TERMS AND CONDITIONS OF USE – SIMPLY SINS LTD

Last update 6th August 2024

Simply Sins LTD, registered address 33-35 South End, Croydon, England, CR0 1BE. and trading as Simply Sins LTD

1. YOUR AGREEMENT

Welcome to the simplysins.com (the “Company”, “US”, “We”, “Ours”, “Our”); an adult interactive entertainment content platform (the “Website”).  It is important to the Company that you and other visitors have the best possible experience while using the Website and that, when you use the Website, you understand your rights and obligations.  Please ensure that you read these Terms fully as they contain very important details and explanations regarding content, functionality, and services offered on or through the Website and our strict policies and requirements concerning no minors, no prostitution or sex-trafficking, restrictions on uploading of Content, requirements to be a Member, prohibited conduct on our website, and other very important matters.  They govern your access to and use of the Website.  You may access the Website only if you agree to be bound by all the provisions stated in this agreement.

We do not produce or provide any of the broadcasted Content; we are in the business of providing a platform that enables individuals to access and share still images, recorded and live audio and video Content and interact with other Simply Sins Members, as further defined within these Terms and Conditions of use.

Simply Sins owns the platform you are accessing and all the intellectual properties. Simply Sins accounting, management and direction is performed in its offices located in London, England.  Simply Sins provides the technical, organisational and contractual framework required to provide and access live and interactive Content.  Any services rendered to you by Simply Sins are limited to the provision of such live and interactive Content services.  Simply Sins does not in any way provide services to Simply Sins Members.  Any and all services, other than the services provided by Models are provided to you via the Simply Sins Platform and access to the Simply Sins Platform is through Memberships and services fees.  

References; URL and domain names owned by Simply Sins LTD are synonymous with Simply Sins.

By visiting our website or by using any of our Services, you are agreeing to be bound by all provisions stated in these Terms.  Additionally, when used in these Terms and Conditions, “our Related Entities” shall mean our subsidiary companies, parent companies, related companies, affiliated companies or persons, officers, directors, shareholders, employees, agents, affiliates, other representatives, successors, and assigns.  Terms and Conditions.  Please carefully read all provisions contained in these Terms and Conditions.  

We are providing these Terms to you because you have attempted to access our adults only site at Simplysins.com and we require you to agree to these Terms before we allow you to access.  By visiting the Website, you will access adult orientated Content and may see graphic depictions of nudity and descriptions of explicit sexual activity, including heterosexual, bisexual, homosexual, and transsexual situations of a sexual nature, and individuals engaged in acts of sexual fetishes.  If you are on the Sex Offenders Register (or have been convicted of any sexual offences), you are prohibited from using our websites.

Access and registration to the Website is free.  The only time you must pay is if you purchase coins or other Content, products, or services.  You should not access the Website from a place, country, or location in which doing so would, or could be considered a violation of applicable law.

We strictly prohibit and have zero tolerance for our services being used in any way whatsoever to engage in, or participate in, assist, support or facilitate any act of prostitution, sex trafficking of children, sex trafficking by force, fraud or coercion.  Additionally, we also take the matter of your legal age very seriously and you must confirm that you are an adult, or the age of Majority (the age at which a person will be defined by law to be an adult) in your jurisdiction, whichever is older (the Age of Majority).  If you are not, you should leave the Simply Sins site immediately.  If we find you on the site, we will report you to the relevant enforcement agencies.  You understand this includes any individual pretending to be a minor.  You are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that is harmful to minors.  You may find information about providers of these protections on the Internet by searching “parental control protection” or similar terms.  

If you suspect that someone you encounter on our Platform is a minor, we strongly suggest and request that you report that person by using our “Report Link” or by going to https://www.simply sins.com/contact/ and telling us.  

We reserve the right to modify these Terms

The Company will endeavour to post changes on the Website at least 15 days before they become effective.  Changes will become effective on the “last updated” date stated at the top of this page.  You are responsible for reviewing and becoming familiar with any modifications.  Modifications are effective when posted, and your use of the services following any such posted modification constitutes your acceptance of the Terms as modified.  Changes will not apply to continuing disputes or to disputes arising out of (or relating to) events happening before the posted changes.  While the Company will try to notify you when the Company changes this agreement, the Company does not assume an obligation to do so, and it is your responsibility to frequently check this page to review the most current agreement.

These Terms contain disclaimers and exclusive remedy provisions.  We will collect your IP address and access times as this information will further confirm that you have made the decision to be bound by our Terms.  

By continuing to use the Website after the Company posts changes to this agreement, you agree to the revised agreement.  If you do not agree to the revised agreement, your exclusive remedy is to stop accessing the Website.  If you need more information about the changes or have any other questions or comments about the changes, please contact the Company via our contact us page.

2. TERMS OF SALE

Our website is a marketplace that allows you (the “Member”) to buy access to certain features, Content, or services from third-party providers and advertisers (“Models”).  All transactions and interactions facilitated by us are contracts between you and the Models.  Although we facilitate transactions and interactions between Members and Models through our platform, storing Content, and acting as a payment intermediary, we are not a party to any contract between a Member and a Model and are not responsible for any transactions or interactions between Members and Models.  Models are solely responsible for determining (within the parameters for pricing on our Platform) the pricing applicable to transactions and interactions and the Content to which you may be given access.

3. CONTENT

We allow for the uploading, sharing and viewing of adult Content, including sexually explicit images of live performances, streamed live or posted by Models.  Note that Simply Sins merely arranges the technical, organisational and contractual framework required to provide and access Content.  Simply Sins therefore functions as a technical platform that allows you to view Content posted by others and to engage with Members during their live and interactive performances. Simply Sins is not part of any paid or not paid interactions and/or transactions between Models and Members.  Any interactions and/or transactions therefore take place solely between the Models and Members.  

Bear in mind that your participation on Simply Sins platform is at Simply Sins sole discretion. In other words, you have no “right” to participate on Simply Sins site.    

Our website permits third-party Models to post images, photos, videos, and audio that can only be accessed after payment of a specified amount of coins (“Paid Content”).  Models determine the amount of coins to charge for Paid Content.  We may remove any Paid Content, in whole or in part, if we believe it is inappropriate.  

Unless you are one of our approved Models, it is prohibited from uploading any Content onto our website.  The only persons who may upload Content onto our website are verified Models.  Our verified Content providers have been approved by us after our robust process for verifying the age and identity of every performer.  This includes the review and validation of their government-issued picture identification and validation that the identification is in the possession of and belongs to them.  

The Company is not liable for anything that a Model posts or says on the Website.  If the Company identifies an inappropriate post, or is informed by a user, and considers the post is inappropriate, the Company will remove it and may take appropriate action against the Model.  If you post Content that belongs to someone else and they raise a concern, the Company will not accept any liability.  It is incumbent on the Model to take responsibility for what they post.  

We use a number of tools to validate individual identifications, including using a third-party vendor operator.  Our approved Models may upload Content onto our website, which Content would be viewable or accessible on the Model’s Profile Page.  We will review any such Content before it is published on our website.  If our review indicates any of the Content is illegal or violates the Standards, then we will block the Content from being published on our platform.  

Additionally, our robust age verification process ensures that we are compliant with formal verification of the Models who provide services on our platform.  We maintain and store records of all images, videos, and performances, in whatever medium is required.  In providing real-time or live video streaming services, we operate on a platform that we are able to fully control and that allows for real-time monitoring and the removal of the Content being streamed.

To ensure a safe environment for all users, we do not allow

1. exchanging any personal contact information with one of our Models or to have any communication with one of our Models which would in any way result in any type of face-to-face meeting or connections on social media; or
2. to discuss in any way with one of our performers any type of transaction whatsoever involving use of any other service or method of interfacing with one of our Models, such as use of any other Internet based service or product.  

The Company will not honour any sort of “agreements”; made between you and a Model and/or other users of the Website or Interactive Services.  If you choose to do so, you do this at your own risk and the Company will not be liable to you for any consequences of your choice.  The Company further prohibits the sharing of any personal information while utilising the Website and/or its Interactive Services.  Again, if you choose to do so, you do at your own risk and the Company will not be liable for the consequences.  

Any violation of these prohibitions will result in immediate cancellation of your Membership account with us, and you will be blocked from ever using our Services in the future.  We will cooperate fully with any criminal investigation by any enforcement agency of any type. If you have any knowledge whatsoever of any action by any person which is or may be a violation of any of these requirements or any action by any person which in any way relates to the actual or possible sexual exploitation, then we request and strongly encourage you report any such knowledge directly to us, using our  “Report Link” or by going to https://www.simply sins.com/contact/.

To ensure compliance with the Standards we uphold, we conduct live monitoring of Models during performances, including a broadcaster verification step at the beginning of each stream and periodically throughout the stream to further validate that the Models(s) has been approved by us.  By using our Services, you are fully consenting to us conducting such live monitoring and verification steps and our maintaining and storing of the records.  You shall not record, copy, make a video of, or in any way reproduce any of the Content appearing on our website, including but not limited to any part or portion of a live performance.

Additionally, you shall not post on another website, send to another person, or in any other way whatsoever redistribute any of the Content available on our website, including but not limited to any part or portion of a live performance.  You acknowledge and understand that our website permits access to Content that is protected by copyrights, trademarks, and other intellectual property rights, which rights are valid and protected in all media and technologies existing now or later developed.  

