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Terms & Conditions

TERMS OF SERVICE

Welcome to cum4me2.com (the "Website") a Website of S&S (SWEET & SAUCY, INC). These Terms of Service ("Terms"), together with our  Privacy Policy, and all other terms and policies available and agreed to on the Platform, which are incorporated herein by reference, constitute a written contract (the "Agreement") between you and S&S Consultants ("Company," "we," "our," or "us") governing your use of the Website and any related websites, applications, platforms, or anywhere these Terms appear or are linked (collectively, the "Platform"). By accessing the Website, creating an account, or by utilizing the Platform you agree to be bound by the Agreement.

 

By using the Platform, you represent that you are authorized to enter into and consent to this Agreement and that you are at least 18 years old or the age of majority in your location. All references to "you" or "your", as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and "you" and "your" herein will refer to that entity, its directors, officers, employees, and agents.

 

These Terms contain provisions that require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute. See Section 14 for full details.

 

1. PRIVACY POLICY

We take your privacy very seriously; as such, our Privacy Policy is an important part of and incorporated by reference into this Agreement. The Privacy Policy explains how we collect information from you and how we use and share that information to provide our Platform.

 

2. KEY TERMS

"Actor(s)" means a User who uses, or is registered to use, the Platform to offer, provide, receive payment for, or facilitate the provision of services to Clients.

 

"Actor(s) Services" means any information, entertainment services, and other services you may receive from Actor(s) or their listings on the Platform.

 

"Content" means written text, graphics, digital photographs, images, music, software, audio, video, information, or other materials, including but not limited to profile information, requests, message threads, reviews, and other information or materials available on or through the Platform whether uploaded by an Actor(s) or Client.

 

"Client" means a User who registers to use the Platform to communicate with Actor(s)es, or otherwise uses the Platform in order to receive, pay for, or facilitate the receipt of services from an Actor(s), under the policies, terms and conditions below.

 

"User" means a person or entity who completes Company's account registration process, agrees to these Terms, utilizes any services offered by or through the Platform, or a person or entity who submits or receives a request through Company, including but not limited to Actor(s)es and Clients (also referred to as "you" or "your").

 

3. ABOUT THE WEBSITE

The Platform is provided for entertainment purposes only. Company does not evaluate, provide, produce, or control Actor(s) Services, Content, information, data, advertising, products, goods, or services posted or exchanged by Users through the Platform. Company does not itself provide any information, entertainment services or other products or services, nor verify, guarantee, or make any representations regarding the identity or qualifications of any User. Further, Company does not make editorial or managerial decisions concerning Content, sexually explicit or otherwise, except that Company reserves its right to act as specified in Section 512 of Title 17 and Section 230(c)(2)(A) of Title 47 of the United States Code and to determine at any time, in its sole discretion, whether and to what extent to do so.

 

Company will not be held responsible for any Actor's failure to comply with laws or regulations concerning the content of listings or activity on the Platform. Instead, Company acts solely as a technology service that allows Users to share information, entertainment services, or other products or services among themselves. Although Company helps its Users connect with each other, it does not monitor the information exchanged, and, as a result, Company does not control, nor is responsible for, the accuracy, safety, quality, appropriateness, legality, or applicability of anything said or written by Users, including without limitation any information contained in Actor(s) listings or made available through this Platform. The Platform is not intended for use as a payment service to exchange physical goods. Company is not responsible for use or exchange of any information, files or goods between Users.

 

You are solely responsible for, and will exercise caution, discretion, common sense, and judgment in, using the Platform and Actor(s) Services, in evaluating the qualifications of, and statements made by, Users, and in disclosing personal information to other Users.

 

You agree that Company shall not be responsible or liable, directly or indirectly, 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 third parties or Actor(s) on the Website and/or the Platform.

 

Under Section 230 of the Communications Decency Act and similar laws, Company is a platform service and not the publisher or speaker of any third-party content, including User profiles.

 

4. ELIGIBILITY

To use our Platform, you must first create a User Account. You must be at least eighteen (18) years old to create an Account (as defined below) and use the Platform. You must provide a valid email address, a username, and a password. If you are signing up to use the Platform as an Actor(s), you must provide us with a copy of a valid government ID. By creating an Account and using the Platform, you represent and warrant that:

  1. You are at least eighteen (18) years of age.

  2. You can enter into and form a binding contract with Company.

  3. You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country. Such countries include, without limitation, Belarus, Myanmar (Burma), Cuba, Iran, Iraq, Russia, North Korea, Sudan, and Syria. In addition, Company does not allow organizations, businesses, or individuals on the Specially Designated Nationals list (SDN) to use the Platform.

