Terms and Conditions
Effective Date: 12/16/2021
Last Modified: 12/16/2021
Acceptance of the Terms and Conditions
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE YOU START TO USE THE WEBSITE – THEY ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS.
1. Adults Only
In order to access and use the Website, you must be at least 18 years old or the age of majority in your jurisdiction, whichever is older (the "Age of Majority"). IF YOU ARE NOT OF THE AGE OF MAJORITY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE. By accessing and/or using the Website you agree that you have reached the Age of Majority and acknowledge that we have the sole and absolute right to terminate your Profile if we believe you are in violation of this requirement. If we believe you are in violation of this Age of Majority requirement, we will report you to law enforcement.
The Website is only open to consenting adults. We have zero tolerance for any minors on the Website, whether such individuals are actually minors or pretending to be minors perhaps in a misguided attempt at role-play. Moreover, we have zero tolerance for any image of any minor being uploaded to our platform for any reason. If you believe that a minor is using the site, we strongly request and encourage you to report each and every User he or she encounters which he or she believes or suspects to be under the age of 18 by contacting us at https://desperateamateurs.com/support2.php. All reports are reviewed as quickly as we can. If you are a minor, you must immediately leave this site now. You are not legally permitted on the Website for any reason, and if we find you on this Site, we will report you to law enforcement as noted above. We will not reactivate you for any reason ever. We also recommend that Users implement parental control protections, such as computer hardware, software, or filtering services, which reduce the opportunity for minors' access to Site.
2. User Accounts
In order to utilize specific features on the Website, individuals will need to become a Registered User (“User” or “Registered User”) by registering a Profile on the Website (“Account”).
You are solely responsible for maintaining the confidentiality of your Username and password and are fully responsible for all activities that occur under your Username and password, including without limitation any unauthorized access to the Website caused by you, including access which may violate applicable laws and/or subject you to criminal prosecution. This will result in your immediate ban from the Website and deactivation of your Profile. We will not release your password for security reasons. You agree to (i) immediately notify us of any unauthorized use of your Username or password or any other breach or suspected breach of security, and (ii) ensure that you log out of your Profile each time you stop interacting through the Website. We highly encourage all Users to turn on two-factor authentication to ensure the security of their Profile.
You are encouraged to maintain back-up copies of the content you post on your Profile. The Profile service may only be used by people who are at least 18 years old.
These are the following Types of Accounts that you can create:
1) Registered User Profile – basic profile allowing Users to _________________________________
2) Member Profile – a profile that allows a User to have additional functions in_________________________________________l.
Company reserves the right, at its sole discretion, to restrict, suspend, or terminate your access to all or any part of Desperate Amateurs, at any time, for any or no reason, with or without prior notice, and without liability.
3. Personal Enjoyment
Users of our Website in any manner certify that you are not a member of the media or any agency of law enforcement, or that if you are, you are using our Site solely for your personal enjoyment and not as part of any investigation or gathering of information, and that you will not use any such information in any manner without the express written permission of the Company. You agree that everything that you observe here will be kept in strict confidence, and that you will do nothing to jeopardize the privacy and identities of any other participant in the Site without the expressed written permission of the Company.
4. Your Privacy Rights
5. No Prostitution or Sex Trafficking
We strictly prohibit our Website being used in any way whatsoever to engage in, participate in, assist, support, or facilitate any act of prostitution, sex traﬃcking of children, or sex traﬃcking of anyone by means of force, fraud, or coercion. This includes but is not limited to prohibiting you from using our Website:
1) To attempt to contact and exchange any personal contact information with one of our Models or to have any communication with one of our Models which would in any way reasonably result in any type of face-to-face offline meeting involving you and one of our Models; or
2) to attempt to discuss in any way with one of our Models any type of transaction whatsoever involving use of any other service or method of interfacing with one of our Models, such as use of any other Internet-based service or product.
Any violation of these prohibitions will result in immediate cancellation of your Profile with us, and you will be blocked from ever using our Website in the future. We will cooperate fully with any criminal investigation by any police or other government criminal enforcement agency.