You understand you must evaluate and bear the risk associated with any reliance on the accuracy, completeness, or usefulness of any Content contained on our website.  You agree and acknowledge neither we shall assume or have any liability for any action or inaction with respect to Content or Content changes on our website.  

We further advise you that Simplysins.com:

1. is not the creator or source of that Content;
2. that the Model posting Content is solely responsible for any claims or liabilities associated with, arising from, or in any way relating to, that Content posted by that Model;
3. that you buy or use Content solely at your own risk;
4. we have no responsibility for viewing or screening any Content other than to ensure that the Content is not illegal and does not otherwise violate these Terms; and
5. you release us, our affiliates, successors, assigns, officers, employees, agents, directors, shareholders, and legal support from all claims and liabilities associated with, arising from, or in any way relating to Content.

4. CONTENT COMPLIANCE IN THE US

If you are subject to the United States federal law governing your  broadcast, performance, shared Content or posts depicting actual or simulated “sexually explicit conduct” or “depictions of the  genitals or pubic area” as those terms are defined in 18 USC §2256(2)(A)(i)-(iv) and §2257A you are considered the “producer” of this  Content and you are required to maintain the records described in 18 USC §2257 and post a 18 USC §2257 Record-Keeping  Requirements Compliance Statement.  Failure to comply with the provisions of this United States federal law, you may subject you to criminal prosecution. In connection with the EGC you stream, share or post to our Platform, you affirm, represent, and warrant that you will keep all documents required by 18 USC §2257 and §2257A, and 28 C.F.R. Part 75 for any and all individuals who appear on your cam or posts and will provide that information to us upon our request.  

5. VERIFICATIONS AND CONSENTS

Anyone creating Content must verify the identity and age of all persons depicted therein and must obtain and keep on record those person’s written consent to be depicted in the Content, their consent to allow Simply Sins to upload and to publicly distribute the Content, and, if the Content is available to download, their consent to download it.  

6. OUR SERVICE

Members

Any adult person accessing the Platform may see graphic depictions of explicit sexual activity and that by accessing the platform, you are expressly acknowledging that you wish to see such sexually explicit materials and that these materials conform with the standards of your community.  

As a Member, you may purchase coins issued by Simply Sins (hereinafter, “Coins”) to spend on our platform, in order to tip or pay Models for services provided by that Model.

You become a “Member” when you open an “Account” by providing certain information and personal data to us, which allows you to “chat” as well as to buy Coins to spend on our platform, for example for tipping or paying Models for services provided.

Model

A Model is someone who contributes and is eligible to receive Coins in their Accounts from other Members, either as gifts or as quid-pro-quo consideration for (accessing) a private show or for performance of specific acts or behaviours.  For such quid-pro-quo consideration, Models enter into direct contractual agreements.  

The services provided by Simply Sins are limited to services to the Models.  Simply Sins enables and allows the Models to provide their services on the Platform and to receive and redeem Coins.  In return, Simply Sins earns a remuneration from the Models and payable by the Models.  The remuneration payable by the Models is calculated as a percentage of the revenues generated by that Model.  Remunerations payable by Models to Simply Sins are deducted from Payouts.  If a Model does not generate any revenues via the Platform or does not request a Payout, no payment is due.  

Simply Sins earns its revenues via the provision of services to Members. Simply Sins offers Members the possibility to exchange money for virtual credit (“Coins”).  Coins can be redeemed by:

1. gifting Coins to Models (‘tipping’);  
2. paying Coins to Models as quid-pro-quo consideration for (accessing) a private show or for performance of  specific acts or behaviours; and  
3. paying Coins to Simply Sins, as consideration for Memberships, static video and other electronic services related to static Content.  

Coins are merely a means of payment which allows the Models and Members to remain anonymous to each other.  Exchanging money for Coins and/or using Coins as a means of payment does not in any way create a contractual relation between Simply Sins and Members.  

7. COINS “VIRTUAL MONEY”

Our website includes a virtual in-app currency called “Coins” that you must buy from us.  Coins are not money and have no redemption value (other than as Payouts to Models).  Coins are merely a means of payment only for entertainment purposes on the Platform.  

To buy Coins for use within the platform, you must be a legal adult in your country of residence and have a valid accepted form of payment.  Pricing for Coins include any taxes or currency transmission charges (Tax means all forms of tax and statutory, governmental, state, federal, provincial, local government, or municipal charges, duties, imposts, contributions, levies, withholdings, or liabilities wherever chargeable in any jurisdiction).

Prices for any paid service may change at any time, and the Company does not provide price protection or refunds in the event of a price reduction or promotional offering.

We accept payment through our payment processor via the payment methods identified on our website at checkout.  You must comply with any relevant terms of service or other legal agreement that governs your use of your chosen payment method.  You authorise us to supply your payment card details to a third-party payment processor to process your payment.  Prices may change at any time, and we do not offer price protection or refunds in case of a price reduction or promotional offering.

Your payment card provider may charge you currency conversion fees.  We do not have control over currency exchange rates or charges imposed by your payment card provider or bank.  We are not responsible for paying any charges or fees imposed by your payment card provider or bank.  It is your responsibility to check the price before buying Coins on our platform.  We will charge your payment method for the price listed along with any additional amounts relating to applicable taxes, bank fees, and currency fluctuations.  

Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the Coins as part of our website, you have no interest in or to any Coins appearing or originating on our website, or any other attributes associated with our website or stored within our website.  

We have the absolute right to manage, regulate, control, modify, or eliminate Coins at our sole discretion, and we will have no liability to you or anyone for exercising those rights.  We may modify the number of Coins held in your account for any reason, including but not limited to, purchases, refunds, chargebacks, fraud, customer support issues, account inactivity, credit card association or bank penalties or fines, or technical errors.  

Your Coin balance is updated in your account and may be viewed at any time by logging into your account. Unused Coins are not eligible for any refunds

You agree that if we terminate your Membership for breach of this Agreement you will not be entitled to any refund of any unused Coins or subscription fees.

Throughout the above Terms, you have been advised that violations of these Terms or your own termination of account will result in the forfeiture or surrender of your available Coins. Simply Sins proposes to put the balance of these forfeited or surrendered Coins, after associated costs, to good use.  Coins surrendered or forfeited to Simply Sins will help fund projects that impact directly on the health and well-being of individuals working in the online adult industry (such as Pineapple Support) and non-profit organisations that raise public awareness about ways to prevent child abduction, child sexual abuse and child pornography.

 

We prohibit transfers of Virtual Money unless explicitly authorised on our website.  Except as provided in this agreement, you must not sell any Coins for cash equivalents.  Any attempt to exchange Coins for actual currency, other than following the process established by us, violates this agreement and may lead to your exclusion from our website, as well as potential legal action.

You should review the list of prohibited Content, as it is forbidden to ask a Model to engage in any of these prohibited activities or to ask another Member to share such Content with you.  If you do so, your Account will be terminated and all your Coins forfeited.

8. TIPS

Though not required, tipping is highly appreciated and you can do so at any level you deem appropriate. Tips are optional and, as gifts, are not payments or bribes.  We request that you do not send tips and then demand something in return.  

Tipping is not in any way a consideration for any acts or services to be performed by Models and tipping does not in any way create an agreement between you and the Model, nor does it create an agreement between you and Simply Sins.  Once sent, the tip cannot be retrieved or returned.  

9. REFUNDS

All sales and transactions are final.  Payments are nonrefundable and fully earned on receipt. There are no refunds or credits for unused Coins.  If you are unhappy with a transaction with a Model, please inform that Model.

You acknowledge that if you voluntarily close your account before using all your credits, you will not receive a refund for your unused credits.

If you believe that the Company has charged you in error or that there is potential fraud on your account, you must notify the Company in writing.  If you fail to notify the Company in writing of a dispute, you waive any disputed charges.  You must submit any billing disputes by contacting us at https://www.simply sins.com/contact/ and include a detailed statement describing the nature and amount of the disputed charges.  Upon review of this claim, the Company will advise in writing on its decision to issue a refund or otherwise.  Furthermore, your user account shall be closed and any associated payment accounts shall be blocked to prevent future transactions.

If there is a technical error on our website, we will work with you to resolve it.  We may approve a refund in the form of a credit on request if exceptional circumstances exist.  If you believe exceptional circumstances exist for an adjustment, please contact us and explain the circumstances you think merit a refund.  We will not provide any assurance that we or any Model will offer you a refund.

If we issue a refund, at our sole discretion, we will issue that refund in the form of either a credit to your Coin balance or to the payment method you used for your purchase.  We will not provide refunds in the form of cash, bank transfer, or free services.

The provision of a refund in one instance does not entitle you to a refund in the future for similar instances, nor does it require us to issue refunds in the future under any circumstance. This does not affect any statutory right to receive a refund that you may have under the Consumer Rights Act of 2015 or other applicable Act, except that you do not have the right to a refund for:

1. digital products after you have started to download or stream these; or
2. sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them.

We may expire part of your Coin account if no Transaction Activity is detected on your account for 180 consecutive days.  “Transaction Activity” means any action that uses Coins, such as buying Paid Content.  To avoid expiration or deduction of your Coins, all you have to do is log in to the Website and use any of your Coins at least once within 180 consecutive days.  

If you delete your account or if we terminate your account for breach of this agreement, you will lose any accumulated Coins.