  4. You are not on any list of individuals prohibited from conducting business with the United States.

  5. You are not prohibited by law from using our Platform.

  6. You have not previously been removed from our Platform by us unless you have our express written permission to create a new Account.

  7. You will comply with this Agreement and all applicable local, state, national and international laws, rules, and regulations.

If at any time you cease to meet these requirements, you must immediately cease use of the Platform and delete your Account.

 

You understand that the Website is an adult service, and you must have a legal right to access adult material and are voluntarily choosing to use the Platform. You further represent that you are not required to register as a sex offender with any government entity. Company does not conduct criminal background checks on or screenings of its Users but reserves the right to conduct any criminal background check or screening at any time. You shall not use the Actor(s) Services, Content, or any other portion of this Platform in any manner which is illegal under the law applying to you, nor shall you request, offer, agree to, or engage in any activity involving child pornography, human trafficking, or unlawful prostitution.

 

Using the Platform may be prohibited or restricted in certain countries. If you use the Platform outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Platform or Actor(s) Services. You shall not use the Platform if you are located or reside in a country (i) in which use, or participation is prohibited by law, decree, regulation, treaty, or administrative act or (ii) is prohibited from entering into trade relations with the United States or its citizens.

 

5. LICENSE

Subject to your compliance with this Agreement, Company grants you a non-exclusive, non-sublicensable, revocable, non-transferable limited license to access the Platform, and to use the Platform, in the manner intended by the Platform for your personal use. This license allows you to use the Platform, but it does not allow you to reproduce, duplicate, copy, modify, sell, or otherwise exploit any portion of the Platform without the prior express written consent of Company. All rights not expressly granted in this Agreement are reserved by Company. Without limitation, this Agreement grants you no rights to the intellectual property of Company or any other party, except as expressly stated in this Agreement. The license granted in this section is conditioned on your compliance with this Agreement. Your rights under this section will immediately terminate if, in the sole judgment of Company, you have breached any provision of this Agreement.

 

6. YOUR USE OF THE PLATFORM

Your Account

To access and use certain parts of the Platform, you must create an account and profile (collectively, your "Account"). You represent and warrant that all information you provide in connection with your Account and your use of the Platform is current, complete, and accurate, and that you will update the information as necessary to keep it accurate. You further represent and warrant that you are not impersonating any person or entity through your Account, or misleading other Users as to your affiliation with any person or entity. You are responsible for maintaining the confidentiality of your Account credentials, including your username and password. You agree to notify Company immediately at contact@Snshelpdesk696@gmail.com if you suspect any unauthorized use of your Account. We reserve the right, at any time and in our sole discretion, to: (a) refuse to grant you access to the Platform, (b) remove your profile from the Platform, (c) terminate your Account, or (d) suspend or terminate your right to use the Platform.

 

Actor(s) Requirements

As an Actor(s) providing Actor(s) Services you must create and maintain records, label your Content, and permit inspections as required by law (e.g. 18 U.S.C. §§ 2257, 2257A; 28 C.F.R. Part 75), and you will not fail to provide the Platform with true and complete information in connection with your compliance, including information about the records custodian and maintenance address required on labels by law upon request (18 U.S.C. §§ 2257(e), 2257A(e); 28 C.F.R. § 75.6).

 

Exchange of Information

Our Platform allows you to freely communicate with Users, including via text/chatting, direct connect audio via computer or phone, and depends on Users keeping "Private Information"  in strict confidence. "Private Information" includes any private or confidential information about Users of the Platform, whether yourself or a third party, including video communications, photos, unlisted contact information (e.g., phone numbers, email addresses, physical addresses), financial information, location information, login or other credentials, and other identifying or protected information. You should be careful of sharing any Private Information and should not share any Private Information that you do not want to be public.

 

To facilitate open and comfortable communication between our Users, you agree that you will keep any Private Information obtained, including any messages, texts, and video communications, strictly confidential. Further, you should not share any details about any other Users, including related to their name and identity, or any user profile information, with any third party without the disclosing User’s express written consent.

 

To ensure the best User experience, we ask that our users be respectful of each other’s privacy. You agree that your violation of these prohibitions will cause irreparably injury to our Platform and to the disclosing User(s). If we receive complaints or determine, in our sole discretion, that you are disclosing other Users’ Private Information, we reserve the right to immediately terminate your Account, without limiting any other available remedies.

