Clips Fatale Terms of use

Last updated: 29/07/2020
  1. General
    1. Definitions
      1. The Website refers to clipsfatale.com and its contents and related services and features.
      2. The Content refers to text, images, video, audio or any combination of these hosted on The Website.
      3. The Company refers to Sunkat Ltd. (UK registration number 09396152), owners and operators of The Website, having their registered office at Unit 1 Ronkswood Hill, Worcester WR4 9ER.
      4. Us, We, Our refer to The Company.
      5. You, Your refer to you.
      6. Terms of use refer to this document.
      7. The majority of these Terms of use apply to all users. Any exceptions are flagged in individual sections.
    2. Purpose of these Terms of use
      1. These Terms of use, together with the Privacy notice, form the legal agreement governing Your use of The Website.
      2. If you do not agree to these Terms of use, you are not allowed to use The Website.
      3. To enter into this agreement, you must be legally able to enter into this agreement, and the older of either
        • 18 years of age; or
        • the legal majority in your country of residence
      4. We may, from time to time, make changes to these Terms of use. Where such changes cause, in Our opinion, substantive change to Your or to Our obligations, we will notify you by email to your registered address.
    3. Purpose of The Website
      1. The Website is provided for entertainment purposes only.
      2. The Website provides access to material of an adult nature which some viewers may find offensive. If you find any of the material hosted on The Website to be offensive, your only remedy under these Terms of use is to cease use of The Website.
  2. Your use of The Website
    1. Your agreement to these Terms of use entitles you to a limited license to use The Content on The Website for personal use.
    2. The limited licence does not include any of the following:
      1. The licence to resell or to make commercial use of The Website or The Content hosted on it.
      2. The license to distribute, perform or display publicly The Website or The Content hosted on it.
      3. The license to change or create derivative works based upon The Website or The Content hosted on it.
      4. The license to use any data mining, robots, web page scraping or similar technologies to access The Website or The Content hosted on it.
      5. The license to download (other than as required for regular use) any portions of The Website or The Content unless expressly permitted by The Website.
      6. Use of The Website or The Content for other than its intended purpose.
    3. Your limited license does not transfer ownership of copyright, patents, trademarks or other intellectual property.
    4. Any use of the The Website or The Content not authorised by these Terms of use will terminate the limited license immediately. Such use may also violate intellectual property law.
    5. Nothing in the Terms of use should be taken as conferring any transfer of ownership of intellectual property rights.
    6. We may revoke this license at Our sole discretion at any time.
    7. Your Account
      1. To use The Website to access The Content, You must create an account.
      2. Accounts are identified by an email address and a password.
      3. You are responsible for maintaining the confidentiality of Your account and its credentials.
      4. You are responsible for all actions undertaken with Your account. In the event of a security breach, You are responsible for notifying us in a timely manner.
      5. We will not be liable for any loss that may incur as a result of someone else using Your account, either with or without your knowledge. You could be held liable for losses incurred by us or another party due to someone else using your account.
      6. You will not use an account belonging to another person at any time.
      7. We care about the integrity and security of your personal information. But we cannot guarantee that unauthorised third parties will never be able to defeat the Website's security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.
  3. Paid Services
    1. The Website may require payment to access some of The Content.
    2. Where payment is required, the whole cost, including any fees or taxes will be disclosed prior to purchase.
    3. You may be liable for any additional charges relating to data transmission.
    4. The Website does not use recurring billing or other deceptive billing practices. All charges are one-off.
    5. If you believe The Company has charged You in error, You must notify The Company no later than 30 days after you receive the billing statement. If You fail to notify the Company within this time, You waive any disputed charges. You must submit any billing disputes to admin@clipsfatale.com
    6. You are entirely liable to The Company for the value of any credit card chargebacks or related fees that The Company incurs on your account.
    7. Where a suitable solution cannot be found in the event of a billing error, a refund may be issued at The Company's sole discretion.
  4. User Conduct
    1. You are solely responsible for all acts and omissions that occur because of your use of The Website.
    2. You must comply with all laws and regulations of any governmental body that apply to Your access to The Website and The Content, including laws relating to the Internet, data, email and privacy.
    3. You must not engage in any of the following prohibited activities:
      1. copying, distributing, or disclosing any part of the Website in any medium, including by any automated or non-automated scraping;
      2. recording or rebroadcasting any content;
      3. using the Website to infringe the rights of another person;
      4. using any automated system, including robots, spiders, offline readers, etc. to access The Website without express consent;
      5. transmitting spam, chain letters, or other unsolicited email;
      6. using The Website to submit, publish, display, disseminate, or otherwise communicate any defamatory, libellous, inaccurate, abusive, harmful, threatening, obscene, offensive, hateful, discriminatory, infringing, or illegal material to any other user of the Website or to any other person;
      7. attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running The Website;
      8. taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on The Website infrastructure;
      9. uploading invalid data, viruses, Trojan horses, worms, or other software agents through The Website;
      10. collecting or harvesting any personally identifiable information, including account names, from The Website;
      11. using The Website to engage in false or deceptive advertising or trade practices;
      12. impersonating another person or otherwise misrepresenting Your affiliation with a person or entity, conducting fraud, hiding or attempting to hide Your identity;
      13. interfering with the proper working of The Website;
      14. attacking The Website via a denial-of-service (DoS) attack or a distributed denial of service attack (DDoS);
      15. bypassing the security measures we may use to prevent or restrict access to The Website, including features that prevent or restrict use or copying of The Content or enforce limitations on use of The Website or The Content located on it; or
      16. using the Website for any unlawful purpose or in any way that is prohibited by these terms or that exposes us to civil or criminal liability.
