used for the following services: live webcam shows, pre-recorded movies and private gallery pictures, and Tipping performers. You are under no obligation to purchase Tokens to use our website. Tokens can only be purchased on our website by Members. All prices will be confirmed prior to you purchasing and are subject to change. Tokens cannot be exchanged for cash or transferred to another account. Any Members found to be using Tokens that have not been purchased directly from our website will be in breach of these Terms and Conditions and your account will be terminated with immediate effect.
Refund PolicyWe will consider refund requests on their merit on a case by case basis. In our sole discretion and in extraordinary circumstances, we may provide refunds, discounts, or credit you with free Tokens. We will also work with our card processing company CCBill to ensure that their terms of service are met, as refund requests are handled on a case by case basis by CCBill's Consumer Support department. To request a refund please email: email@example.com
TerminationWe reserve the right to terminate your Membership at any time for any reason in our sole discretion. This includes but is not limited to we have the right to deny service for accounts and Members which in our sole discretion are deemed to be fraudulent or otherwise high risk accounts. We also reserve in our sole discretion the right to report and cooperate with law enforcement with respect to any claims of potential fraud. In the event your membership is terminated, nwe will consider refund requests on their merit on a case by case basis. In our sole discretion and in extraordinary circumstances, we may provide refunds. We will also work with our card processing company CCBill to ensure that their terms of service are met, as refund requests are handled on a case by case basis by CCBill's Consumer Support department. To request a refund please email: firstname.lastname@example.org
ContentAs used in these Terms and Conditions, the word “Content” shall mean any photographs, images, videos, graphics, banner ads, music, sounds, communications, information, software, emails or any other type of Content that is protected by copyrights, trademarks, and other intellectual property rights (“Proprietary Rights”), which Proprietary Rights are valid and protected in all media and technologies existing now or later developed. In the event you submit or post Content of any type to our website, you acknowledge and agree that you have the right to do so, and that any such Content is not being used by you in any way which violates any other entity’s Proprietary Rights. By submitting or posting to our website any Content, you grant us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now know or later developed, for the full term of any rights that may exist in such Content. You also warrant that the holder of any Proprietary Rights in any such Content has completely granted to you the right to grant license stated in this paragraph. You understand you must evaluate and bear the risk associated with any reliance on the accuracy, completeness or usefulness of any Content contained on our website. We do not pre-screen Content as a matter of policy, however we shall have the right, but not the responsibility, to remove Content that is deemed harmful, offensive, or in violation of these Terms and Conditions. You recognise communications over our website often occur in real time or are posted on one of our chat rooms. You acknowledge we cannot, and do not intend to, screen communication in advance for accuracy or conformance to these Terms and Conditions or any laws. However we may elect in our sole discretion to monitor some, all or none of our public areas for adherence to these Terms and Conditions. Accordingly you acknowledge that we shall not assume or have any liability for any action or inaction with respect to Content or Content changes on or within our website. You also agree and acknowledge that any Content which you may submit or post to our website is not in violation of any of the Prohibited Conduct described in the following section.
Prohibited ConductYou agree to use our website only for lawful purposes. You shall not use the service or website to either directly or indirectly: Depict or in any way promote any activity which in any way involves sexual conduct involving minors; Harass, stalk, abuse or threaten any of the performers or models associated with our website; Provide any of your personal contact information to any performer or model associated with our website (and in the event that you do, you agree we have no liability for any results or events which occur because you did so); Intentionally or unintentionally violate any applicable local, national, international or foreign law; Post or submit any unlawful, harmful, threatening, abusive, harassing, obscene, hateful or racially or ethnically objectionable Content; Post, transmit, promote, link, or facilitate the distribution of Content that may generally be considered obscene, including but not limited to bestiality, urination/defecation, fisting, incest, extreme sadomasochism or bondage presented in a sexual context, or any presentation of minors engaged in intimate physical contact or sexual situations acted or depicted; Disrupt the normal flow of dialogue in a chat room or on a message board or otherwise act in a manner that negatively affects other Members, users, individuals or entities; Impersonate a minor, or any other person or entity; or communicate under a false name or name that you are not entitled or authorised to use; Post or submit a chain letter or pyramid scheme; Post or submit any unsolicited advertising, promotional materials or other forms of solicitation to other Members, individuals or entities, or collect or harvest screen name s of other Members, without permission; Post or submit any communication or solicitation designed to intend to obtain a password of an account or private or financial information from any Member; Violate any operating rules, policies or guidelines of any other interactive service or website in any way; or Spread or distribute any spam, viruses, bugs of any type whatsoever, junk email, or mass email solicitations.