 

Common Sense

You agree to use common sense and assume all responsibility for your communications with other Users that are initiated through the Platform. As with any internet-based service that allows you to communicate with persons previously unknown to you, you should use caution in disclosing personal information about yourself, including your full name, address, details about your finances or family, photos, and so forth.

 

Your Content

As a User, you will have the ability to post information, images, and photos to your Account profile; you will also have the ability to transmit messages, and communicate via SMS/text, phone calls, video calls, and email within the Platform. You agree that you are solely responsible for your Content and represent and warrant that all Content posted by you is current, complete, and accurate, and that you have not misstated or embellished any statement of fact therein. You are required to use common sense and are prohibited from posting any Content that infringes on the intellectual property rights of others, is illegal, obscene, threatening, defamatory, invades the privacy of others (e.g., doxing), contains a commercial solicitation or other form of "spam" messages, or otherwise violates our Prohibited Conduct section. 

 

You understand and agree that we may, but are not obligated to, monitor or review Content, but under no circumstances will Company be liable in any way for your Content. If you post inappropriate Content or otherwise violate the Prohibited Conduct section, we may, in our sole discretion, remove your Content or terminate your Account and access to the Platform. Under certain limited circumstances we may, in our sole and absolute discretion, report your Content to relevant legal authorities if we believe it violates any law.

 

By posting and uploading Content, you expressly promise, assure, and warrant to Company that you have all legally required intellectual property rights (including any necessary copyright clearances, trademark licenses, and publicity and privacy releases) and maintain all records (as required by Sections 2257/2257A of Title 18 of the US Code) necessary for you to post or sell all Content which you upload, advertise, place for sale, or otherwise market through the Platform; and you further warrant to Company (notwithstanding any limitation of warranty as to your ultimate purchasers) that any such Content is merchantable and lawful for you to sell to each of your ultimate purchasers. Further, you agree that none of the Content which you upload, advertise, place for sale, or otherwise market through the Platform will depict any children or will depict any adults who have not consented to the acts in which they are engaging or who have not consented to the dissemination of their images and likenesses in the form depicted. Upon request, you must provide to Company written consent for the public distribution and download of the Content from all parties depicted and a copy of a valid government issued identification of all models (as required by Sections 2257/2257A of Title 18 of the US Code).

 

License to Display Your Content

You are always the owner of your Content; however, we require the following license from you to display your Content on the Platform as expressly permitted by you.

 

You hereby grant Company an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license (with the right to sublicense) to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display your Content throughout the world in any media now existing or in the future created. Additionally, you grant Company the right to use your name, likeness, and image for any purpose, including commercial or advertising, on or in connection with Company or the promotion thereof.

 

You represent and warrant that you have all rights and permissions to grant the foregoing licenses.

 

Indemnification

You are responsible for your Content and, as such, you agree to defend, indemnify, and hold harmless Company from and against any and all claims, actions, demands, causes of action, and other proceedings including but not limited to legal costs and attorneys’ fees, arising out of or relating to your Content.

 

Other Users’ Content

Other Users will also share Content on our Platform through comments, chat and ratings. Other Users’ Content belongs to the User who posted the Content and is stored on our servers and displayed at the direction of that User. You do not have any rights in relation to other Users’ Content. You may not copy other Users’ Content or use other Users’ Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your Account and access to the Platform if you misuse other Users’ Content.

 

DMCA Takedown Requests

Company respects the intellectual property rights of others. We follow the notice and takedown procedures in the Digital Millennium Copyright Act ("DMCA"). Additionally, we will terminate the accounts of repeat infringers in appropriate circumstances.

 

If you believe Content located on or linked to the Platform violates your copyright, please immediately notify us by emailing us a DMCA takedown notice ("Infringement Notice"), providing the information described below. If we act in response to an Infringement Notice, we will make a good faith attempt to contact the person or entity who made the Content available at the most recent email address they provided to us.

 

Under the DMCA, you may be held liable for damages based on material misrepresentations in your Infringement Notice. You must also make a good-faith evaluation of whether the use of your content is a fair use; fair uses are not infringing. If you are not sure if Content located on or linked to by the Platform infringes your copyright, you should first contact an attorney.

 

The DMCA requires that all Infringement Notices must include the following:

(a) a signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf;

(b) an identification of the copyright claimed to have been infringed;

(c) a description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to permit Company to find and positively identify that material;

(d) your name, address, telephone number, and email address; and

(e) a statement by you: (i) that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner's agent; and, (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.