10. PROMOTIONS

Some users may promote competitions, promotions, prize draws, and other similar opportunities on the Website (“Third-Party Competitions”).  The Company is not the sponsor or promoter of these Third-Party Competitions and does not bear any responsibility or liability for the actions or inactions of any third parties who organise, administer, or are otherwise involved in any promotion of these.  If you wish to participate in any of these Third-Party Competitions, you are responsible for reading and ensuring that you understand the applicable rules and any eligibility requirements and are lawfully able to participate in these Third-Party Competitions in your country of residence.  

11. MINORS PROHIBITED

Our platform is to be used only by adults – we have a zero tolerance of this.  We strictly prohibit any person under the age of 18 years of age gaining access, using or having any involvement with our website.  If you are under the age of 18 years of age, or below the age of Majority in any place where you live, you should leave our site immediately.

If you seek or have any interest in paedophilia or pederastic Content, you must leave our platform immediately.  If you attempt to discuss or arrange to discuss child pornography on our site, or other sites, you will be reported to the legal authorities and banned.  Crimes against children will be dealt with in the most assertive manner possible.

We prohibit our Services or our Website from being used in any way whatsoever (either real or simulated) to engage in, participate in, assist, support or facilitate any act in any way involving the actual or possible exploitation of children.  This includes the sharing or discussion of child pornography of any type.  Additionally, we prohibit any discussion, or reference, on our website in any way related to children or anyone under 18 years of age, including any conduct which involves any person acting or posing as a person under 18 years of age by virtue of script, make-up, demeanour or costume, setting or props.

Child pornography is never allowed on Simply Sins and we do not ever allow children to be shown on camera in any capacity.  This includes depictions of nudity or sexuality by an age-inappropriate- looking Models (i.e., someone who looks younger than 18), regardless of their actual age or by anyone made to appear as a person under the age of 18.  This limitation includes the mere discussion of minors.  In the event of a breach of this rule, we will immediately report you to the appropriate authorities and any and all enforcement that we consider appropriate, at our sole and absolute discretion.  

Our zero-tolerance approach strictly prohibits:

1. any minor or any other person from using the Member account of a different person; and
2. not sharing any material with a minor, or otherwise make them available to a minor
3. any minor or any other person from using the credit card of another person in purchasing our Services.  

If you have any knowledge whatsoever of any action which is or may be a violation of any of these requirements or any action which would in any way relate to the actual or possible sexual exploitation of children, we ask and strongly encourage you to report your knowledge directly to us using “Report Link” or by going to https://www.simply sins.com/contact/.  We ask that you provide all appropriate evidence, including the date and time of identification.  The Company will promptly investigate all reports and take appropriate action.  We cooperate with enforcement agencies and we will not hesitate when appropriate to refer violations of these requirements.

In addition, any person engaging in any type of the prohibited conduct discussed above or elsewhere in these circumstances, a Member will be blocked by us from ever using our website in the future.  If a Member engages in any such prohibited conduct, the Member’s account will be closed and the Member will be blocked from opening another account at any time in the future.  

Children, babies and people under the Age of Majority must not appear on your cam feed as they are not permitted on the Simply Sins Platform at any time, in any way.  Whilst broadcasting from public locations is permitted, anyone who is unaware they are being displayed or viewed on Simply Sins may not be shown on your cam; and it is recommended that you do not cam from a height of more than 5’5” (1.65 metres) above ground, in order to avoid claims of invasion of privacy.

Broadcasting from playgrounds, schools, graveyards or churches is not permitted.

12. ASSIGNMENT AND DELEGATION

The Company may assign its rights or delegate any performance under this agreement without your consent.  You will not assign your rights or delegate your performance under this agreement without the Company’s advanced written consent.

The parties may waive a provision in this agreement only by a written agreement signed by the party or parties against whom the waiver is sought to be enforced.  No failure or delay in exercising any right or remedy, or in requiring the satisfaction of any condition, under this agreement, and no act, omission, or course of dealing between the parties, operates as a waiver or estoppel of any right, remedy, or condition.  A waiver made in writing on one occasion is effective only in that instance and only for the purpose stated.  A waiver once given is not to be construed as a waiver on any future occasion or against any other person.  

Severability

        The parties intend as follows:  

1. that if any provision of this agreement is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by Simply Sins, in which case that provision will be disregarded;
2. that if modifying or disregarding the unenforceable provision would result in failure of an essential purpose of this agreement, the entire agreement will be held unenforceable; and
3. that if an unenforceable provision is modified or disregarded, then the rest of the agreement will remain in effect as written; and  
4. that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.

Sending Notice to the Company.

You may send notice to the Company by email via the “contact us” page, unless a specific email address is set out for giving notice.  The Company will consider an email notice received by the Company only when its server sends a return message to you acknowledging receipt.  The Company may change its contact information on one or more occasions by posting the change on the Website.

Please check the Website for the most current information for sending notice to the Company.  

Sending Notice to You - Electronic Notice.

You consent to receiving any notice from the Company in electronic form either

1. by email to the last known email address the Company has for you or
2. by posting the notice on a place on the Website chosen for this purpose.

The Company will consider notices sent to you by email received when its email service shows transmission to your email address.  You state that any email address you gave the Company for contacting you is a current and valid email address for receiving notice, and that your computer has hardware and software configured to send and receive email through the Internet and to print any email you receive.  

13. CONTENT STANDARDS

While we do not create or publish Content, but rather provide a software Platform that allows others to share Content, we do reserve the right (but not the obligation) to refuse, delete, move or edit any and all Content or activity that we deem to be in violation of the Simply Sins’ terms (including trademark and copyright).  We do this to maintain our Platform as a safe place for Users to express themselves. We therefore offer our website as a place where users can express their creativity and monetise their Content, but users must respect the following Content standards (“Content Standards”), which apply to all Contributions, Model Content, and use of the Interactive Services.  Failure to comply with these Content Standards may result in suspension or termination.

Content, and use of the Interactive Services must, in their entirety, comply with all applicable regulations.

Model Contributions, Content, and use of the Interactive Services must not:

1. depict, discuss, facilitate, promote, advertise, or solicit any illegal activity, or depict, advocate, discuss, facilitate, promote, advertise, solicit, or assist any activity that violates applicable Simply Sins’ Terms;
2. contain any harmful, threatening, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable material;
3. promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
4. contain music soundtracks from professional artists in any audible recording, other than soundtracks with the permission of the copyright owner;
5. promote, depict, or discuss children, child exploitation or abuse, age-play, incest, rape or non-consensual sex, sexual assault, extreme violence, non-consensual pain, blood, cutting, self-harm, suicide, erotic asphyxiation, torture, dismemberment or graphic mutilation, sadomasochistic abuse, hardcore bondage, fisting, genital mutilation, hypnosis, intoxication (including slurred speech, staggered walking/running, excessive pupil dilation), minor role-play, bestiality, hard sports, activities involving perversion or degradation (such as drinking urine, vomiting,  excretion or use of excreta), menstrual bleeding, paraphilia, necrophilia, or any other matter that would be considered obscene under the applicable community standards;
6. contain unsolicited sexual content or unsolicited language that sexually objectifies another person in a non-consensual way or contains fake or manipulated sexual content concerning another person (including “deepfakes”);
7. promote, depict, or constitute “revenge porn” (being any sexually explicit material featuring any individual who has not given prior, express, and fully informed consent to that material (i) being taken, capture, or otherwise memorialised; or (ii) being posted and shared on our website or the Interactive Services);
8. promote or depict firearms, weapons, or goods whose sale, possession, or use is subject to prohibitions or restrictions;
9. promote or depict alcohol, drugs (regardless of legality), or drug paraphernalia, including reference to the consumption of many alcoholic drinks or high strength drinks (i.e., spirits).  So-called “legal highs” and “poppers” [amyl nitrate] are not permitted and will be treated in the same manner;
10. infringe any patent, service mark, trademark, trade name, trade secret, copyright, or other intellectual property or other rights of any other person;
11. violate any person’s legal rights (including the rights of publicity and privacy) or contain any material that could give rise to any civil or criminal liability under applicable regulations or that otherwise may be in conflict with this agreement or our Privacy Policy;
12. be likely to deceive any person;
13. cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
14. cause any chat screen to “scroll” faster than others can type to it or any action to a similar disruptive effect;
15. disrupt the normal flow of dialogue in chat or otherwise act in a manner that negatively affects other participants;
16. impersonate any person or misrepresent your identity or affiliation with any person or organisation;
17. make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users, including unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, information announcements, charity requests, and petitions for signatures;
18. give the impression that they emanate from or are endorsed by us or any other person or entity if that is not the case;
19. contain technically harmful material, including viruses, logic bombs, Trojan horses, worms, malware, ransomware, harmful components, corrupted data, or other malicious software or harmful data designed to interrupt, destroy, or limit the functionality of any software, hardware, mobile device, or telecommunications equipment;
20. depict private or personal information of any person;
21. request personal information from or share personal information with any Model or other user, including financial information, email address, telephone number, or mailing address;
22. request money from or otherwise defraud Members or other users; and
23. any reference to unprotected intercourse, or the provision of it, is not permitted in user nicknames or profile summaries on the site.  This includes terms such as “bareback” and “BB.” Users offering those services should select the relevant “Likes” preferences in their Edit Profile page.  Members seeking services should also refrain from including this and any other prohibited Terms in any reverse bookings placed.

If you are a Member of our website within the United Kingdom and you are a producer or consumer with regards to images or movies, please be aware of the Obscene Publications Act (PPA) and the Criminal Justice and Immigration Act (CJIA), which criminalises the possession of “extreme” pornography.