6. No In-Person Interactions
We do not recommend or condone any form of interaction between Users outside of the Website and, as disclosed elsewhere in these Terms, your use of and interactions through the Website are done at your own risk. Use of the Website to arrange face-to-face meetings for the purpose of engaging in illegal activity is strictly prohibited and will subject your Profile to immediate termination. If you elect to legally interact with any User outside of the Website, you do so at your own risk, and you acknowledge and agree that we are not responsible for any consequences of your election to interact with anyone, whether in person or otherwise, outside of the Website. We cannot and will not intervene in any matters or disputes which take place outside of the Website including with respect to situations where we are provided third party screen captures or records as we cannot verify such screen captures or records. In the event that you determine to communicate with another User outside of the Website despite these cautions, you should, at a minimum, consider the following precautions:
1. Anyone who can commit identity theft can also falsify a profile.
2. There is no substitute for acting with caution when communicating with any stranger who wants to meet you.
3. Never include your last name, email address, home address, phone number, place of work, or any other identifying information in your profile or initial email messages. Immediately stop communicating with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it.
4. If you choose to have a face-to-face meeting with another User, always tell someone in your family or a friend where you are going and when you will return. Never agree to be picked up at your home. Always provide your own transportation to and from the meeting, and meet in a public place with many people around.
5. All the money and gifts you send to other Users or Models, whether directly or indirectly, through the Website or outside of the Website, is done at your own risk. We will not intervene or become involved in any dispute between Users.
7. No Child Pornography
For the purpose of these Terms, "Child Pornography" includes, but is not limited to (i) any materials showing a person under the Age of Majority in a state of undress, or engaged in any suggestive or sexual acts of any kind; (ii) any materials that simulate the foregoing, such as dolls, animated films or shorts, adults made to look like children or suggest that they are below the Age of Majority; and, (iii) discussion of child pornography or child exploitation. Child Pornography and the exploitation of children is a serious crime. All Users are strictly prohibited from using the Website to distribute, access, or solicit Child Pornography or engage in any conduct or discussion exploitative of a person below the Age of Majority, including by way of role play. If you see anything on the Website that violates this provision or seems questionable, report it immediately to us at email@example.com. [A3] We will immediately investigate any claim and take the appropriate action. IF YOU ARE SEEKING OR HAVE AN INTEREST IN ANY TYPE OF PEDOPHILIC CONTENT, YOU MUST IMMEDIATELY LEAVE THIS SITE. YOU WILL BE BANNED FOR EVEN DISCUSSING SUCH ACTIVITY OR ENGAGING IN INAPPROPRIATE ROLE PLAY. SIMPLY PUT, PEOPLE WITH INTERESTS IN CHILDREN, INCLUDING EVEN JUST ROLE PLAY, ARE NOT WELCOME TO USE THE WEBSITE AND WILL BE DEALT WITH IN THE HARSHEST MANNER POSSIBLE.
8. Other Prohibited Conduct
You agree to use our site only for lawful purposes. You shall not use the Website, either directly or indirectly, to:
· For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
· Post or submit any unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, hateful, or racially or ethnically objectionable Content.
· Post or submit any Content or take any other action which might reasonably be expected to harass, threaten, embarrass, or cause distress, unwanted attention or discomfort for another User or other user of our Website or any other person or entity.
· Post, transmit, promote, link, or facilitate the distribution of Content that may reasonably be considered to be 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, lascivious display of the genitals, or sexual situations, acted or depicted.
· Harass, stalk, abuse, or threaten any of the Models on or associated with our Website.
· Provide any of your personal contact information to any User on or associated with our Website (and in the event that you do so, you agree that we have no liability for any results or events which occur because you did so).
· In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
· Transmit, or procure the sending of, any advertising or promotional, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
· Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
· Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or Users of the Website, or expose them to liability.
· Post or submit (or cause to be posted or submitted) a chain letter or pyramid scheme.
· Post or submit (or cause to be posted or submitted) any unsolicited advertising, promotional materials, or other forms of solicitation to other Users, individuals or entities, or collect or harvest screen names of other Users, without permission.
· Post or submit (or cause to be posted or submitted) any communication or solicitation designed or intended to obtain a password of an Profile or private or financial information from any User or other person.