 

Infringement Notices should be sent to contact@Snshelpdesk696@gmail.com with the subject line "DMCA Notice." Company will respond to all DMCA-compliant Infringement Notices, including, as required or appropriate, by removing the offending material or disabling all links to the offending material.

 

Prohibited Conduct

Company imposes certain restrictions on your use of the Platform. By using or accessing the Platform, you represent, warrant, and agree that you will not:

  1. provide any false, misleading, or inaccurate information, transfer your Account, create an Account for anyone other than yourself (unless you have been authorized to create an Account on behalf of that person); 

  2. do anything that could disable, overburden or impair the proper working order of the Platform; 

  3. attempt to probe, scan, or test the vulnerability of the Platform, or any associated system or network, or breaching security or authentication measures without proper authorization;

  4. use any robot, spider, scraper or other automated means to access the Platform;

  5. send spam or any other unauthorized advertisements or solicitations through or using the Platform;

  6. harvest or otherwise collect or use information about users, including addresses, phone numbers or email addresses;

  7. solicit private information (including social security numbers, credit card numbers and passwords) from Users;

  8. intimidate, bully, stalk, assault, harass, mistreat or defame any Users;

  9. post any Content that is considered hate speech, promotes or suggests human trafficking, threatening, sexually explicit or pornographic materials involving persons under the age of 18, incites violence, or contains graphic or gratuitous violence;

  10. post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

  11. do anything that is illegal, infringing, fraudulent, malicious or could expose us or Users to harm or liability;

  12. create another Account if we have already terminated your Account, unless you have Company’s prior permission; or

  13. attempt, encourage or facilitate any of the above.

 

Company reserves the right to investigate and/or terminate your Account without a refund of any purchases if you have violated this Agreement, misused the Platform or behaved in a way that we regard, in our sole discretion, as inappropriate or unlawful, including actions or communications that occur on or off the Platform. We have a zero-tolerance policy regarding the posting of Content that depicts child pornography, incites violence, promotes or suggests human trafficking, or contains graphic and gratuitous violence. If we determine, in our sole discretion, that you have posted/shared Content that violates this section, we will immediately terminate your Account and if necessary, report your Content to the relevant legal authority.

 

To report violations of Prohibited Conduct to Company, you may contact us at Snshelpdesk696@gmail.com.

 

7. PROHIBITED CONTENT

You agree that you shall not use the Platform to upload, post, transmit, display, perform, or distribute any Content, information, or materials that: (a) are libelous, defamatory, abusive, threatening, excessively violent, harassing, obscene, lewd, lascivious, or filthy; (b) constitute child pornography; (c) solicit personal information from or exploit in a sexual or violent manner anyone under the age of 18; (d) incite, encourage, or threaten physical harm against another; (e) promote or glorify racial intolerance, use hateful and/or racist terms, or signify hate toward any person or group of people; (f) glamorize the use of illegal substances and/or drugs; (g) advertise or otherwise solicit funds or constitute a solicitation for goods or services; (h) violate any provision of this Agreement or any other Company agreement or policy, including without limitation Company’s Privacy Policy; (i) disclose another’s personal, confidential, or proprietary information; (j) are false or fraudulent; (k) contains images or videos of individuals captured or posted without their consent; (l) promote self-destructive behavior (including without limitation eating disorders or suicide); (m) infringe on the copyright or other intellectual property, rights of publication, or other rights of a third party; or (n) are generally offensive, rude, mean-spirited, or in bad taste, as determined by Company in its sole discretion (collectively, "Objectionable Content"). 

 

Company disclaims any perceived, implied, or actual duty to monitor content made available through the Platform, and specifically disclaims any responsibility or liability for information provided on the Platform. Without limiting any of its other remedies, Company reserves the right to terminate your use of the Platform or your uploading, posting, transmission, display, performance, or distribution of Objectionable Content. Company, in its sole discretion, may delete any Objectionable Content from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.

 

Your Responsibility for Your Defamatory or Infringing Content

You agree and understand that you may be held legally responsible for damages suffered by other Users or third parties as the result of your remarks, information, feedback, or other Content posted or made available through the Platform that is deemed defamatory, infringing of another’s intellectual property rights, or otherwise legally actionable. Under Section 230 of the Federal Communications Decency Act of 1996, Company is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback, or other content posted or made available through the Platform.

