Terms And Conditions

1. ACCEPTANCE

By using and/or visiting the FckClub.net website (collectively, including but not limited to all Content, Uploads and User Submissions available through FckClub.net, “FCKCLUB”, the Website) you agree to the terms and conditions contained herin and the terms and conditions of FckClub.net’s privacy policy incorporated herin, and all future amendments and modifications (collectively referred to as the “Agreement”). By entering, you agree to be bound by these terms and conditions. If you do not agree to be bound the terms and conditions contained herein, then do not use FckClub.net.

The terms and conditions of this Agreement are subject to change by FckClub.net at any time in its sole discretion and you agree be bound by all modifications, changes and/or revisions. If you do not accept to be bound by any and all modifications, changes and/or revisions of this agreement, you many not use FckClub.net.

The terms and conditions contained herein apply to all users of FckClub.net whether a ‘visitor’ or a ‘member’ and you are only authorized to use FckClub.net if you agree to abide by all applicable laws and be legally bound by the terms and conditions of this Agreement.

2. DESCRIPTION

FckClub.net contains proprietary video content, information and other materials created and posted by FckClub.net and available for download by users (“Subscribers”) to view visual depictions of adult content, including sexually explicit images (collectively the “Content”). The FckClub.net website also allows for uploading, sharing and general viewing various types of content allowing registered and unregistered users to share (the “User Submissions”). FckClub.net allows its users to view the Content and Website subject to the terms and conditions of this Agreement.

In addition, The FckClub.net website may also contain certain links to third party websites which are in no way owned or controlled by FckClub.net. FckClub.net assumes no responsibility for the content, privacy policies, practices of any and all third party websites. FckClub.net cannot censor or edit the content of third party sites. You acknowledge that FckClub.net will not be liable for any and all liability arising for your use of any third-party website.

FckClub.net is for your personal use and shall not be used for any commercial endeavor except those specifically endorsed or approved by FckClub.net. Any illegal and/or unauthorized use of FckClub.net is prohibited including but not limited to collecting usernames and e-mail addresses for sending unsolicited emails or unauthorized framing or linking to the FckClub.net website is prohibited.

3. ACCESS

In order to use this website, you affirm that you are at least eighteen (18) year of age and/or over the age of majority in the jurisdiction you reside and from which you access the website where the age of majority is greater than eighteen (18) years of age. If you are under the age of 18 and/or under the age of majority in the jurisdiction you reside and from which you access the website, then you are not permitted to use the website.

4. CONDUCT

You acknowledge and agree that you shall be responsible for your own use of the Content and User Submissions and the consequences of downloading, posting, uploading, publishing, transmitting or other making them available on FckClub.net. You agree that you shall not (nor others using your account) download, post, upload, publish, transmit or make available in any way on FckClub.net Content which is illegal, unlawful, harassing, harmful, threatening, tortuous, abusive, defamatory, obscene, libelous, invasive of one’s privacy including but not limited to personal information, hateful, racial. You also agree that you shall not post, upload, publish, transmit or make available in any way on FckClub.net software containing viruses or any other computer code, files, or programs designed to destroy, interrupt, limit the functionality of, or monitor, or persistently reside in or on any computer software or hardware or telecommunications equipment. You agree that you shall not (nor others using your account) download, post, upload, publish, transmit or make available in any way on FckClub.net content which is intentionally or unintentionally violating any applicable local, state, national, or international law, or any regulations or laws having the force of law where you reside and elsewhere, including but not limited to any laws or regulations relating to securities, privacy, and export control; engage in, promote, You agree that you shall not (nor others using your account) download, post, upload, publish, transmit or make available in any way on FckClub.net content depicting illegal activities, promote or depict physical harm or injury against any group or individual, or promote or depict any act of cruelty to animals; You agree not to use FckClub.net in any way that exposes FckClub.net to criminal or civil liability.

You agree that FckClub.net shall have the right to determine in its sole and unfettered discretion, what action shall be taken in the event of any discovered or reported violation of the terms and conditions contained herein.

5. INTELLECTUAL PROPERTY

The Content and User Submissions contained on FckClub.net including but not limited to the text, software, scripts, graphics, music, videos, photos, sounds, interactive features and trademarks, service marks and logos contained therein, are owned by and/or licensed to FckClub.net, subject to copyright and other intellectual property rights under United States, Canada and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. FckClub.net reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, and/or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to disable, circumvent, or otherwise interfere with security related features of the FckClub.net or features that prevent or restrict use or copying of any Content or enforce limitations on use of the FckClub.net Website or the Content therein.