· Spread or distribute any viruses, bugs of any type whatsoever.
· Create a new Profile in order to access the Website after your Profile or access has been terminated by the Company.
· Purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the User’s alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services.
· Take anything any other person has uploaded, posted, or emailed to you on Company and re-post such Content anywhere outside of Company without the expressed written permission of the person who uploaded, posted or emailed the Content to you.
· Post, directly or indirectly, any personally identifying information about another member without their consent. Personally identifying information can include, but is not limited to, a person's full name, first name, last name, email address, profession, phone number, address and place of work.
· Use Website to do any academic or corporate research without the expressed written consent of Company.
· Cross-post the same message, be it by one person or multiple people, more than 3 times in a day.
· Use Website for any fraudulent purposes.
· Collect or store personally identifying information about any other User(s) for commercial purposes without the expressed consent of those User(s) or for any unlawful purposes.
· Impersonate any person or entity, including, but not limited to, a Company or Company official, employee, consultant, or otherwise, or falsely state or otherwise misrepresent Your affiliation with a person or entity.
Additionally, you agree not to:
· Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
· Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Website that you are not authorized to access.
· Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
· Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent.
· Use or attempt to use another User’s Profile without authorization from such User and Company.
· Reverse engineer any aspect of the Website or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Company Content, area or code of the Website.
· Use any device, software, or routine that interferes with the proper working of the Website.
· Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
· Engage in any harassing, threatening, intimidating, predatory or stalking conduct.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
· Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Website.
We have and enforce a repeat infringer policy. We will terminate the Accounts of any User who is determined to be a repeat infringer.
“Desperate Amateurs,” the Desperate Amateurs logo and any other Desperate Amateurs product or service names, logos, designs or slogans that may appear on the Website are trademarks of Desperate Amateurs and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “Desperate Amateurs” or any other name, trademark or service name of Desperate Amateurs without our prior written permission. In addition, the look and feel of the Website and Company Content, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Desperate Amateurs and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website or Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Desperate Amateurs.
10. Linking to the Website
You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Website for noncommercial purposes, provided that such link does not portray Company or any of our services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
11. Advertisers and Content Linked to the Website
Company 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 Company to access third-party material or by bringing the third party material into this Website via "inverse" hyperlinks and framing technology. Company has no control over such sites and resources. You acknowledge and agree that Company is not responsible for the availability of such external sites or resources, and does not endorse and is 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 Company 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 Company Content, products and/or 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 Company 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 in the Content, products and/or services.
12. Intellectual Property of The Company
Nothing within these Terms shall be construed as conferring any license under any of the Company's or under 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 the Website is protected by copyright, trademark, patent, or other proprietary rights of the Company and its affiliates, licensors and service providers (“Company Content”). Except as expressly permitted to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by the Company in connection with the products (if any) and services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by the Company, any of the Company’s affiliates, or any of the Company’s service providers. You agree not to use any of the trademarks or service marks or other Company Content accessible through Company for any purpose other than the purpose for which such Company Content is made available to users by the Company. You agree not to defame or disparage the Company, the trademarks or service marks of Company, or any aspect of the products (if any) 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 the Company. All marks that appear throughout the products and services belong to Company or the respective owners of such marks, and are protected by U.S. and international copyright and trademark laws. Any use of any of the marks appearing throughout the products and services without the express written consent of Company or the owner of the mark, as appropriate, is strictly prohibited. Company 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 the Website in order to access third-party material or by bringing third-party material into this Website via "inverse" hyperlinks and framing technology. The Company has no control over such third-party sites and resources. You acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Company Content, advertising, products, or other materials on or available from such third-party sites or resources. You further acknowledge and agree that the Company 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 Company Content, goods or services available on or through any such site or resource.
13. Information on the Website
14. Payment and Billing Information
In order to purchase a 30-day Subscription (“Subscription”) or a Recurring Membership (“Membership”) on the Website, you must provide our Payment Processor with accurate and complete billing information in accordance with the Payment Processor’s Terms and Conditions.