We support the rights of intellectual property owners, and we do all we can to protect copyrights. If you believe that any Content on our Platform infringes upon a copyright, you should notify us.

It is our policy to terminate the account of repeat copyright infringers.  To that end, anytime a Member is found to have multiple notifications of claimed infringements, their Account will be terminated.  

All images uploaded must be at least 400 pixels wide or tall. Increasing the amount of white space or padding around an image to increase it to this size is not accepted and may result in deletion.  

14. PROHIBITED ACTIVITY

All Content on our Platform is provided by others.  Models who determine for themselves when and if to broadcast, and who set their own rules for doing so.  Simply Sins does put minimum restrictions in place designed to comply with applicable Simply Sins and community standards, and for the safety of our Users.  For example, but not by way of limitation, you may not:

1. use our Platform for any unlawful purpose or in any way that subjects us to civil or criminal liability;
2. broadcast recorded Content (or any other type of non-interactive Content).  You may only give access to recorded video through your profile page;
3. impersonate another or do anything to mask your own identity such as using fake profiles or header information or other mechanisms used to conceal your identity in any communication;
4. solicit passwords or personal identifying information from other Members;  
5. threaten suicide or harm to oneself or others;
6. harass, bully or invade the privacy of another person;
7. provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
8. promote an illegal or unauthorised copy of another’s copyrighted work or provide information to circumvent manufacturer-installed copy-protect devices or provide pirated music or links to pirated music files or otherwise create or distribute unlawful copies of copyrighted material.  This includes posting or requesting materials that either you or the party you are requesting them from do not have any legal right to possess;  
9. transmit “junk” mail, “chain letters” or unsolicited commercial email, or advertisements;
10. include any file or data stream that contains viruses, worms, & “Trojan horses”; or any other malicious or destructive code or links to third parties;
11. attempt to defeat any security features of the site or reverse engineer any code or Content;
12. alter or modify any part of our Platform or access Simply Sins Content through any technology or means other than those authorised.  You cannot use any robot, spider, or other automatic device, or manual process or software to monitor or copy our web pages or Content or to bypass or interfere with the proper working of the Simply Sins Platform;
13. take any action that imposes an unreasonable or disproportionately large load on our infrastructure;  
14. stream your Content on any other cam site, under any circumstances, and you may not advertise commercial websites that offer live webcam streams, under any circumstances, on our Platform.  Models may mention their own profiles, homepages and wish-lists, and they are free to broadcast anywhere they choose, at any time;  
15. create an account in an attempt to circumvent a ban by us; and
16. promote or solicit business on our Platform for another cam site.  

The above lists are not exhaustive, and at any time, we may prohibit any activity that we determine, in our sole and absolute discretion, is inappropriate.  We reserve the right to terminate or suspend your access to our Platform for engaging in any inappropriate activity.  

You are prohibited from soliciting Models or other Members for any unlawful purpose or act, or for any paid sexual act, even if prostitution is legal in that jurisdiction.  Any such solicitation is grounds for immediate account termination.  We do not and will not facilitate prostitution.    

15. MONITORING AND TERMINATION

We may do any of the following at any time:

1. Remove or refuse to post any Content for any or no reason at our sole discretion.  The reasons for removal or rejection may include where we believe the contribution is illegal, breaches this agreement, or violates applicable Simply Sins terms;
2. take any action concerning any Contribution or Content that we consider necessary or appropriate in our sole discretion, including if we believe that the Contribution or Content violates this agreement, infringes any intellectual property right or other rights of any person, threatens the personal safety of our users or the public, could create liability for us, or otherwise violates our Terms;
3. disclose your identity or other information about you if required by applicable enforcement agencies or court order (including by subpoena) to any person who claims that material posted violates their rights, including their intellectual property rights or their right to privacy or publicity;
4. take appropriate legal action, including referral to enforcement, for any illegal or unauthorised use of our website, including posting illegal or unauthorised Content.  We may pursue any legal remedies against you for breach of this agreement or if you otherwise engage in any activity that is illegal or otherwise violates applicable terms.  We will also report any Content that could be considered exploitative of children and any other applicable legal and regulatory bodies;
5. terminate or suspend your account or access to any part of our website for any reason, or no reason, including

1. any breach of this agreement; and
2. the Content infringes the intellectual property rights of another person; and
3. engaging in any activity that is fraudulent, illegal, or suspicious; and
4. engaging in conduct that threatens the personal safety of users or the public or would tend to damage our reputation and goodwill or create liability for us; or
5. otherwise violating applicable Simply Sins terms.

It is our policy to suspend access to any Content that we become aware of that might not comply with this agreement or applicable terms while investigating the suspected non- compliance or unlawfulness of that Content.  If we suspend access to your Content, you may request a review of our decision to suspend access to that Customer Content by contacting us.  After investigating the suspected non-compliance or unlawfulness of that Content, we may take any action we consider appropriate, including reinstating access, permanently removing, or disabling access to that Content without needing to obtain any consent from you and without giving you prior notice.  You must at your own cost promptly provide us all reasonable assistance (including by providing us with copies of any information that we request) in our investigation.

We will not be responsible for any loss suffered by you arising from or relating to suspending access to your Content or any other steps that we take in good faith to investigate any suspected non-compliance or unlawfulness of your Content

If a Model or Member gives the impression or otherwise causes us to suspect money laundering or any other form of fraudulent activity, we will terminate and permanently ban any associated Accounts and initiate legal and criminal probes, and without prejudice to any other legal remedy we may undertake.    

Simply Sins will not tolerate the use of Coins to perpetuate a fraud upon us, Members or Models, and we will vigorously prosecute in the criminal courts any such attempts.  

Models are required to report all such suspicious activity, or the Models may be considered complicit, and subject to account deletion, Coin and Tip forfeiture, damages and criminal prosecution.  

If we suspend access to or remove any of Content, we will notify you via email or electronic message to your user account, but we are not required to give you prior notice of that removal.

If we suspend access to your account or terminate your access to our website, we will let you know via email to the email address listed in your account.  While access to your account is suspended, we may withhold any earnings due to the Models but not yet paid.

On termination, your right to access our website and all licenses granted by us terminate.  We will remit to the Model, no later than 45 days after the date of termination.  In addition, the Model acknowledges that we may set off against any Earnings owed any loss incurred.  

We will fully cooperate with any enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any Content on or through our website (including the Interactive Services).  You hereby waive and hold harmless Simply Sins and their affiliates, licensees, and service providers from any claims resulting from any action taken during, or taken because of, investigations by either Simply Sins or enforcement authorities.

You may terminate any Memberships on our Platform, or your entire Account, at any time by simply going to your My Account page.  If you have difficulties, please contact us via out “Contact Us” page.  If you are able to provide the correct email address associated with your account and can prove ownership of the account, we will be able to assist you.  At termination, your Account username and password will be deleted and may not be retrieved and any remaining Coins will be surrendered.

We review all Content before publication to our website to try to ensure that the Content is not illegal and does not otherwise violate this Terms.  We do not endorse the opinions expressed in the Content, or the Interactive Services.  We assume no liability for any action or inaction regarding transmissions, communications, or Content provided by any user or other person.  Further, we have no liability or responsibility to anyone for performance or non-performance of the activities described.  

We cannot ensure prompt removal of objectionable material after it has been posted.  Accordingly, the Company assumes no liability for any action or inaction regarding transmissions, communications, or Content provided by any user or third party.  The Company has no liability or responsibility to anyone for performance or non-performance of the activities described in this section.    

16. ACCESSING AND BENEFITS

We may amend our websites and any service or material provided at our sole discretion without notice.  We will not be liable if, for any reason, if any part of our websites is unavailable at any time or for any period.  From time to time, we may restrict access to all or parts of our websites to Users, including registered users.  

We do not guarantee access or the availability of any archived Content, chat, shows or recordings.  Archives, along with any other feature or benefit of this Site, may become permanently inaccessible for any reason and you agree that Simply Sins shall have no liability to you whatsoever for any such inaccessibility, and you may not seek a refund or any other transaction reversal due to such inaccessibility.  

You are responsible for making all arrangements necessary for you to access our websites and their Content.  We make no claims that our websites or their materials are accessible or appropriate where you live.  Access to our websites or their materials may not be legal by certain persons or in certain countries.  You are solely responsible for complying with all local laws governing accessing adult-oriented websites or materials when accessing our websites.

Anyone using the Simply Sins websites consents to security monitoring. We reserve the right to monitor traffic and to identify any unauthorised activities, including attempts to upload or change information, or to otherwise cause damage to the Simply Sins sites.

17. ACCOUNT

Account Creation.

Our Services may not be accessed or used where prohibited by local law.  Your use of our Services must be in compliance with all applicable rules, regulations, and ordinances. You agree to accept sole responsibility and be entirely liable for all activities conducted through your account

To access many of our websites’ features, you must create an account.  Registration for your account is without charge.  

Registration

You must complete the registration process by providing accurate information as prompted by the registration form.  You must provide a valid email, a username, and a password.  You are required to submit a valid government-issued picture identification (in colour) that contains the full legal name, date of birth, and expiration date for age and identity verification purposes. This information authorises Simply Sins to verify the validity of your identification with a third-party verification service.

Usernames

We reserve the right to change any username registered without warning and without explanation. You will be advised and offered alternatives similar usernames if possible or you may be required to select a new unique username.