6. USER SUBMISSIONS

FckClub.net permits the submission of video and other communications and the hosting, sharing and publishing of such user submissions. You understand that whether or not such User Submissions are published and/or uploaded, FckClub.net does not guarantee any confidentiality with respect to any submissions.

FckClub.net allows/permits you to link to materials on the Website for personal, non-commercial purposes only. More over, FckClub.net provides an “Embeddable Player” feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the FckClub.net website on the pages containing the Embeddable Player. FckClub.net reserves the right to discontinue any aspect of the FckClub.net website at any time. In addition, you may not modify, build upon or block any portion of the Embeddable Player in any way.

You shall be solely responsible for any and all of your own User Submissions and the consequences of posting, uploading and publishing them. Furthermore, with User Submissions, you affirm, represent and/or warrant that you own or retain the necessary licenses, rights, consents, and permissions to use and authorize FckClub.net to use all trademarks, copyrights, trade secrets, patents, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and you will not post, or allow anyone else to post, any material that depicts any person under the age of 18 years and you have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submissions are, in fact, over the age of 18 years. You have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. By submitting the User Submissions to FckClub.net, you hereby grant FckClub.net a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the FckClub.net Website and FckClub.net’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the FckClub.net Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the FckClub.net Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the FckClub.net Website.

In submitting material (video or other communication), you further agree that you shall not:

submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant FckClub.net all of the license rights granted herein;
publish falsehoods or misrepresentations that could damage FckClub.net or any third party;
submit material that is obscene, illegal, unlawful, defamatory, libelous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
post advertisements or solicitations of business;
impersonate another person.

FckClub.net does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and FckClub.net expressly disclaims any and all liability in connection with User Submissions. FckClub.net does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and FckClub.net will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. FckClub.net reserves the right to remove Content and User Submissions without prior notice or delay. FckClub.net will also terminate a User’s access to its Website, if they are determined to be an infringer. While pornographic and adult content are accepted, FckClub.net also reserves the right to decide in its sole and unfettered discretion, whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material, or excessive length. FckClub.net may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

You understand and acknowledge that when using FckClub.net, you will be exposed to User Submissions from a variety of sources, and that FckClub.net is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against FckClub.net with respect thereto, and agree to indemnify and hold FckClub.net, its Owners, affiliates, operators, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the website.

You agree that FckClub.net may at its sole discretion have the right to refuse to publish, remove, or block access to any User Submission that is available via the Website or other FckClub.net network or services at any time, for any reason, or for no reason at all, with or without notice.

FckClub.net provides its website as a service to its users. However, FckClub.net assumes no responsibility whatsoever for monitoring the FckClub.net Services for inappropriate content or conduct. If at any time FckClub.net chooses, in its sole discretion, to monitor the FckClub.net Services, however, FckClub.net assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content. FckClub.net may review and delete any User Submissions that, in its sole judgment, violates this Agreement or may be otherwise offensive or illegal, or violate the rights, harm, or threaten the safety of any User or person not associated with the Website (collectively “Inappropriate User Submissions”). You are solely responsible for the User Submissions that you make visible on the Website or to any third-party website via an embedded player provided by the Website or any other material or information that you transmit or share with other Users or unrelated third-parties via the Website.

You further understand, acknowledge, agree and specifically authorize FckClub.net to use, reuse, post, publish or upload any User Submissions on any other website owned or controlled by FckClub.net or on any website with whom FckClub.net has an agreement with respect to User Submissions content or sponsor uploaded video. In addition, User submission is deemed to include any sponsored or otherwise branded uploaded videos. FckClub.net reserves the right to determine as its discretion on what basis would a User submissions or an uploaded video might be shared with other websites (rating, number of views, user reviews, etc.).

7. ACCOUNT TERMINATION POLICY

A User’s access to FckClub.net will be terminated if, under appropriate conditions, the User is determined to infringe repeatedly. FckClub.net reserves the right to decide whether Content or if a User’s Submission is appropriate and complies with these Terms and Conditions in regards to violations other than copyright infringement or privacy law, such as, but not limited to, hate crimes, pornography, obscene or defamatory material, or excessive length. FckClub.net may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms and Conditions at any time, without prior notice and at its sole discretion.

8. POLICY

FckClub.net abides by a ZERO TOLERANCE policy relating to any illegal content. Child Pornography, bestiality, rape, torture, snuff, death and/or any other type of obscene and/or illegal material shall not be tolerated by FckClub.net. FckClub.net shall not condone child pornography and will cooperate with all governmental agencies that seek those who produce child pornography.