THE COMPANY DOES NOT RETAIN ANY OF THE PAYMENT INFORMATION PROVIDED BY YOU TO THE PAYMENT PROCESSOR, AND YOU HEREBY WAIVE ALL AND ANY CLAIMS OF LIABILITY AGAINST COMPANY ARISING FROM THE MISUSE OF SUCH INFORMATION BY SUCH THIRD-PARTY PAYMENT PROCESSOR. Notwithstanding the foregoing, only the last 4 digits of your credit/debit card may be stored on the Website to let you know which card you are using. The Company shall not be liable for any payment or similar issues that arise due to the third-party service. The Company may change the third-party service from time to time.
By providing a credit or debit card or other payment method that our Payment Processer accepts, you represent and warrant that you are authorized to use the designated payment method and that you authorize our third-party payment processor to charge your payment method for the total amount of your Subscription or Membership, or use any other paid function of the Website (collectively “Transactions”) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Order. If you want to change or update your payment method information, you can do so at any time by logging into your Profile . You agree to immediately update your Profile information in the event of any change in your payment information. The Company reserves the right at any time to change its billing methods.
If a payment is not successfully settled and you do not edit your payment method information or cancel any Transaction, or terminate your Profile, as applicable, you remain responsible for any uncollected amounts and, with respect to your unpaid Transaction period, authorize us to continue billing the payment method, as it may be updated. You acknowledge that the amount billed may vary due to promotional offers, preferences you select, changes you make to your Transaction or changes in applicable taxes or other charges, and you authorize us (and our third party-payment processor) to charge your payment method for the corresponding amount.
If you are paying dollar-based fees in a currency other than U.S. dollars, your bank or financial institution may impose fees for currency exchange and for international transactions. For example, Visa and MasterCard typically charge a processing fee on international transactions, and most card-issuing banks add their own small additional fees, generally a percentage of your overall purchase price. Similar considerations apply when there is a diﬀerence between the currency in which fees are quoted on the Website and the dollar exchange rate of the currency in which you make your actual payment. You are responsible for all charges associated with connecting to or using our Website and all amounts owed to your internet service provider. You agree that all such charges incurred by you are entirely your responsibility. For example, depending on your particular location and chosen internet service provider, you may be responsible for long-distance charges and/or other communication surcharges. Funds transferred to your Profile, as well as discounts and promotional pricing associated with your Profile, will expire as applicable, except where prohibited by applicable laws. We reserve the right to set the expiration date of these items in our sole discretion.
If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within 30 days after such billing error first appears on any Profile statement, such fee will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within 30 days of its publication. We reserve the right to impose transaction limits on Users based upon a variety of factors including, without limitation, length of membership to the Website, location, change in access information, and amount of refund requests. Please note that abuse of special offers, including creating multiple accounts to take advantage of such offers, is a violation of these Terms.
15. Memberships and Recurring Charges
Certain functions of our Website, such as access to our recurring exclusive and original, real amateur monthly content, and license to download all content on the site for as long as your membership is active, requires a Recurring Membership payment to be performed in accordance with various plans offered on the Website at https://desperateamateurs.com/buy.html (“Membership Plans”). Membership Plans and fees relating thereto will be fully disclosed to you before you perform the Recurring Membership payment. No charge or transfer will be made to your debit/credit card, or related to your alternative payment method, without your authorization for payment by your accessing of the pay areas on your Registered User Profile.
All Membership fees are prominently disclosed to you prior to your authorization of the Membership charge and its recurrence. An authorization of a Membership provides you with the recurring exclusive and original, real amateur monthly content, and license to download all content on the site for as long as your membership is active. Upon signing up for a Membership, you are provided 30 days of access to the paid section of the Website. If you choose to cancel the recurrence of the Membership renewal, your Membership will expire at the end of the initial 30-day period. Memberships are listed in your Profile on the Website, and cancellation can be facilitated from that page, as well as in accordance with the Cancellation Section of these Terms.
WHEN YOU SING UP FOR A RECURRING MEMBERSHIP, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) OUR THIRD-PARTY PAYMENT PROCESSOR IS AUTHORIZED TO CHARGE YOU ON A RECURRING MONTHLY BASIS FOR THE PURCHASE EQUAL TO YOUR MONTHLY MEMBERSHIP (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR MEMBERSHIP CONTINUES, AND (B) YOUR MEMBERSHIP IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE WEBSITE IN ACCORDANCE WITH THESE TERMS.