    4. Unauthorised use of the Website or the content may also violate various laws, including copyright and trademark laws, the laws of privacy and publicity, and communications regulations and statutes. We will take appropriate action against You for any unauthorised use of the Website or the content, including civil, criminal, injunctive relief, and termination of Your access or registration.
  5. Links
    1. The Website may contain links to third-party websites or resources. You acknowledge that We are not responsible or liable for: (1) the availability or accuracy of those websites or resources; or (2) the content, products, or services on or available from those websites or resources. Links to third-party websites or resources do not imply any endorsement by Us of those websites or resources. You acknowledge sole responsibility for and assume all risk arising from Your use of any third-party websites or resources.
  6. Third Party Content
    1. Through the Website, You will have the ability to access or use Content provided by third parties. We cannot guarantee that third-party content will be free of material You may find objectionable or otherwise. We will not be liable to You for Your access or use of any third-party content.
  7. Reliance on Information Posted
    1. We make the information presented on or through the Website available for general information purposes only. We are not making any warranty about the accuracy or usefulness of this information. Any reliance you place on this information is strictly at your own risk. We will not be liable for any reliance placed on these materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
    2. The Website includes content provided by third parties, including materials provided by other users. All statements or opinions expressed in these materials, and all responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person providing these materials. These materials do not reflect the opinion of the Company. The Company will not be liable to you or any other person for the content or accuracy of any materials provided by any third parties.
  8. Content Creators
    1. You may request that Your account be allowed to publish Your own content.
    2. In order to have content published on The Website, you will need to provide us with proof of identity in an electronic form. Your account dashboard will provide details on this procedure.
    3. Once You have provided the required information, You will be able to upload and request that We publish content on The Website.
    4. The Website is not a platform. By design, We retain editorial control. We reserve the right to reject publication of content which we feel does not meet our policies and standards, is illegal or does not comply with any of the third party agreements we have in place.
    5. To be clear, The Website is responsible for The Content, not individual content creators.
    6. When you request that We publish content, you are granting us a perpetual, royalty free license to use Your content to:
      1. sell it on The Website, providing that We reimburse You at Our current rates;
      2. create derivative works using Your content for purposes including promotions and advertising for The Website;
      3. at Your option, make the content available for download.
    7. Periodically, We will transfer any monies owed to You in the manner of Your choosing. Your account dashboard will have features for You to specify the details. Payment may be subject to a minimum amount, depending upon Your chosen payment method.
    8. Content that falls, fully or partially, or that is described as falling under the following categories may be rejected for no other reason:
      1. Abductions
      2. Adult Babies
      3. Bestiality
      4. Cannibalism
      5. Babies
      6. Teen (unless actually 18 or 19 years of age)
      7. Biting
      8. Crushing of any living thing
      9. Fisting (vaginal or anal)
      10. Guns / Knives / Weapons
      11. Minors (anyone under the legal age of consent)
      12. Rape
      13. Vampires
      14. Faeces
      15. Horror (including, but not limited to violence)
      16. Mind Control
      17. Racism
      18. Urinating on others or consumption
      19. Children
      20. Simulated Minors
      21. Blood - real or fake
      22. Drugs / Narcotics
      23. Hypnosis
      24. Kidnapping
      25. Necrophilia
      26. Snuff
      27. Vomit - real or fake
  9. Privacy
    1. For information on data privacy, legal compliance and technologies, please see our Privacy Notice.
  10. Copyright Policy
    1. We respect the intellectual property rights of others, and expect all users of The Website to do the same.
    2. We will respond to all notices of alleged copyright infringement that comply with the applicable laws and are properly provided to Us. If You believe that Your content has been copied in a way that constitutes copyright infringement, please contact The Company immediately providing:
      1. A physical or electronic signature of the copyright owner or person authorised to act on their behalf;
      2. Identification of the copyrighted work claimed to have been infringed;
      3. Identification of the material on The Website that is claimed to be infringing or to be the subject of infringing activity;
      4. Information sufficient for Us to locate the item on The Website;
      5. Your contact information, including email address, postal address and a telephone number. If You are representing a company, also provide details of that company.
      6. A statement by You that You have a good-faith belief that the use of material in the manner complained of is not authorised by the copyright owner, their agent or the applicable law; and
      7. A statement that the information in the notification is accurate and, under penalty of perjury, that You are authorised to act on behalf of the copyright owner.
  11. Termination
    1. Either party may terminate this agreement at any time by notifying the other party.
    2. We may terminate Your account or suspend Your access to The Website promptly, without advance notice or liability for any reason or no reason, including for breach of this agreement.