Any image used as a profile picture or avatar on the Model’s Profile must accurately reflect the Model’s appearance.  

Profile

Only one profile of each user type is allowed per user. Simply Sins do permit accounts for a couple, or “duo,”. In addition to couple accounts the individuals within a couple may also have their own individual account membership.

Password

Your password should be unique (meaning that it is different from those you use for other websites) and must comply with the technical requirements of our websites for the composition of passwords.   Do not choose a username that is offensive or that infringes a person’s service mark.  Users must not choose usernames that suggest or imply unprotected intercourse, or the provision of it, or that suggest or imply illegal activities, or other references such as availability.  This includes any underage references, whether in the context of role-play or not; we therefore require that users do not use numbers between 10 and 17 in their username.  If those numbers are included as part of a date or other non-related sequence, this is permitted.

If you are on a computer terminal that may be accessed by persons other than yourself, you agree to log out of our Platform by clicking the logout button, and not to allow the browser to save or otherwise store your personal username and password.  

By creating an account, you state:

1. All account registration and profile information you provide is your own and is accurate;
2. if you previously registered an account on our websites, we did not suspend or terminate that account for breach of this agreement;
3. you are creating an account for your personal use, and you will not sell, rent, or transfer your account to any third party. It is prohibited to copy other people’s profiles, beyond standard wording that could be applicable to many;
4. active Members may not allow former Members or other persons, whose Memberships have been terminated, to use their accounts;
5. you are responsible for keeping your password and account confidential.  Further, you are responsible for all activities that occur under your account.  You must let us know promptly of any unauthorised use of your account or any other security breach via our “Contact Us” page.  You should also change your account password immediately via your profile page; and
6. you must not sell, rent, lease, share, or provide access to your account to anyone else, including charging anyone for access to Simply Sins rights on your account.  We may disable any username, password, or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any reason or no reason, including if you have violated any part of this agreement.

Liability for Account Misuse

We will not be liable for any loss that you may incur because of someone else using your password or account, either with or without your knowledge.  However, you could be held liable for losses incurred by another person or us because someone else uses your password or account.

We care about the integrity and security of your personal information.  But we cannot guarantee that unauthorised persons will never defeat our websites security measures or use any personal information you provide to us for improper purposes.  Therefore, you acknowledge that you provide your personal information at your own risk.

Anyone who has obviously copied text or images from another Member’s profile will be subject to actions in proportion to the nature of the offence committed.

If you are a Model-and want to use the Platform to post your Content, you must first create an Account, and provide us with additional, true and correct personal information, including age-verification documentation and your commitment to retain such documentation and provide us with it upon our request.  If profile pictures are removed after verification, you will be subject to re-verification.  Upload images that are entirely irrelevant to the documentation asked for will be seen as a deliberate attempt to avoid verification and the consequences of avoidance when required to verify.  As such, you may be deactivated until the necessary documentation has been received.

18. PAYMENT INFORMATION

Should you decide to exchange money for coins via the Platform (for example to tip or pay a Model or purchase Content from) you will be prompted to input a payment method.  This information will be received and stored by a payment processor (identified below and in our Privacy Policy) for future use on the Platform.  

The information you provide to us must be true and correct.  If you provide us with falsified identification or any information that is determined to be untrue, your account will be terminated immediately, and you may be reported to appropriate enforcement agencies.  

19. SECURITY

It is imperative that you keep your password safe and secure and that you do not let anyone else use your Account.  You are solely responsible for the activity that occurs on your Account, and you.

1. agree to notify Simply Sins if you believe there has been the slightest breach of security or unauthorised use of your Account; and
2. you will log out of your Account each time you stop interacting on the Platform to help ensure you keep your account safe.  

20. LICENSE GRANT

As a User of the Platform, you are granted a limited, revocable and non-exclusive license to access the Platform for your own personal use and enjoyment.  You may, but only with the express permission of another Account holder or Model, link to, sell, download, or rent Content made available via our Platform by Models.

21. PRIVATE SHOWS

Members have the ability to view and engage with Models in live, real-time interactive private shows in a number of different formats:  

1. Pay per minute: Charged per minute with the rate being set by the Model providing the show; or
2. Fixed Rate: Models can offer private shows for specific blocks of time for a set price determined by the Model; or
3. Group Shows: Models can sell tickets offering a group show for a small group rather than an individual.

22. COMMUNICATION PREFERENCES

By registering for an account, you consent to receive electronic communications from us relating to your account.  These communications may involve sending emails to the email address you provided during registration or posting communications on our websites and will include notices about your account (e.g., change in password, confirmation emails, and other transactional information) and are part of your relationship with us.

You acknowledge that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.  We recommend keeping copies of electronic communications by printing a paper copy or saving an electronic copy.  

You also consent to receive other communications from us, including newsletters about new features and Content, exclusive offers, promotional announcements, and customer surveys via email or other methods.  

You acknowledge that communications you receive from us may have sexually explicit material unsuitable for minors.  If you no longer want to receive certain non-transactional communications from us, please review the Privacy Policy on opting out of marketing communications.

The files you upload to Simply Sins must be of appropriate quality, size and resolution so that we can clearly identify you. No size is too large, but anything under the minimum 1024x768 pixels in size or something that is illegible or potentially doctored will be rejected.  

23. PRIVACY RIGHTS

Please read our Privacy Policy and Cookies Policy as they govern how we use the information and data, including personally identifiable information, we collect from you when you use our Platform.  Within these Policies, we share with you how we use your geographic location to better provide you service and how we use Cookies to track usage and offer you better performance.  

24. INTERACTIONS WITH OTHER MEMBERS

We cannot assure the privacy of your information you share on the Platform, whether by text, chat, images or live streaming video.  We obviously cannot control the use by others of any of your information shared on our Platform and encourage you to use caution when deciding what personal information you share.  You use our Platform and interact with other Members at your own risk.  

You acknowledge and agree that we are not responsible for your decision to interact with anyone, in-person or otherwise, off the Platform.  You acknowledge and agree that it may be dangerous to meet and interact with someone you do not know is safe.  You are strictly prohibited from using our Platform to meet with anyone for an illegal purpose.  

You are prohibited from contacting Members for any unlawful purpose or act, OR for any paid sexual act, even if prostitution is legal in that jurisdiction.  Any such solicitation is grounds for immediate account termination.  WE DO NOT AND WILL NOT FACILITATE PROSTITUTION.  

25. INTELLECTUAL PROPERTY RIGHTS

We own and operate our website. All Content, data, features, functionality, and other materials found on our website, including all text, displays, visual interfaces, graphics, information, interactive features, logos, images, photos, audio (for example, music and other sounds), videos, software (including source code and object code), and all other audible, visual, or materials, as well as the design, selection, organisation, coordination, compilation, and overall look and feel of our website are the intellectual property of us, our licensors, or other providers of those Materials.

Simply Sins grant you a limited, non-sublicensable license (i.e., a personal and limited right) to access and use our website and the Materials for your personal, non-commercial use only.  You must not reproduce, distribute, resell, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Materials on our website, except as follows:

1. Your computer may temporarily store copies of the Materials in RAM incidental to access and view those materials;
2. you may store files that are automatically cached by your Web browser for display enhancement purposes;
3. you may print or download one copy of a reasonable number of pages of our website for your own personal, non-commercial use and not for further reproduction, publication, or distribution;
4. you may download (where enabled by our website) or stream any audiovisual Content or images to which you have properly gained access solely for your personal, non-commercial use and not for further reproduction, publication, or distribution;
5. if we offer desktop, mobile, or other applications for Simply Sins, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, subject to our end user license agreement for those applications; and
6. if we provide social media features with certain Content, you may take those actions enabled by those features.

You must not:

1. Modify copies of any Materials from our website;
2. use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;
3. delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Materials from our website;
4. access or use any part of our websites or the Materials available through it for any commercial purposes unless we agree otherwise in writing;
5. if you print, copy, modify, download, record, or otherwise use or provide any other person with access to any part of the Materials in breach of this agreement, your right to use our websites will end immediately, and you must, at our option, return or destroy any copies of the Materials you have;
6. commit or attempt to commit fraud by false representation; failure to disclose information; abuse of position or any other means deemed fraudulent by Simply Sins;
7. allow anyone not registered under an account to appear in any form of live stream broadcasted under that account;
8. display or attempt to display any form of media content - data, digital code, images, graphics, sounds, text, or any other similar material - as part of your live streaming Content outside the actual broadcast as streamed by our application or as enabled by site features; and
9. use any tools or devices suitable for displaying media content which may include digital devices (such as mobile phones, laptops, tablets), printed media (such as newspapers, photographs), signs, and which are outside the devices necessary to broadcast streams while live streaming.

No interest in or to our website or any Materials on our website is transferred to you, and we reserve all rights not expressly granted.  Any use of our website not expressly permitted by this agreement is a breach of this agreement and may violate copyright, trademark, and other.

Additionally, you must not:

1. Use any device, software, or routine that interferes with the proper working of our website;
2. use our platform in any way that could disable, overburden, damage, or impair our site or interfere with any other person’s use of our site, including their ability to engage in real-time activities through our website;
3. use any robot, spider, or other automatic devices, processes, or means to access our website for any purpose, including monitoring or copying any Materials;
4. use any manual process to monitor or copy any of the Materials or any other unauthorised purpose without our prior written consent;
5. introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
6. attempt to gain unauthorised access to, interfere with, damage, or disrupt any part of our website, the server(s) on which our website are stored, or any server, computer, or database connected to our website;
7. attack our website via a denial-of-service attack or a distributed denial-of-service attack;
8. mask your IP address from us, including, but not limited to through the usage of security software, proxy servers, VPN and anonymous browsing applications.  If you do use that technology, you should add the site to your unfiltered domain list;
9. access the Website using any bot, macro, script or any other form of automation; and
10. otherwise, try to interfere with our website’ proper working.  