16. Prices on the Website
All prices for the Transactions and Memberships on our Website are shown in USD on the respective “Buy” page of the Website located at https://desperateamateurs.com/buy.html. Applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices and conversion rates as we may determine in our sole discretion, at any time and without notice, including without limitation, as based on any criteria as we may establish from time to time; provided, however, that if we change the amounts or other charges associated with our various Membership Plans, we will provide advance notice of such changes by sending an email to the email address associated with your Profile, or by any other means deemed reasonable by us in our sole and absolute discretion.
If any such change is unacceptable to you, you may terminate your Profile as provided below. Your continued use of our Website following the eﬀective date of any such change shall constitute your acceptance of any such change.
If you place an Order and Content (for the purposes of this section – “Service”) is discontinued or otherwise becomes unavailable for any reason, Company reserves the right to (i) cancel your order and provide you a refund for the amount paid for the Service (if the Service is a one-time product order or Transaction), (ii) substitute the Service with a similar Service (if the Service is subject to a subscription, like, by means of illustration and not limitation, a Membership) or (iii) issue you a pro rata refund – a choice of said options (or none of the options at all) being at the sole and absolute discretion of Desperate Amateurs handled on a case-by-case basis. If the Company elects, at its sole discretion to provide you with a refund, you hereby agree and acknowledge that Company does not refund any interest or transaction fees that might have been charged to you by your financial institution or the Payment Processor, and you agree that Company is not liable to you for such interest or fees.
18. Cancellations of Memberships
You may cancel your Membership online by emailing https://support.ccbill.com/
Cancellations must be set in your Profile or communicated to the Company by the last day of your then-current Membership period. You will not receive a refund for the fees you already paid for your current Membership period, unless the Company decides to provide you with such a refund in accordance with the Refunds Section of these Terms, but you will be able to access the Content that you subscribed to until the end of your current Membership period.
19. Account Termination
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate or suspend your right to access or use the Website and the Profile, at any time and for any or no reason, including, without limitation, any violation of these Terms.
If you have materially breached any provision of these Terms, or if the Company is required to do so by law, the Company has the right to, immediately and without notice, suspend or terminate any services provided to you. You agree that all terminations for cause shall be made in Company’s sole discretion and that Company shall not be liable to you or any third party for any termination of your Profile. We reserve the right to suspend or stop providing access to the Website (or any features or functionality of the Website) at any time without notice and without obligation or liability to you.
If your registration, Profile with or ability to access the Website is discontinued by Company due to your violation of any portion of these Terms, then you agree that you shall not attempt to re-register with or access the Website through use of a different member name or otherwise, without written consent from Company, and you acknowledge that you will not be entitled to receive a refund for fees related to those Services to which your access has been terminated. In the event that you violate the immediately preceding sentence, Company reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
Active Users may not allow former Users or other agents whose Accounts have been terminated to use their Accounts. Any delinquent or unpaid accounts with unresolved issues with us must be fully paid or otherwise resolved before you may re-register with our Website. Users using multiple accounts without prior express written permission from us shall have their Accounts terminated. Even after your right to use the Website is terminated, these Terms will remain enforceable against you.
You may terminate your Profile any time by https://support.ccbill.com/ in your Profile Settings or contacting our customer support at https://desperateamateurs.com/support2.php. You agree to be personally liable for any and all charges incurred by your Profile, Username, and password until terminated as provided herein. Upon our processing of your request to terminate your Profile, you will no longer have access to the non-public areas of the Website nor will you have access to any exclusive paid Website Content in your Profile.
You accept that when you cancel your Profile you will be automatically locked out of the non-guest section of the Website, and will no longer be able to access your Profile, including any and all exclusive Website Content. You also agree and accept that upon termination of your Profile, we have no obligation to maintain or store any content, mail or other materials connected to or in your Profile and that such information may be irretrievable.