    3. In particular we may terminate accounts that have been flagged for repeated copyright infringement.
    4. On termination of this agreement, Your access to and ability to use The Website will immediately end.
    5. Any provisions in this agreement which, by their nature, should survive termination will do so, including ownership, warranty disclaimers and limitations of liability.
    6. Termination of your access to and use of The Website will not relieve you of any of the obligations arising or accruing before termination or limit any liability that you may have to The Company or any third party.
    7. Upon termination of this agreement, all limited license to The Content shall end. You are responsible for ensuring any copies of The Content held by You are securely erased. The Company may require proof that this has been carried out.
  12. Changes to The Website
    1. We may update The Content on The Website from time to time, however We do not warrant that The Content is complete or up-to-date and We are under no obligation to update The Content. If You believe that You have found errors or omissions in The Website or The Content, please bring them to Our attention by contacting The Company at admin@clipsfatale.com
    2. We will try to make sure The Website is always available, however We do not guarantee continuous, uninterrupted or secure access to The Website. Factors outside Our control my interfere with or adversely effect Our operation of The Website.
  13. Compliance with Law
    1. The Company is located in the United Kingdom. We are not making any statement to the effect that The Website or The Content is available outside the United Kingdom. You do so on Your own initiative and are responsible for complying with all local laws that apply.
  14. Disclaimers
    1. You acknowledge that We cannot and do not state that files available for downloading from the Internet or the Website will be free of viruses or other destructive code.
    2. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for antivirus protection and accuracy of data input and output, and for keeping a means external to our Website for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial of service attack (DDoS), viruses, or other technologically harmful material that might affect Your computer equipment, computer programs, data, or other proprietary material due to Your use of the Website or any services or items obtained through The Website or to Your downloading of any material posted on it, or on any website linked to it.
    3. Your use of the Website, The Content, and any services or items obtained through The Website is at your own risk. We provide the Website, The Content, and any services or items obtained through the Website “as is,” “with all faults,” and “as available,” without making any warranties, either express or implied. We are not making any warranties (1) that The Website, The Content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted; (2) that defects will be corrected; (3) that The Website or the servers that make it available are free of viruses or other harmful components; or (4) that The Website or any services or items obtained through The Website will otherwise meet your needs or expectations.
    4. We are not making any warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, title, non-infringement, privacy, and fitness for particular purpose.
  15. Limit on Liability
    1. We will not be liable to You for any of the following:
      1. Errors, mistakes, or inaccuracies of content;
      2. Personal injury or property damage resulting from Your access to and use of The Website;
      3. Content or conduct that is infringing, inaccurate, obscene, indecent, offensive, threatening, harassing, defamatory, libellous, abusive, invasive of privacy, or illegal;
      4. Unauthorised access to or use of Our servers and any personal or financial information stored in them, including unauthorised access or changes to Your account, submissions, transmissions, or data;
      5. Interruption or cessation of transmission to or from The Website;
      6. Denial-of-service attack (DoS) or distributed denial-of-service attack (DDoS);
      7. Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through the Website by any person or that might infect Your computer or affect Your access to or use of the Website, Your other services, hardware, or software
      8. Incompatibility between The Website and Your other services, hardware, or software;
      9. Delays or failures You might experience in starting, conducting, or completing any transmissions to or transactions with The Website; or
      10. Loss or damage incurred because of the use of any content posted, emailed, sent, or otherwise made available through The Website.
    2. You hereby release Us from all liability arising out of user submissions or the conduct of other users or third parties, including disputes between You and one or more other users or third parties.
  16. Exclusion of Damages
    1. Unless caused by Our gross negligence or Our intentional misconduct, We will not be liable to You for any direct, indirect, special (including so-called consequential damages), statutory, punitive, or exemplary damages, regardless of theory of liability and even if You told us about the possibility of these damages or we knew or should have known about the possibility of these damages arising out of or relating to Your access or Your inability to access The Website or The Content.
    2. We also will not be liable to You regardless of theory of liability for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to Your access of or Your inability to access The Website or The Content. This exclusion applies even if You told Us about the possibility of these damages or We knew or should have known about the possibility of these damages.
    3. If You are dissatisfied with The Website or have any other complaint, Your exclusive remedy is to stop using The Website. Our maximum liability to you for any claim will not exceed £100.
  17. Force Majeure
    1. We are not responsible for any failure to perform if unforeseen circumstances or causes beyond Our reasonable control delays or continues to delay our performance, including:
      1. Acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters;
      2. War, riot, arson, embargoes, acts of civil or military authority, or terrorism;
      3. Fibre cuts;
      4. Strikes, or shortages in transportation, facilities, fuel, energy, labour, or materials;
      5. Failure of the telecommunications or information services infrastructure; and
      6. Hacking, SPAM, or any failure of a computer, server, network, or software.
  18. You grant Us permission to email You notices and other communications to You, including emails, notices, and other communications containing adult oriented material unsuitable for minors. Your permission will continue until You ask Us to remove You from Our email list. For more information, please see the Privacy Notice.
© 2020 Sunkat Ltd.