26. OWNERSHIP AND LICENSING OF CONTENT

You acknowledge that you are responsible for any Content you post, and you, not us, have full responsibility for that Content, including its legality, reliability, accuracy, and appropriateness. We are not liable to any person for the Content or accuracy of any Content posted by you or any other user.

All Content you stream or submit to our Platform is and remains your property.  You either own it outright or you have the necessary licenses, rights, consents, and permissions to use it and you authorise us to use all trademark, trade secret, copyright, right to privacy, right to publicity, or other proprietary commercial or personal rights in and to any and all your Content to enable inclusion and use of it in the manner outlined by these Terms.  By distributing your Content through our Platform, you hereby grant Simply Sins a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, prepare derivative works of, display, and broadcast the Content in connection with our service including, without limitation, to promote and redistribute part or all of the Content (and derivative works thereof) in any media formats and through any media channels.  You also hereby grant a non-exclusive license to access your Content through the Site, and to use, display and perform such Content as permitted through the functionality of the Site and under these Terms.  The above licenses granted by you are perpetual and irrevocable.  

Simply Sins is not liable for your Content.  Simply Sins operates a software platform it is not in the business of producing, licensing or selling cam shows and it does not undertake any obligation or liability relating to any Content or activity on the Site.  Our Platform is a user-driven interactive platform that contains Content provided by Models.  As such, Simply Sins acts merely as a host provider lacking any editorial role and is merely a forum for the expression of ideas, thoughts, and information.  Simply Sins is not responsible for any inaccurate, wrong, offensive, inappropriate, or defamatory Content that is streamed, posted or shared on the Platform.  

We expect that you comply with all laws when using our Platform and when submitting or posting Content to the Site.  If you are unsure whether or not your Content will violate terms, you are urged to seek advice before submitting.  

Section 230 of the Communications Decency Act.

Because our Platform relies on Content provided by Model (over whom we have no editorial control other than bare minimums to assure compliance with applicable laws, safety of our Members and continuity of the Platform) and because we are not in the business of producing cam shows (we operate an online software platform), we embrace the protections afforded us by Section 230 of the Communications Decency Act. Essentially, Section 230 provides us with immunity from suit for Content published through the Platform by Members and Models.  

We reserve the right to refuse, delete, move or edit any and all Content that we deem is in violation of Simply Sins’ terms (including trademark and copyright laws), or is abusive, defamatory, obscene or otherwise unacceptable, and you expressly agree that removal of any Content by us is not to be construed as endorsement of any remaining Content.  You expressly agree that you will never assert that Simply Sins edits or amends any Content for the purpose of establishing that we are a producer or author of any Content viewed via our Platform.  

You understand Simply Sins does not guarantee any confidentiality with respect to any Content streamed, shared or posted and that Content is specifically intended to be viewed by any age-appropriate person viewing the Site.  We use reasonable security measures to try to protect Customer Contributions against unauthorised copying and distribution. However, we make no guarantees that your content, posts, chats or streaming video has not been or will not be illegally copied or recorded and re-broadcast online or via another media.  

You assume all risk for Content you share on our platform and hereby release and hold us harmless and agree to indemnify us against all manner of claims arising out of such activities, including defamation, copyright violations, invasion of your privacy and any other infringement of intellectual property rights.  

Our name and logo; the term Simply Sins; our website’s logos; and all related names, domain names, logos, product and service names, designs, and slogans, as well as our website’s look and feel, including all pages, custom graphics, button icons, and scripts are trademarks.  You must not use those marks in connection with any product or service that is not ours, in any manner that is likely to confuse consumers, or in any way that disparages or discredits us, without first obtaining our prior written permission.  Any use of these marks must be under any guidelines that we may provide you from time to time.  All other service marks, names, logos, product and service names, designs, and slogans on our websites are the marks of their respective owners.  Reference on our website to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply our endorsement, sponsorship, recommendation, or any other affiliation.  

If the Content includes third-party material, the Model has secured all rights, licenses, written consents, and releases that are necessary

27. CONTRIBUTIONS

Models solely determine the schedule and the methods, details, and means of creating their Content and this is created at their own expense, including the cost of all clothing, make-up, accessories, tools, equipment, and instrumentalities needed to produce the Content.

The Content must not include third-party intellectual property (such as copyrighted material) unless the Model has a written license or consent from that person or is otherwise legally entitled to do so (i.e., fair use).  Any persons employed or engaged by the Model in connection with the creation of, production, or submission of the Content must be fully responsible for them and indemnify Simply Sins against any claims made by or on behalf of any that employee or contractor.

The Model must require each such employee and contractor to sign written agreements securing all rights granted, before that employee or contractor provides, creates, or otherwise performs or is depicted in any Content or Co-Authored Content in connection with this agreement.  All forms of Content uploaded to, submitted to, or exchanged with the Simply Sins site must be provided in English. Any Content upload to the Simply Sins site may be automatically watermarked with the Simply Sins site name, logo and URL.

It is prohibited to:

1. Use inappropriate words including “Verified”; “Recommended”; or “Official”; within titles or profiles, or any fields linked to a Model, other than as specified within the terms;
2. use the wording, or reference to “Available Today” in Profile Summaries, Profile Pictures.
3. Remove, delete or re-upload Content that has previously been uploaded in an attempt to increase exposure to your profile;
4. include email addresses, telephone numbers, physical addresses or URLs/links to other websites in your profile or any Content displayed in it; and
5. links will only be displayed on days where the Simply Sins banner is visible on that site and the Model is paying to display the data through one of the on-site promotional facilities.  Links may be approved by Simply Sins for personal websites or sites promoting the Simply Sins Model, not to competitor websites or sites where visitors can purchase Content that may compete with Simply Sins in any way.

28. FEES AND PAYOUTS

We charge NO fees for unlimited and unrestricted access to our website’s free picture archives, free profiles pictures and all other free Members-only services. Paid live streaming and content fees are solely at the discretion and control of the Model.  

There is no fee for basic Membership of our website.  However, a nominal onetime authorisation may be applied to your credit or debit card upon initial enrolment, which we use to confirm the integrity of your account information.  This authorisation is typically a low nominal amount but may vary depending on your payment method or billing currency.

You release us and all our representatives from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.  

All sales are final.  We have a “no refunds”; policy.  In our sole discretion and in extraordinary circumstances, we may provide credits in the form of coins in the event you experience technical difficulties that you demonstrate to have made a sincere effort to resolve.  We do not provide cash refunds, unless we determine in our sole discretion that extraordinary circumstances apply.

Members must pay Simply Sins a fee equal to 40% of all Payments made to the Model by the Member (exclusive of any VAT element of the Customer Payment) (“Simply Sins Fee”).  The remaining 60% of the Payment (exclusive of any VAT element of the Payment) is payable to the Model (“Advertiser Earnings”).  The Simply Sins Fee includes our costs of providing, supporting, and operating our website and storing the Content.  We deduct the Simply Sins Fee from the Customer Payment, and the Earnings are paid to the Model as below.