When you terminate your Profile or if your Profile is suspended for violating any of the provisions of these Terms or other policies, you agree that any remaining or unused Membership will be forfeited and no refunds will be issued for any remaining or unused Membership. Further, if your deactivated Profile is reinstated at a later date, you agree that any remaining or unused Membership you have remaining at the time of your Profile deactivation will not be reinstated with your Profile.
20. User Representations and Warranties
You represent and warrant the following:
· You are familiar with the laws in your area that may affect your legal right to access or transmit erotica or adult-oriented material and, by your accessing the site, you are representing and warranting that you are not prohibited by law from accessing or using the Website or transmitting in any way any adult-oriented material.
· You are not a registered sex offender in any jurisdiction and have never been convicted of any type of sexual crime against any person or animal.
· You are voluntarily choosing to proceed with your use of the Website because you want to view, read, or hear various content, including, without limitation, content of an explicit adult nature for your own personal enjoyment, information, and/or education.
· You are familiar with the standards in your community regarding acceptance of sexually-oriented materials, and the materials you expect to encounter through use of the Website are within your community standards. Should the content you encounter through the Website not meet your community standards, you will immediately cease use of the Website.
· You have not notified any governmental agency, including the U.S. Postal Service, that you do not wish to receive sexually oriented material.
· You will not violate any civil or other rights of any other User or any third party.
· Any content that you upload or stream will be your original work and not infringe the intellectual property rights of any third-party.
· You will follow all applicable laws governing your use of the Website; and
· You will not violate any provision of these Terms.
YOUR USE OF THE WEBSITE OR OUR MEMBERSHIP OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH OUR WEBSITE OR SERVICE YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH DATA OR INFORMATION.
22. Limitation on Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DESPERATE AMATEURS, ITS PAST, PRESENT AND FUTURE LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, CONSULTANTS, EQUITY HOLDERS, SUPPLIERS, VENDORS, SERVICE PROVIDERS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY “DESPERATE AMATEURS PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF GOODWILL, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE WEBSITE OR CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, THIRD PARTY CONTENT AND LINKS TO THIRD PARTY WEBSITE), OR THE ORDER, RECEIPT OR USE OF ANY SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM ANY DESPERATE AMATEURS PARTY, OR FROM EVENTS BEYOND THE DESPERATE AMATEURS PARTIES’ REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE DESPERATE AMATEURS PARTIES’ RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE THE DESPERATE AMATEURS PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH DESPERATE AMATEURS PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE DESPERATE AMATEURS PARTIES ARE LIABLE TO YOU EXCEED THE LESSER OF (A) THE TOTAL AMOUNT ACTUALLY PAID TO DESPERATE AMATEURS BY YOU DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE OR REGULATION UNDER WHICH SUCH CLAIM ARISES, OR (C) ONE HUNDRED DOLLARS ($100).
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DESPERATE AMATEURS AND YOU. THE DESPERATE AMATEURS PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY WEBSITE CONTENT, OR PERSONALIZATION SETTINGS.
THE LIMITATIONS SET FORTH IN THIS SECTION SHALL NOT AFFECT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER THE APPLICABLE LAW/JURISDICTION.
23. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Desperate Amateurs, and our Desperate Amateurs Parties from and against all actual or alleged Desperate Amateurs Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) any use or misuse of the Website, Company Content or Website Content by you or any third party you authorize to access or use the Website, Company Content or Website Content, (b) your violation of these Terms, and (c) your violation of the rights of another. You agree to promptly notify Desperate Amateurs of any third party Claims, cooperate with the Desperate Amateurs Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). You further agree that the Desperate Amateurs Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Desperate Amateurs.
25. Copyright Violations
Company respects the intellectual property of others. It is Company's policy to respond expeditiously to claims of copyright and other intellectual property infringement. Company will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Company may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Company will terminate access for users who are repeat infringers.
Notifying Company of Copyright Infringement:
To provide Company notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." to https://desperateamateurs.com/support2.php [A10] that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
Providing Company with Counter-Notification:
If you feel that your material does not constitute infringement, you may provide Company with a counter-notification by written communication to the attention of "DMCA Counter-Notification Dept." at https://desperateamateurs.com/support2.php that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of legal counsel.