 

To report violations of Objectionable Content to Company, you may contact us at Snshelpdesk696@gmail.com

 

8. OUR RIGHTS AND RESPONSIBILITIES

Suspension and Termination of Accounts

  1. We can, but we are not obligated to, moderate or review any of your Content to verify compliance with the Terms of Service and/or any applicable law.

  2. It is our policy to suspend access to any Content you post on the Platform which we become aware may not comply with the Terms of Service and/or any applicable law whilst we investigate the suspected non-compliance or unlawfulness of such Content. If we suspend access to any of your Content, you may request a review of our decision to suspend access to the relevant Content by contacting us at contact@Snshelpdesk696@gmail.com. Following our investigation of the suspected non-compliance or unlawfulness of the relevant Content, we may take any action we consider appropriate, including to reinstate access to the Content or to permanently remove or disable access to the relevant Content without needing to obtain any consent from you and without giving you prior notice. You agree that you will at your own cost promptly provide to us all reasonable assistance (including by providing us with copies of any information which we request) in our investigation. We will not be responsible for any loss suffered by you arising from the suspension of access to your Content or any other steps which we take in good faith to investigate any suspected non-compliance or unlawfulness of your Content under this section.

  3. If we suspend access to or delete any of your Content, we are not obligated to give you prior notice of such removal or suspension.

  4. We reserve the right in our sole discretion to terminate your agreement with us and your access to the Platform for any reason. We can also suspend access to your Account or terminate your agreement with us and your access to the Platform immediately and without prior notice:

  1. if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service, or if you attempt or threaten to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User; or

  2. if you take any action that in our opinion has caused or is reasonably likely to cause us to suffer a loss or that otherwise harms the reputation of Company.

  1. If you are an Actor, and we suspend access to your Account or terminate your agreement with us and your access to the Platform, we can do so without prior notice. During any period when access to your Account is suspended, we may withhold all or any part of the Earnings due to you but not yet paid out in accordance with Section 9.

  2. Upon termination of your Account, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on the Platform for you to be able to access your Content following termination of your Account.

  3. We can investigate any suspected or alleged misuse, abuse, or unlawful use of the Platform and cooperate with law enforcement agencies in such investigation.

  4. We can disclose any information or records in our possession or control about your use of the Platform to law enforcement agencies in connection with any law enforcement investigation of any suspected or alleged illegal activity, to protect our rights or legal interests, or in response to legal process.

  5. We can change the third-party payment providers used to process payments on the Platform.

  6. Other than Content (which is owned by or licensed to Users), all rights in and to the Platform and its entire contents, features, databases, source code and functionality, are owned by Company and/or our licensors. Such material is protected by copyright, and may be protected by trademark, trade secret, and other intellectual property laws.

 

Our Responsibilities

We will use reasonable care and skill in providing the Platform to you, but there are certain things which we are not responsible for, as follows:

  1. We do not authorize or approve Content on the Platform, and we do not monitor or record messages/calls between Users. Views expressed by Users on the Platform do not necessarily represent our views

  2. We do not grant you any rights in relation to Content that does not belong to you. Any such rights may only be granted to you by the User that the Content belongs to.

  3. Your Content may be viewed by individuals that recognize your identity. We will not in any way be responsible to you if you are identified from your Content. While we may, from time to time and in our sole discretion, offer certain geofencing or geolocation technology on the Platform, you understand and agree that we do not guarantee the accuracy or effectiveness of such technology, and you will have no claim against us arising from your use of or reliance upon any geofencing or geolocation technology.

  4. All Content is created, selected, and provided by Users and not by us. We are not responsible for reviewing or moderating Content, and we do not select or modify the Content that is stored or transmitted via the Platform. We are under no obligation to monitor Content or to detect breaches of the Terms of Service.

  5. We make no promises or guarantees of any kind that Actor(s) will make a particular sum of money (or any money) from their use of the Platform.

  6. The materials which we make accessible on the Platform for Users are for general entertainment purposes only. We make no promises or guarantees about the accuracy or otherwise of such materials, or that Users will achieve any particular result or outcome from using such materials.

  7. We do not promise that the Platform is compatible with all devices and operating systems. You are responsible for configuring your information technology, device, and computer programs to access Platform. You should use your own virus protection software.

  8. We are not responsible for the availability of the internet, or any errors in your connections, device or other equipment, or software that may occur in relation to your use of the Platform.

  9. While we try to make sure that the Platform is secure and free from bugs and viruses, we cannot promise that it will be and have no control over the Content that is supplied by Users.