9. FEES and BILLING

9.1. Billing

Authorize.net, PaymentCloud, Square, Probiller.com, Segpay, or others (depending on Subscriber geographical location) (the “Biller”) may appear on Subscriber’s credit card, bank statement, or phone bill for all applicable charges. If multiple venues are joined utilizing any payment method, Subscriber’s statement will list each individual purchase comprising the transaction. Biller may include other information on Subscriber statement based on credit card association, telephone regulation, NACHA and any other mandated rules and regulations. If Subscriber elects to use a checking account to purchase a subscription to this site, a debit will be executed on their checking account.

9.2. Tax

Value-Added Tax (VAT), Sales Tax or other excise tax may be included in, or added to, your purchase depending on your country, state, territory, city, or on other applicable local regulations. Tax rates may vary accordingly.

9.3. Payment / Fee

The Sites may have periodic subscription fees at the time of the initial enrolment for subscription. The member is responsible for such fees according to the terms and conditions of such Site.

9.4. Automatic Recurring Billing (If Selected By Subscriber On The Sign Up Page)

In accordance with the terms and conditions of the Site subscription fees may be automatically renewed at or after the end of the original term selected, for a similar period of time and for a similar or lower amount, unless notice of cancellation is received from the Subscriber. Unless and until this agreement is cancelled in accordance with the terms hereof, Subscriber hereby authorizes Biller to charge subscriber’s chosen payment method to pay for the ongoing cost of membership. Subscriber hereby further authorizes Biller to charge subscriber’s chosen payment method for any and all additional purchases of materials provided on the site. In the event of an unsuccessful recurring payment, an administration fee of up to $2.00 may be applied in order to keep a subscription temporarily active until the full subscription fee can be processed successfully.

9.5. Agreed upon Method of Communication

Biller and the Subscriber agree that a transaction receipt will be provided via email to the subscriber’s address provided at the time of initial enrolment. Subsequent transactional updates may be communicated to the Subscriber through the members’ area on the Site upon login to ensure receipt in the event Subscriber has unsubscribed from email communications.

9.6. Electronic Receipt

Subscribers will receive an email receipt to their email provided upon initial subscription.

9.7. Cancellation

At any time, and without cause, subscription to the service may be terminated by either: Biller, the Site, or the Subscriber upon notification of the other by electronic or conventional mail, by chat, or by telephone. Subscribers are liable for charges incurred until the date of the termination. Subscribers may cancel at any time by email to [email protected] attn: Support

9.8. Refunds

Refunds for purchases or recurring charges may be requested by contacting customer support. Refunds or credits will not be issued for partially used Memberships. Cancellation for all future recurring billing may be requested in accordance with Section 9 – Cancellation. Biller reserves the right to grant a refund or a credit applicable to purchases to the Site at its discretion. The decision to refund a charge does not imply the obligation to issue additional future refunds. Should a refund be issued by Biller for any reason, it will be credited solely to the payment method used in the original transaction. Biller will not issue refunds by cash, check, or to another payment mechanism.

10. WARRANTIES

You represent and warrant that all of the information provided by you to FckClub.net to participate in the FckClub.net website is accurate and current and you have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of you hereunder.

As a condition to using the FckClub.net, you must agree to the terms of FckClub.net’s privacy policy and its modifications. You acknowledge and agree that the technical processing and transmission of the Website, including your User Submissions, may involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by FckClub.net with regard to its users may be disclosed in accordance with the FckClub.net Privacy Policy.

11. WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE FckClub.net WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FckClub.net, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. FckClub.net MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FckClub.net WEBSITE. FckClub.net DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FckClub.net WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FckClub.net WILL NOT BE A PARTY TO OR IN ANY WAY BE 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. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT FckClub.net SHALL NOT BE LIABLE FOR USER SUBMISSIONS 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.

12. LIMITATION OF LIABILITY

IN NO EVENT SHALL FckClub.net, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FckClub.net WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT FckClub.net SHALL NOT BE LIABLE FOR USER SUBMISSIONS 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.

13. INDEMNITY

You agree to defend, indemnify and hold harmless FckClub.net, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

your use of and access to the FckClub.net Website;
your violation of any term of these Terms of Service;
your violation of any third party right, including without limitation any copyright, property, or privacy right; or
any claim that one of your User Submissions caused damage to a third party.

This defense and indemnification obligation will survive these Terms of Service and your use of the FckClub.net Website.

You affirm that you are either more than 18 years of age or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms and Conditions contained herein.

14. ASSIGNMENT

The Terms and Conditions contained herein and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FckClub.net without restriction.

If any term, clause or provision of the agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.