26. Promotional Communications from Us
We may from time to time send promotional or marketing communications to you if you have registered with us. If you receive any such communication, you will be given the opportunity to unsubscribe from future communications by following the instructions you receive from us. If you otherwise have any issues concerning any communication you receive from us, please contact us by using the email address indicated in the Contact Us section of these Terms.
Some of our trusted partners may communicate with a registered user to present special oﬀers. However, we do not allow spam, illegal or misleading communications relating to our Website. Please contact us by using the email address indicated in the Contact Us section of these Terms. If you receive any such spam or misleading communication in any way related to our Website. If we become aware of any such communication, we will take appropriate disciplinary or corrective action. our disciplinary or corrective action may include termination of services, expulsion from our Website, forfeiture of payments, and others.
27. Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Website (or any features or parts thereof) at any time. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.
28. Geographic Restrictions
Company is based in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
29. Governing Law and Jurisdiction
All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be construed, interpreted and enforced in accordance with, and shall be governed by, the laws of the State of Florida applicable to agreements entered into and to be wholly performed therein. In the event of any conflict between any provisions hereof and any applicable laws to the contrary, the latter shall prevail, but these Terms shall be deemed modified only to the extent necessary to remove such conflicts, and the remaining clauses shall be interpreted so as to effect as nearly as possible the original intentions of the Parties.
30. Dispute Resolution
Only the courts (state and federal) sitting in Tampa, Hillsborough County[A11] , Florida will have jurisdiction of any controversies regarding these Terms. Any action or other proceeding which involves such a controversy will be brought in those courts and not elsewhere, and the Parties hereby waive any objection they may have to the appropriateness, jurisdiction and venue of such courts (including without limitation any objections based on the doctrine of forum non conveniens). Any process in any such action or proceeding may, among other methods, be served by delivering it or mailing it, by certified mail, or by US Mail Priority Mail, directed to the address first above written or such other address as the addressee has designated from time to time. Any such delivery or mail service shall be deemed to have the same force and effect as personal service within the State of Florida.
31. Electronic Communications
The communications between you and Desperate Amateurs use electronic means, whether you visit the Website or send Desperate Amateurs e-mails, or whether Desperate Amateurs posts notices on the Website or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Desperate Amateurs in an electronic form; and (2) agree that all terms, agreements, notices, disclosures, and other communications and documents that Desperate Amateurs provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in "writing." The foregoing sentence does not affect your statutory rights.
These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Desperate Amateurs' prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
33. Force Majeure
Desperate Amateurs shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, epidemic, pandemic, riots, protests, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Where Desperate Amateurs requires that you provide an e-mail address, you are responsible for providing Desperate Amateurs with your most current e-mail address. In the event that the last e-mail address you provided to Desperate Amateurs is not valid, or for any reason is not capable of delivering to you any notices required/permitted by these Terms, Desperate Amateurs dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Desperate Amateurs at the address of: Media Originals LLC, 7901 4th St N 300 St. Petersburg, Fl 33702. Such notice shall be deemed given when received by Desperate Amateurs by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
To resolve or report a complaint regarding the Website, send an email detailing your complaint to the address listed in our Complaints Policy located at https://desperateamateurs.com/support2.php. In appropriate circumstances, we will take immediate action in order to help resolve the problem. You agree that in attempting to resolve any complaint you send to us we may, in our sole and exclusive determination, share your complaint in part or in whole with other individuals involved and/or otherwise implicated in the complaint.
37. Changes to these Terms
We may update our Terms from time to time. If we make material changes to these Terms we will notify you by posting the new Terms on this page. We will let you know via email and/or a prominent notice on our Website, prior to the change becoming effective and update the "Last Modified" date at the top of these Terms. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and these Terms to check for any changes. You are advised to review these Terms frequently for any changes. Changes to these Terms are effective when they are posted on this page.
38. Contact Us
All other feedback, comments, requests for technical support, and other communications relating to the Website or these Terms should be directed to:
Media Originals LLC
7901 4th St N 300 St. Petersburg, Fl 33702