1. We will deduct the Simply Sins Fee from the Customer Payment and then will hold the Earnings on the Model’s behalf in our capacity as the Model’s agent;  
2. models can withdraw Earnings using the transfer options, on condition that the Model Earnings meet the minimum payout requirements.  We reserve the right to ask for any necessary identification as required by the Model’s selected payment processing partners to comply with international anti-money laundering and other regulations before releasing payment;
3. all payouts are transacted in GBP£, AUD$, USD$ and EUR€ at the Model’s election.  The Model’s bank may charge currency conversion or transfer fees to receive the Earnings.  We do not have control over currency exchange rates or charges imposed by the Model’s bank, and we are not responsible for paying any charges imposed by the Model’s bank;
4. if the Model is an entity or sets up an entity to receive Earnings, the Model must provide evidence to us on request that the Model is the Person with Majority Control of that entity.   We will only pay Earnings into a bank account not held in the Model’s name where the bank account is held in the name of an entity and the Model is the Person with Majority Control of that entity.  
   (i) the individual holds, directly or indirectly, more than 50% of the ownership interest in that entity; or
   (ii) the individual holds, directly or indirectly, more than 50% of the voting rights in that entity; and
5. if the Model uses an entity to receive Earnings, the Model must comply with all applicable deductions (including Tax) that would be applied to entities in the place where the entity is established;
6. if a customer successfully seeks a refund or chargeback from their credit card provider with respect to a Member’s Payment, we will investigate and will deduct from the Model’s account an amount equal to the Earnings earned by the Model on the charged-back or refunded amount;
7. if we cannot pay out the Earnings to the Model after 12 months because of inaccurate information in the Model’s account and we cannot contact the Model, the Model will automatically forfeit the Earnings, and these Earnings will become our property.  Model Earnings that are deemed unclaimed property may be turned over to the applicable governmental body;
8. we may withhold any part of the Earnings due to the Model, but not yet paid out: if we believe that the Model has or may have seriously or repeatedly breached any part of these terms;
9. if the Advertiser attempts or threatens to breach any part of this agreement in a way that we believe could have serious consequences for us or another user (including actual or possible loss caused to us or another user);
10. if we suspect that any part of the Earnings results from activity, either by the Model or by the Member who made the Payment resulting in the Earnings, for as long as is necessary to investigate the actual, threatened, or suspected breach by the Model (as applicable).  If after our investigation, we conclude that the Model has seriously or repeatedly breached any part of this agreement or applicable terms or if the Model has attempted or threatened to breach any part of this agreement in a way that has or could have serious consequences for us or another user (including actual or possible loss caused to us or another user);
11. we will not have any responsibility to the Model if we withhold or forfeit Earnings where we have the right to do so under this agreement.  If we are withholding part of the Earnings due to the Model, and we determine that part of the Earnings withheld is unrelated to the Model’s breach or suspected activity, we may pay the Model the Earnings unrelated to the breach or suspected activity.  However, the Model acknowledges that if we determine that the Model’s breaches have or may cause us losses, we may withhold all the Earnings due to the Model but not yet paid and we may set off those amounts against any losses we suffer;
12. if after we conclude our investigation, we determine that Earnings are forfeited, we will use our reasonable efforts to return any Member Payments that resulted in forfeited Earnings to the relevant Member who paid them;
13. we recommend that all Models seek professional tax advice to ensure compliance with the local Tax and VAT rules.  By using our website to advertise, you state that you have reported, and will report in the future, the receipt of all payments made to you in connection with your use of our website to the relevant Tax authority in your jurisdiction, as required by our terms.  You further agree that you will at all times comply with all terms and regulations relating to Tax that apply to you.  The Model is solely responsible for their own Tax affairs, and we are not responsible or liable for any non-payment of Tax by you.  We may close the Model’s account if we are notified of or become aware of any Tax non-compliance by the Model;
14. if the Model disputes our Earning calculation, the Model must notify us in writing no later than 30 days after that disputed calculation.  Failure to notify us within this period will result in the waiver of any claims related to that disputed calculation;
15. models who have received coins through gifting or as quid-pro-quo consideration for any services they have rendered to Members, may redeem them in accordance with Simply Sins rules concerning the redemption of tipped coins.  If you are in default of your obligations, your coins cannot be redeemed, or if you have redeemed your coins and Simply Sins determines that you were not qualified to do so, your account will be fined the value of the coins errantly redeemed;
16. our Account Management Tool presents a visual representation of the potential redemption value of coins received by a Model.  We are not holding these amounts in trust or segregating these coins and we will only redeem them once we have confirmed the Model has complied with all our legal requirements.  It is imperative that we have all the information we require for every person appearing on the platform, no exceptions, or coins will not be redeemed;
17. as part of the redemption process, we will send your identification to our payment service providers.  Fees due by Models for services provided by Simply Sins (e.g. use of the platform, use of payment services etc.), as determined by are deducted from Payouts.  Simply Sins considers that Models residing in the EU are considered taxable persons for VAT purposes. Models are solely responsible for reporting and paying any VAT, sales taxes and duties that might become due on Payouts in any jurisdiction, including the services provided by Simply Sins to Models and services rendered by the Models to Members.

29. TAX INFORMATION

If the Company is required to collect or pay any taxes in connection with your purchase of a paid service, those taxes will be charged to you at the time of each purchase transaction.  Additionally, if required, you are responsible for reporting and paying certain taxes in connection with your purchase and use of a paid service.  These taxes may include duties, customs fees, or other taxes (other than income tax), along with any related penalties or interest, as applicable to your purchase or country of purchase.  

Based on the applicable jurisdictions, tax regulations may require us to collect and / or report tax information about you to the authorities, to levy taxes on your remittances, or both.  You agree that if you do not provide us with the documents that we deem sufficient to justify such an obligation to provide information and / or to levy taxes on the payments intended for you, we may withdraw the payments up to the amount required by Simply Sins, until sufficient documents are provided to us.  You agree that Simply Sins may issue documents, information and invoices or similar documents on your behalf for VAT, any goods and services tax, any consumption tax or other taxes relating to your services provided, so that we can inform the authorities should they issue an information request to us in line with local requirements.  

 

Simply Sins strongly advises Models to seek advice from local tax professionals regarding their potential VAT, sales tax and any other tax obligations linked to the services they perform.  

As a Member using the Platform, please report anything that you think may violate this provision please report it to us immediately by using our “Contact Us” page and telling us what you know.  We will pursue the matter and take all the appropriate action to investigate and report to the relevant authorities as required.    

30. DISPUTES

You are reminded that any giving of coins, money or gifts you send to others directly, indirectly, on or off our Platform, is done at your own risk and we will not get involved in any disputes between Members.  Consequently, do not send us records of chat or screen captures as we cannot and will not get involved in trying to verify them or sort your difficulties.  You should report only misbehaviours occurring on our Platform to Customer Service via our “Contact Us” page.  False reporting will result in deletion of your account.    

31. COMPLAINTS

If you have a complaint about our website (including any complaint about Content appearing on our website or the conduct of a user), please send your complaint to us via our “Contact Us” page, including your name, address, contact details, a description of your complaint, and, if your complaint relates to Content, the URL for the Content to which your complaint relates. If you cannot contact us by email, please write to us at our registered address.

After receiving your complaint,

1. We will take those steps as we consider to be appropriate to investigate your complaint within a timeframe that is appropriate to the nature of your complaint;
2. if we require further information or documents from you, we will let you know; and
3. we will in good faith take those actions as we consider appropriate to deal with the issue that your complaint has raised.  If you have complained about Content that appears on our website and we are satisfied that the Content is unlawful or otherwise breaches this agreement (including the Content Standards), we will act quickly to remove that Content.  We are not required to inform you of the outcome of your complaint.  

You state that you will not make any complaint that is wholly unjustified, abusive, or made in bad faith.  If we determine that you have breached this warranty, we may suspend or terminate your account.  Please note, that Simply Sins is unable to mediate, be part of or held responsible in any potential financial disputes between Members accounts.

All abuse notices, including alleged child exploitative material and copyright infringement, should be directed to us via our “Contact Us” page.  You should direct all other feedback, comments, requests for technical support, and other communications relating to the Website should also be directed to the “Contact Us” page.

This policy sets out our complaint policy.  If you are a user of this Website this policy forms part of your agreement with us.  Whether or not you are a user of the Website, you can use this policy to alert us to any complaint that you have relating to the Website.  

If you have a complaint about the Website (including any complaint about Content appearing on the Website or the conduct of a user), please send your complaint to us via our “Contact Us” page including your name, address, contact details, a description of your complaint, and, if your complaint relates to Content, the URL for the Content to which your complaint relates. If you cannot contact us by email, please write to us at the mailing address.

 

If you have a complaint of illegal or non-consensual Content, we will:

1. Take those steps as we consider to be appropriate to investigate your complaint within a timeframe that is appropriate to the nature of your complaint;
2. if we require further information or documents from you, we will contact you to let you know;
3. we will in good faith investigate your complaint within seven business days;
4. if we are satisfied that the Content is lawful or non-consensual, we will immediately remove that Content, and we will notify you of our decision by email or other electronic message; and
5. if we are satisfied that the Content is not unlawful or non-consensual, we will notify you of our decision by email or other electronic message.

Any dispute regarding our determination that Content is non-consensual will be submitted by us to a neutral arbitration association at our expense.  

If you have a complaint about other issues, including complaints related to other breaches of the Terms:

1. We will take those steps as we consider to be appropriate to investigate your complaint within a time frame that is appropriate to the nature of your complaint;
2. if we require further information or documents from you, we will contact you to let you know; and
3. we will in good faith take those actions as we consider appropriate to deal with the issue that your complaint has raised.  If you have complained about the Content that appears on the Website and we are satisfied that the Content otherwise breaches the Terms, we will act promptly to remove that Content. We are not required to inform you of the outcome of your complaint.  

If you are a user of the Website, you state that you will not make any complaint under this policy that is wholly unjustified, abusive, or made in bad faith.  If we determine that you have breached this warranty, we may suspend or terminate your user account.  

32. LICENSES.

The Simply Sins Platform is made up of software developed by Simply Sins, its partners and other third party providers of software and open-source software.  All software created and copyrighted  by others and provided to you by virtue of your use of the Simply Sins Platform is provided with permission granted, free of charge, to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so.  

The software is provided without warranty of any kind, expressed or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement.  In no event shall the authors or copyright holder be liable for any claim, damages or other liability, whether in an action of contract, tort, or otherwise, arising from, out of or in connection with the software or the use of other dealings in the software.  

33. DISCLAIMERS AND EXCLUSION OF DAMAGES

You acknowledge that we cannot and do not state that files available for downloading from the Internet or our website will be free from loss, corruption, attack, viruses, other destructive code, interference, hacking, or other security intrusions.  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 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

1. a distributed denial of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, mobile device, computer programs, data, or other proprietary material because of your use of our website or any services or items obtained through our website; or by your downloading of any material posted on our website or any websites linked to them;
2. You acknowledge that all transactions and interactions regarding Content on our website are between you and the applicable Model.  You further acknowledge that we are not a party to or responsible for any transaction or interaction between you and any Advertiser.  Nor are we responsible for any Content found on our website.  We do not own any Content on our website, and the views expressed by Models in their Content do not represent our views.