  10. We are not responsible for any lost, stolen, or compromised User accounts, passwords, email accounts, or any resulting unauthorized activities or resulting unauthorized payments or withdrawals of funds.

  11. You acknowledge that once your Content is posted on the Platform, we cannot control and will not be responsible to you for the use which other Users or third parties make of such Content. You can delete your Account at any time, but you acknowledge that deleting your Account will not of itself prevent the circulation of any of your Content which may have been recorded by other Users in breach of the Terms of Service or by third parties prior to the deletion of your Account.

 

9. PAYMENTS 

Payments by Clients

You agree to pay Company all fees associated with your use of the Platform ("Client Fees"), as indicated to you at the time you agree to such Client Fees (such as through the account registration or checkout process). All transmissions of payment information through the Platform are secured with Internet-standard TLS (also known as HTTPS) encryption. Company does not verify account information, process any payments or store your billing information itself; instead, these services are provided through the Platform by Company’s trusted Third Party "Payment Processors,"  and you may be redirected to Third Party Websites (as defined below) and/or required to agree to separate Third Party terms in order to complete your payment transaction.

 

No Refunds.  Due to the nature of the Platform, unless otherwise indicated at your time of checkout or in this Agreement, or as otherwise required by law,  ALL SALES ARE FINAL AND THERE ARE NO REFUNDS.

 

Fees, Earnings, and Payouts for Actor(s)

  1. Actor(s) Fees and Earnings.  Company charges a fee of twenty five percent (25%) of all Client payments made to you (hereinafter the"Company Fee"). The remaining seventy five percent (75%) of the Client payment is payable to you (hereinafter the "Earnings"). The Company Fee includes the costs of providing, maintaining, and operating the Platform and storing your Content. The Company Fee is deducted from the Client payment, and Earnings are paid to you as described in the section below.

  2. Actor(s) Payouts. All Client payments will be received by a third-party payment provider approved by us. In order to receive a payout of your Earnings, you must have a minimum balance of $100 USD of accrued Earnings. The method of transfer of earnings from Company to you is at Companies sole discretion. Additionally, you will need to provide Company with certain banking information so that the transfer of Earnings can be completed. Once you start accruing Earnings, your Account will be updated within a reasonable time to reflect your Earnings. Company will pay out Earnings twice a month, on the first and sixteenth of each month.

  3. Taxes and Fees.  You will be responsible for paying all relevant taxes on your Earnings. Company will not be responsible for withholding any taxes from your Earnings. Payment of taxes on your Earnings is your responsibility. Your bank may charge you currency conversion or transfer fees to receive your Earnings. We do not have control over currency exchange rates or charges imposed by your bank, and we are not responsible for paying any charges imposed by your bank.

  4. Withholding Earnings.  We may withhold all or any part of your Earnings due to you but not yet paid out:

  1. if we think that you have or may have seriously or repeatedly breached any part of these Terms of Service;

  2. if you attempt or threaten to breach any part of these Terms of Service in a way which we think has or could have serious consequences for us or another User;

  3. if we suspect that all or any part of the Earnings result from unlawful or fraudulent activity, either by you or the Client who made the Client payment resulting in the Earnings,

  1. for as long as is necessary to investigate the actual, threatened, or suspected breach by you or the suspected unlawful activity (as applicable). If, following our investigation, we conclude that you have violated any of the above (i)-(iii), we may notify you that you have forfeited your Earnings. We shall not have any responsibility to you if we withhold or forfeit any of your Earnings where we have a right to do so under these Terms of Service.

 

10. ELECTRONIC COMMUNICATIONS

Consent to Receive Electronic Communications from Company. Without limitation, by registering for the Platform and/or creating an Account and providing your name, email, postal or residential address, and/or phone number through our website, you hereby expressly consent to receive electronic and other communications from Company, over the short term and periodically, including email and push notifications regarding the Platform, new product offers, promotions, and other matters. You may opt out of receiving electronic communications at any time by (a) following the unsubscribe instructions contained in each communication; or (b) sending an email to contact@Snshelpdesk696@gmail.com. Where required by law, we will provide you an additional, express opportunity to opt-in to receive messages.

 

Consent to Receive Electronic Communications from Users. Without limitation, by registering for the Platform and providing your name, email, postal or residential address, and/or phone number through the Platform, you hereby consent to receive electronic communications, including email, push notifications, instant messages, video messages, and other personal messages from Actor(s) or Clients (depending on your role as a user of the Platform). For more information, see our Privacy Policy.

