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Terms

Kinkster's Terms and Conditions of Use

By use of kinkster.org you agree to the Terms and Conditions.

1. Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 years of age (or minimum age required by local law to view adult material) to use this website.  By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age (or minimum age required by local law to view adult material).

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our Kinkster's use of cookies in accordance with the terms of Kinkster's privacy policy.

The materials contained in this web site are protected by applicable copyright and trade mark law.

2. License to use website

Unless otherwise stated, Kinkster and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Kinkster's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you must not:
    1. modify or copy the materials; or
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial); or
    3. show any material from the website in public; or
    4. sell, rent or sub-license material from the website; or
    5. attempt to decompile or reverse engineer any software contained on Kinkster's web site; or
    6. use Kinkster in any way pertaining to child custody disputes; or
    7. reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose; or
    8. remove any copyright or other proprietary notations from the materials; or
    9. use images, videos, audio, or 'screenshots' againt any Kinkster staff or it's members; or
    10. transfer the materials to another person or "mirror" the materials on any other server; or
    11. capture images, videos, copy or take 'screenshots' of any contents contained on Kinkster's web site; or
    12. disclose any information contained on Kinkster's web site.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Kinkster at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

  • You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spy-ware, computer virus, Trojan horse, worm, keystroke logger, root-kit or other malicious computer software.
  • You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Kinkster's express written consent.
  • You must not use this website to transmit or send unsolicited commercial communications.
  • You must not use this website for any purposes related to marketing without Kinkster's express written consent.

4. Restricted access

Access to certain areas of this website is restricted. Kinkster reserves the right to restrict access to areas of this website, or indeed this entire website, at Kinkster's discretion.

If Kinkster provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. 

Kinkster may disable your user ID and password in Kinkster's sole discretion without notice or explanation.

5. User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Kinkster a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Kinkster the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Kinkster or a third party (in each case under any applicable law). 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Kinkster reserves the right to edit or remove any material submitted to this website, or stored on Kinkster's servers, or hosted or published upon this website.

Notwithstanding Kinkster's rights under these terms and conditions in relation to user content, Kinkster does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

6. No warranties

This website is provided "as is" without any representations or warranties, express or implied. Kinkster makes no representations or warranties in relation to this website or the information and materials provided on this website. 

Without prejudice to the generality of the foregoing paragraph, Kinkster does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

7. Limitations of liability

Kinkster will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Kinkster has been expressly advised of the potential loss.

8. Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Kinkster's liability in respect of any:

  • death or personal injury caused by Kinkster's negligence;
  • fraud or fraudulent misrepresentation on the part of Kinkster; or
  • matter which it would be illegal or unlawful for Kinkster to exclude or limit, or to attempt or purport to exclude or limit, its liability.

9. Reasonableness

By using this website, you agree that the exclusions, penalties, and limitations of liability set out in this website disclaimer are reasonable. 

If you do not think they are reasonable, you must not use this website.

10. Other parties

You accept that, as a limited liability entity, Kinkster has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Kinkster's officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Kinkster's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Kinkster.

11. Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

12. Disclaimer

The materials on Kinkster's web site are provided "as is". Kinkster makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Kinkster does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

13. Other limitations

In no event shall Kinkster or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Kinkster's Internet site, even if Kinkster or a Kinkster authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

14. Revisions and Errata

The materials appearing on Kinkster's web site could include technical, typographical, or photographic errors. Kinkster does not warrant that any of the materials on its web site are accurate, complete, or current. Kinkster may make changes to the materials contained on its web site at any time without notice. Kinkster does not, however, make any commitment to update the materials.

15. Links

Kinkster has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Kinkster of the site. Use of any such linked web site is at the user's own risk.

16. Site Terms of Use Modifications

Kinkster may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use and any changes that are made.

17. Indemnity

You hereby indemnify Kinkster and undertake to keep Kinkster indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Kinkster to a third party in settlement of a claim or dispute on the advice of Kinkster's legal advisers) incurred or suffered by Kinkster arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

18. Breaches of these terms and conditions

Without prejudice to Kinkster's other rights under these terms and conditions, if you breach these terms and conditions in any way, Kinkster may take such action as Kinkster deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your Internet Service Provider to request that they block your access to the website and/or bringing court proceedings against you.

You herby agree to pay Kinkster one million dollars ($1,000,000.00 USD) per individual instance of a terms and conditions breach outlined in the entire Terms and Conditions agreement within thirty (30) days of notice. If such funds cannot be provided in the required time you agreed to by use of this website - you agree to surrender personal property of value including, but not limited to; houses, boats, cars / turcks, retirement plans, business assists, investments accounts / stock, pets (where pets are considered property), kid's college funds and anything deemed of value by Kinkster - you agree surrendering of property only goes against total debt owed and does not forgive total monetary debt.

You agree to wave your right to a trial by jury for any breaches of the Terms and Conditions if Kinkster.org, Kinkster owners, employees, members, and/or advertisers bring court proceedings against you.

19. Variation

Kinkster may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

20. Assignment

Kinkster may transfer, sub-contract or otherwise deal with Kinkster's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

21. Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

22. Entire agreement

These terms and conditions constitute the entire agreement between you and Kinkster in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

23. Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with United States Federal Law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Kinkster's sole decision.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

  • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
  • We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
  • We will only retain personal information as long as necessary for the fulfillment of those purposes.
  • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
  • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
  • We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
  • We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.