DISCLAIMERSYOU AGREE YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. WE PROVIDE THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR PERSONAL USE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, RELATED COMPANIES, AGENTS, AND OTHER REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE OF THE SERVICE (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND OTHERS). OUR SERVICE IS PROVIDED ON A COMMERCIALLY REASONABLE BASIS. WE DO NOT GUARANTEE THAT A MEMBER WILL BE ABLE TO ACCESS THE SERVICE AT A TIME OR LOCATION OF MEMBER'S CHOOSING. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF OUR WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OUR WEBSITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS BY US OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED BY MEMBER OR ANY THIRD-PARTY AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR APPEARING ON OUR WEBSITE IN ANY ADVERTISING OR OTHERWISE. WE WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITYTO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY LIABILITY TO YOU OF ANY TYPE WHATSOEVER. IN NO EVENT WILL WE OR OUR OFFICERS, MANAGERS, OWNERS, DIRECTORS, EMPLOYEES, RELATED COMPANIES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) RESULTING FROM: (1) ANY ERRORS, MISTAKES, OR ACTIONS BY US IN ANY WAY RELATED TO YOUR USE OF THE SERVICE OR OUR WEBSITE; (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR USE OF THE SERVICE OR ACCESS TO THE SERVICE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICE, SERVERS, AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON OUR SERVERS; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS OF ANY KIND WHATSOEVER OF ANY TYPE IN ANY WAY RELATED TO THE SERVICE INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE RELATED IN ANY WAY TO THE SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN THE EVENT YOU CLAIM THERE WAS ANY PROBLEM WITH YOUR USE OF THE SERVICE, YOU AGREE THAT YOUR SOLE REMEDY SHALL BE TO SEEK REIMBURSEMENT FOR ANY FUNDS PAID FOR THE SERVICE, AND WE SHALL HAVE SOLE DISCRETION TO DETERMINE IF ANY PORTION OF YOUR FUNDS SHOULD BE REIMBURSED TO YOU. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE IN ANY WAY MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. BOTH PARTIES EXPRESSLY AGREE TO WAIVE THEIR RIGHTS TO ANY LONGER STATUTE OF LIMITATIONS.
INDEMNIFICATIONYou agree to indemnify, hold harmless and defend us and our officers, managers, owners, shareholders, directors, employees, related companies, agents, and other representatives from and against any and all lawsuits, claims, damages, obligations, losses, liabilities, costs or debts, and expenses in any way related to or arising from: (1) Your use of and access to the Service or use of Your account by any other person; (2) Your violation of any term of these Terms and Conditions; (3) Your violation of any third-party right, including without limitation any copyright, trademark, patent, other intellectual property right, privacy right, or any other right; (4) any claim that your Content caused damage to a third party; or (5) any action by you which is negligent, tortious or otherwise wrongful. We reserve the right, at your expense, to assume the exclusive defence and control of any matter subject to indemnification by you hereunder. This defence and indemnification obligation will survive these Terms and Conditions and Your use of the Service.
GENERAL PROVISIONSThese Terms and Conditions shall constitute the entire agreement between you and us, superseding any prior agreements, writings, or communications between you and us with respect to the subject matters discussed in these Terms and Conditions. If any part or portion of these Terms and Conditions is held invalid or unenforceable, that part or portion shall be construed consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining parts and portions shall remain in full force and effect. The rights and liabilities under these Terms and Conditions may not be transferred or assigned by you, although our rights and liabilities under these Terms and Conditions may be transferred or assigned by us in our sole discretion. No waiver or failure to enforce by us of any term or provision contained in these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision in any way. You also agree and accept that as we make available any new products on or through our website, your use of these products is subject to these Terms and Conditions. In addition to Content and services provided by us, or other entities may offer Content, software or other services to Members with their own terms and conditions and usage policies relating to your use. Failure to abide by these terms and conditions may result in termination of Your Membership to our website. As stated above, we reserve the right to amend or change these Terms and Conditions at any time and without direct notice to you. It is your responsibility to periodically review these Terms and Conditions for any amendments or changes. Your use of the Service following any such amendments or changes will signify your assent to and acceptance of any such amendments or changes.