 

11. THIRD-PARTY CONTENT AND SERVICES

Third Party Content

Opinions, advice, statements, or other information made available through the Platform by third parties ("third party information"), should not necessarily be relied upon. We do not guarantee the accuracy, completeness, or usefulness of any third-party information accessible on or through the Platform and will not be responsible for any loss or damage resulting from your reliance on third-party information.

We are not responsible or liable for, and do not approve or endorse any third-party information, content, materials, websites, or applications made available on the Platform (collectively, "third party materials"). 

 

Without limiting the foregoing, we are not responsible for the content, accuracy, availability, offensiveness, opinions, reliability, privacy practices or other policies applicable to such third-party materials, and we cannot and do not guarantee that third party materials will comply with the restrictions, conditions, or obligations that we require. If you decide to use or access third party materials, you do so at your own risk, and you may be required to agree to terms of service, privacy and data gathering practices, and other policies applicable to such third-party materials. Please review all such terms and policies carefully.

 

Third Party Services

The Platform may be linked with the services of third parties ("Third Party Services"). Your correspondence, business dealings, and transactions with Third Party Services are solely between you and said third parties. This includes, but is not limited to, your participation in promotions, special offers, or purchases made. Company does not have control over the content and performance of Third Party Services. Accordingly, you agree that Company shall not be held liable for any loss, damage, or injury that may occur as a result of such dealings. Company does not represent, warrant, or endorse any Third Party Services, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third Party Services.

 

12. INTELLECTUAL PROPERTY

Phone Darlings, the Phone Darlings logo, our website domain(s), and all content and other materials available through the Platform, exclusive of your Content and the content of other Users, (collectively, the  "Company IP") are the trademarks, copyrights, and intellectual property of and owned by Company or its licensors and suppliers. Neither your use of the Platform nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Company IP. You agree that any goodwill in the Company IP generated as a result of your use of the Platform will inure to the benefit of Company, and you agree to assign, and do assign, all such goodwill to Company. You shall not at any time, nor shall you assist others to, challenge Company’s right, title, or interest in, or the validity of, the Company IP.

 

13. TERMINATION

You may terminate this Agreement at any time. If you terminate this Agreement, you must delete your Account and may no longer access or use the Platform. If, after termination, you access the Platform or create a new Account, such action will constitute your consent to this Agreement and the Privacy Policy, and the prior termination will be deemed null and void.

 

Company may, in its sole discretion, terminate your Account, delete your profile, delete your Content, and/or prohibit you from using or accessing the Platform at any time and without prior notice.

 

All payment obligations outstanding at the time of termination and the provisions of this Agreement which, by their nature, should survive termination shall survive such termination, including sections entitled Dispute Resolution, Assumption of Risk/Indemnity, Intellectual Property, Disclaimers, Limitations, and General.

 

14. DISPUTE RESOLUTION

This section governs any dispute between you and us, and how that dispute will be legally resolved, if necessary. Remember, these dispute resolution provisions only apply to disputes between Company and you, and not to disputes between you and any other User.

 

Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of Washington without regard to its conflict of law principles. Subject to and without waiving the arbitration agreement below, the proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal courts located in Seattle, Washington (a  "Court of Competent Jurisdiction"). You and Company stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts and submit to extraterritorial service of process.

 

Arbitration

If you and Company cannot resolve a dispute or other claim through negotiations, the dispute or claim shall be finally and exclusively resolved by binding arbitration agreement. 

 

Class Action Waiver

You and Company agree that any arbitration or other legal action shall be limited to the two of us as parties, and any joinder of other parties is not allowed. This means that  you cannot participate in any sort of representative proceeding against Company, including as a plaintiff or class member in any purported class action.

 

Equitable Relief

There are things an arbitrator cannot do, like order a party to act or stop doing something—this is known as "equitable relief." Either one of us can go to court and seek equitable relief, including by filing a motion to compel the other party to honor the arbitration agreement. However, you and we agree that the only courts where we will seek equitable relief—or file any legal proceeding outside of arbitration—are the state and federal courts in Seattle, Washington. This exception for equitable relief does not waive our Arbitration Agreement.

 

15. ASSUMPTION OF RISK; INDEMNITY BY YOU

YOU KNOWINGLY AND EXPRESSLY AGREE THAT USE OF THE PLATFORM IS AT YOUR OWN RISK. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES, AND YOUR HEIRS, VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY COMPANY AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, CONSULTANTS, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS, OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY, OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, THAT MAY RESULT FROM YOUR USE OF THE PLATFORM. YOU ARE SOLELY RESPONSIBLE FOR YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT COMPANY DOES NOT CURRENTLY CONDUCT CRIMINAL OR OTHER BACKGROUND CHECKS ON ITS USERS. COMPANY DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. 