You assume sole responsibility for all risks, consequences, and damages resulting from your interaction or association with our website, including risks associated with the publicity of appearing on the Internet; the risk of recording, piracy, or unauthorised dissemination of Content; or the risk of publication of your identity, including publication of your personal information.

You use our website, the Materials, and any services or items obtained through our website at your own risk.  We offer our website, the Materials, and services or items obtained through our website “as is” and “as available” without making any express or implied warranty.  Neither we nor any person associated with us is making any warranty to our website’ completeness, security, reliability, quality, accuracy, or availability.  Neither we nor anyone associated with us is making any warranty

1. that our website, the Materials, or any services or items obtained through our website will be accurate, reliable, error-free, or uninterrupted;
2. that defects will be corrected;
3. that our website or the server(s) that makes them available are free of viruses or other harmful components; or
4. that our website or any services or items obtained through them will otherwise meet your needs or expectations.

We are not making any warranty about our website, whether express, implied, statutory, or otherwise, including any warranties of merchantability, non-infringement, and fitness for a particular purpose.  No advice or information, whether oral or written, obtained from us, our website, or elsewhere will create any warranty not expressly stated in this agreement and we will not be liable to you for any of the following:

1. Errors, mistakes, or inaccuracies in the Materials;
2. property damage resulting from your access to and using our website or the Materials;
3. materials or conduct that are infringing, inaccurate, obscene, indecent, offensive, threatening, harassing, defamatory, libelous, 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 our website;
6. bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through our website by any person or that might infect your computer or affect your access to or use of our website, your other services, hardware, or software;
7. incompatibility between our website and your other services, hardware, or software;
8. delays or failures you might experience in starting, conducting, or completing any transmissions to or transactions with our website;
9. loss or damage incurred because of the use of any Materials (including Custom Content) posted, emailed, sent, or otherwise made available through our website; and
10. that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.  

You hereby release us, our directors, officers, employees, agents, subsidiaries, affiliates, licensors, Content providers, and service providers from all liability arising out of Contributions, Content, or the conduct of other users or third parties, including disputes between you and one or more other users or third parties.  

34. INDEMNIFICATION

You are not required to pay if the Indemnified Party’s intentional misconduct caused the loss.   However, you will pay us, our directors, officers, employees, agents, contractors, subsidiaries, affiliates, licensors, Content providers, and service providers (collectively, “Indemnified Parties”) for any loss of an Indemnified Party that is caused by any of the following:

1. Your access of, or conduct on, our website;
2. your Contributions or Conduct;
3. your conduct offline;
4. your breach of this agreement or our other policies and agreements;
5. your failure to pay taxes in connection with the Earnings earned under this agreement;
6. your dispute with any other user;
7. your violation of rights of any person, including intellectual property, publicity, and privacy rights;
8. your violation of any applicable Simply Sins terms;
9. your tortious acts or omissions; and
10. your criminal acts or omissions.

We reserve the right, at your expense, to assume the exclusive defence and control of any matter subject to indemnification by you.  This defence and indemnification obligation will survive these Terms and Conditions and your use of our Services.  

These Terms and Conditions shall constitute the entire agreement between you and us, superseding any prior agreements, writings, or communications between you and us with respect to the subject matters discussed in these Terms and Conditions.  If any part or portion of these Terms and Conditions is held invalid or unenforceable, that part or portion shall be construed consistent with applicable terms to reflect, as nearly as possible, the original intentions of the parties, and the remaining parts and portions shall remain in full force and effect.    

No failure by us to enforce or seek remedies for violations of any term or provision contained in these Terms shall be deemed a further or continuing waiver of such term or provision or of any other term or provision.  Our failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision in any way.  

You also agree and accept that as we make available any new products on or through our website, your use of these products is subject to these Terms.  In addition to Content provided by us, our affiliates, and independent Content providers, other entities may offer Content, software or other services to Members with their own terms and conditions and usage policies relating to your use. Failure to abide by those terms and conditions may result in termination of your Membership to our website.

We exclude the following:

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;
11. computer failure related to your access of or your inability to access our website or the Materials.  This exclusion applies regardless of the theory of liability, and even if you told us about the possibility of those damages, or we knew or should have known about the possibility of those damages.

If you are dissatisfied with our website or have any other complaint, your exclusive remedy is to terminate your account (if you have one) and stop using our website.  Our maximum liability to you for any claim will not exceed the greater of £200 and the amount you have paid for the applicable purchase out of which liability arose, even if the remedy fails of its essential purpose.  

35. DEFINITION OF LOSS

“Loss”; means an amount that the Indemnified Party is legally responsible for or pays in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers).  A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes incidental, direct, and consequential damages.  A loss is “caused by”; an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.

The Indemnified Party has control over defending a claim for a loss (including settling it), unless the Indemnified Party directs you to control the defence.  If the Indemnified Party directs you to control the defence, you will not settle any litigation without the Indemnified Party’s written consent if the settlement:

1. Imposes a penalty or limitation on the Indemnified Party;
2. admits the Indemnified Party’s fault, or
3. does not fully release the Indemnified Party from liability. You and the Indemnified Party will cooperate with each other in good faith on a claim.

Simply Sins does not warrant or assume responsibility for any product or service advertised by a third party through the Simply Sins Site or any hyper-linked website, and we will not in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

Third-party 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 third-party materials.  You further acknowledge that you may be exposed to third-party materials that are inaccurate, offensive, indecent, obscene, or otherwise objectionable, and you hereby waive any legal or equitable rights or remedies you have or may have against the Company with respect to these third-party materials.  

As with any purchase through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.  

Limitation of Liability By agreeing to use the Internet services offered by Simply Sins, you agree that Simply Sins is immune from liability under the fullest extent.

36. GOVERNING JURISDICTION

All disputes arising out of or relating to our website, or this agreement will be subject to the exclusive jurisdiction and venue of the courts of competent jurisdiction located in England, and each party hereby submits to the personal jurisdiction of those courts to resolve those disputes.  Each party hereby waives any right to seek another forum or venue because of improper or inconvenient forum.

37. RECOVERY OF EXPENSES

In any proceedings between the parties arising out of this agreement or relating to the subject matter of this agreement, the Prevailing Party will be entitled to recover from the other party, besides any other relief, all expenses that the Prevailing Party incurs in those proceedings, including legal fees and expenses. For purposes of this section.

“Prevailing Party” means, for any proceeding, the party in whose favour an Simply Sins is rendered, except that if in those proceedings the Simply Sins finds in favour of one party on one or more claims or counterclaims and in favour of the other party on one or more other claims or counterclaims, neither party will be the Prevailing Party.  If any proceedings are voluntarily dismissed or are dismissed as part of the settlement of that dispute, neither party will be the Prevailing Party in those proceedings.

Jury Trial Waiver 

Each party waives its right to a jury trial in proceedings arising out of or relating to this agreement. Either party may enforce this waiver up to and including the first day of trial.

Class Action Waiver

All claims must be brought in the parties’ individual capacity, not as a plaintiff or class member in any purported class or representative proceeding.  Unless we agree otherwise, the trial judge will not consolidate more than one person’s claims.  Both parties acknowledge that each party is waiving the right to participate in a class action.

Limitation on Time to Bring Claims

A party will not file a claim arising out of or relating to our website or this agreement more than one year after the cause of action arose.  Any claim brought after one year is barred.  

Assignment and Delegation

We may assign our rights or delegate any performance under this agreement without your consent.  You must not assign your rights or delegate your performance under this agreement without our prior written consent.

Waiver

If we fail to exercise or enforce any right or provision of this agreement, it will not constitute a waiver of that right or provision.  Any waiver of any provision of this agreement will be effective only if in writing and signed by the relevant party.

Severability

If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.

Force Majeure

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. technical access;
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.

Relationship of the Parties

This agreement does not, and the parties do not intend it to, create a partnership, joint venture, agency, franchise, or employment relationship.  The parties expressly disclaim the existence of any of these relationships.  Neither party is the agent for the other, and neither party has the right to bind the other on any agreement with a third party.

Successors and Assigns

This agreement benefits and binds the parties and their respective heirs, successors, and permitted assigns.

38. ELECTRONIC COMMUNICATIONS NOT PRIVATE

We do not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to or from us as open communications readily accessible to the public.  You should not use our website to send or receive messages you only intend the sender and named recipients to read. Users or operators of our website may read all messages you send to or through our website regardless of whether they are the intended recipients.

39. ELECTRONIC SIGNATURES

Any affirmation, assent, or agreement you send through our website will bind you. When you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other devices, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

40. UNSOLICITED IDEA SUBMISSION POLICY

Our employees and we do not accept or consider unsolicited ideas, suggestions, proposals, comments, or materials, including new or improved products, services or technologies, product or service enhancements, processes, advertising campaigns, promotions, marketing plans, or new product or service names (collectively, “Submissions”).  Please do not send any Submissions in any form to us or any of our employees.  The sole purpose of this policy is to avoid potential misunderstandings or disputes when our products, services, marketing, or other projects might seem similar to any Submissions made to us.  If you still submit your ideas to us despite our policy, the following terms will apply to your Submissions, regardless of what your communication states.

You acknowledge that:

1. We will consider the Submissions to be non-confidential and non-proprietary;
2. we may use, copy, redistribute, and disclose the Submissions for any purpose in any way, without compensation to you or any other person or party; and
3. we will have no obligations for the Submissions, including no obligation to review the Submissions, return any materials, or acknowledge receipt of the Submissions. If you do not agree to these terms, please do not send us any Submissions.