 

COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY USERS.

 

COMPANY DOES NOT ACCEPT RESPONSIBILITY FOR THE TRUTH OR ACCURACY OF ANY STATEMENT MADE OR POSTED BY THIRD PARTIES OR USERS OF THE PLATFORM. WE STRONGLY RECOMMEND THAT YOU TAKE APPROPRIATE SAFEGUARDS WHEN CORRESPONDING WITH ANY USER OR THIRD PARTIES. IN COMMUNICATING WITH USERS, YOU AGREE TO HOLD COMPANY AND ITS OWNERS, EMPLOYEES AND AGENTS HARMLESS FROM ALL COSTS, LIABILITIES, DAMAGES AND ATTORNEY FEES, RESULTING FROM OR CAUSED BY ANY CORRESPONDENCE WITH USERS.

 

USERS THAT CHOOSE TO CREATE AN ACCOUNT ON THE PLATFORM ARE THE AUTHORS/PUBLISHERS OF THE INFORMATION CONTAINED IN THE PROFILE. COMPANY IS NOT CONSIDERED THE PUBLISHER OF PROFILE INFORMATION; WE SIMPLY PROVIDE THE SPACE FOR THE USER TO CREATE A PROFILE.

 

16. DISCLAIMERS, LIMITATION OF LIABILITY

Disclaimer of Warranties

A warranty is a promise made by a business to a consumer or user about the business’s products or services. The law assumes a business has made certain warranties unless it disclaims them. When a business "disclaims" a warranty, it is the equivalent of saying "we are NOT making this promise to you."

 

UNLESS WE EXPRESSLY WARRANT SOMETHING IN THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PLATFORM, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT IN ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEITHER COMPANY NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT THE OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. COMPANY DISCLAIMS ALL IMPLIED LIABILITY FOR DAMAGES ARISING OUT OF THE FURNISHING OF THE PLATFORM PURSUANT TO THIS AGREEMENT.

 

Limitation of Liability

This section limits the types of claims you can bring against us. These limitations help us reduce the risks associated with providing the website and Platform – in fact, we could not provide them otherwise.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE PLATFORM, INCLUDING WITHOUT LIMITATION FOR SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST EARNINGS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THE PLATFORM WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

 

THE TOTAL AGGREGATE AMOUNT THAT COMPANY, ITS LICENSORS, OR SUPPLIERS MAY BE LIABLE TO YOU FOR ANY DAMAGES, LOSSES, CLAIMS OR CAUSES OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO COMPANY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THE ACTION OR CLAIM OCCURRED, OR $100, WHICHEVER IS GREATER.

 

Application of Disclaimers

Some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights. Company’s licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Service or otherwise shall alter any of the disclaimers or limitations stated in this section.

 

17. GENERAL

Entire Agreement. This Agreement constitutes the entire agreement between Company and you concerning your use of the Platform.

 

Partial Invalidity. Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement, which shall remain in full force and effect, and the parties acknowledge and agree that they would have executed the remaining portion without including the part so declared by a Court of Competent Jurisdiction to be invalid, void, or unenforceable.

 

No Waiver. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.

 

Assignment. This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of Company. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.

 

Independent Contractors. You and Company are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.

 

Third Party Beneficiaries. Except where expressly stated herein, there are no third-party beneficiaries to this Agreement.

 

Headings. The headings in this Agreement are for convenience only and shall have no legal or contractual effect.

 

18. CHANGES TO TERMS AND PRIVACY POLICY

Internet technology and the applicable laws, rules, and regulations change frequently. We may need to make changes to this Agreement and the Privacy Policy from time to time, including to keep up with changes in the law. If we make a material change, we will notify you in advance so you can decide whether you want to continue using the Platform after the change takes effect. Your continued use of the Platform after the change constitutes your consent to the updated Agreement or Privacy Policy. 

 

It is up to you to keep the email address associated with your Account up to date so that you don’t miss any such notifications.

 

CONTACT US:
SWEET & SAUCY, INC.
contact@Snshelpdesk696@gmail.com

SWEET & SAUCY, INC. © 2024 All Rights Reserved. This site is for entertainment purposes only. 

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