Acceptance of Agreement
This document contains very important information regarding your rights and obligations, and conditions, limitations, and exclusions that might apply to you. Please read it carefully.
This agreement contains a mandatory agreement to arbitrate on an individual basis to resolve disputes, rather than jury trials or class actions. By using our Website and accepting this
agreement, you hereby (1) agree to binding arbitration of these claims before a neutral arbitrator; and (2) waive your rights to go to court, have a jury hear your case, or participate
as part of a class of plaintiffs for any disputes with us.
By using the Website or by clicking to agree to the agreement when that option is made available to you, you agree to be
bound and abide by this agreement. If you do not want to agree to this agreement, you must not access or use the Website.
This Website is offered and available to persons who are 18 years old or older, who have reached the age of majority where they live, and who are not prohibited by law from
accessing or viewing sexually explicit content. By using this Website, you state that you are of legal age to form a binding contract with the Company and meet all the preceding
eligibility requirements. If you do not meet all these requirements, you must not access or use the Website.
Bookmarking to a page on the Website by which the warning page or this agreement is bypassed will constitute implied acceptance of this agreement and an explicit confirmation
that the User is at least 18 years old and the age of majority in their jurisdiction and the content is not illegal in the Territory.
Changes to Agreement
The Company may revise and update this agreement on one or more occasions. The Website will require you to review and agree to the amended agreement before you can continue
using the Website. All changes are effective immediately when posted and apply to all access to and use of the Website afterward. However, any changes to Governing Law and
Jurisdiction or Arbitration will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Agreement to View Adult Material
The Website is designed and intended solely for adults who are interested in and wish to have access to visual images, verbal descriptions, and audio sounds of a sexually oriented,
and frankly erotic, nature. The material available on the Website includes graphic visual depictions and descriptions of nudity and sexual activity and must not be accessed by anyone
under the legal age in their respective jurisdiction or by those who do not wish to be exposed to that material. If you do not meet these requirements, you must not access the Website
and must leave now. We will not be responsible to you if you suffer any loss or damage as a result of your accessing or viewing this Website in a way that places you in breach of any
contract you have with a nonparty (for example, your employment contract) or in breach of any law.
Section 230(d) Notice
Under 47 U.S.C. § 230(d), you are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that might help in
limiting access to material that is harmful to minors. You can find information about providers of these protections on the Internet by searching “parental control protection” or similar
terms. If minors have access to your computer, please restrain their access to sexually explicit material by using these products, which the Company provides for informational purposes
only and does not endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.
Territory
Each Subscription is for use within a limited territory that excludes all jurisdictions where the content is illegal or subject to age verification measures (“Territory”). The Company is not
making any statement that the Website or its content is accessible or appropriate in your jurisdiction. If you access the Website, you do so on your own initiative and are responsible for
complying with all local laws. If we detect a Subscription is purchased or used outside the Territory, we may disable that Subscription so the Login will not work and terminate this
agreement for breach without any refund of Fees already paid.
Accessing the Website
We may withdraw or amend this Website, and any service or material we provide on the Website, without notice. We will not be liable if for any reason any part of the Website is unavailable
at any time or for any period. On one or more occasions, we may restrict access to parts of the Website, or the entire Website, to Users. You are responsible for making all arrangements
necessary for you to have access to the Website and its content.
Your Account
To access the Website or some of the resources it offers, you must provide certain registration details or other information. It is a condition of your use of the Website that all the information
you provide on the Website is accurate. You must provide a valid email address, a username, and a password. Do not choose a username that is offensive or that infringes anyone’s service mark,
trademark, or trade name. We may delete or require you to change any username that violates this section. Your password should be unique (meaning that it is different from those you use for
other websites) and must comply with the Website’s technical requirements for the composition of passwords. By creating an account, you state that (1) all account registration information you
provide is your own and is accurate; (2) if you previously had an account on the Website, we did not suspend or terminate that account for breach of this agreement; and (3) you are creating an
account for your personal use, and you will not sell, rent, or transfer your account to anyone.
You are responsible for keeping your Login confidential. Further, you are responsible for all activities that occur under your Login. You will promptly notify us of any unauthorized use of your Login
or any other security breach. You must not sell, rent, lease, share, or provide access to your Login to anyone. We may disable any Login, whether chosen by you or provided by us, at any time for
any reason or no reason, including if, in our opinion, you have violated any part of this agreement.
We will not be liable for any loss that you might incur as a result of another person using your Login, either with or without your knowledge. You could be held liable for losses incurred by us or
another person due to someone else using your Login.
You must not use anyone else’s Login at any time.We care about the integrity and security of your personal information. But we cannot guarantee that unauthorized persons can never defeat the
Website’s security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.
Communication Preferences
By registering for an account, you hereby consent to receive electronic communications from us about your account. Communications might involve sending emails to your email address given
during registration or posting communications on the Website. Communications will include notices about your account (e.g., payment authorizations, change in Login or Payment Method,
confirmation emails, and other transactional information) and are part of your relationship with us. You acknowledge that any notices, agreements, disclosures, or other communications we send
you electronically will satisfy any legal communication requirements, including that these communications be in writing. We recommend that you keep copies of electronic communications by printing
a paper copy or saving an electronic copy. You also hereby consent to receive other communications from us, including newsletters about new features and content, special offers, promotional
announcements, and customer surveys by email or other methods. You acknowledge that communications you receive from us might contain sexually explicit material unsuitable for minors. If you
no longer want to receive non-transactional communications, please review the Privacy Policy regarding opting out of marketing communications.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, image, video, and audio, and the design, selection,
and arrangement of it) are owned by the Company, its licensors, or other providers of those materials and are protected by United States and international copyright, trademark, patent,
trade secret, and other intellectual property or proprietary rights laws.
We hereby grant you a single, limited, personal, nontransferable, nonsublicensable, nonexclusive license (i.e., a personal and limited right) to access and use the Website for your personal,
noncommercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the
materials on our Website, except as follows:
- Your computer may temporarily store copies of those materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication, or distribution.
- You may view any materials to which you have properly gained access for your personal, noncommercial use and not for further reproduction, publication, or distribution.
- If we provide social media features with certain content, you may take those actions as are enabled by those features.
You must not:
- Download any materials from the Website, unless downloading is enabled by the Website.
- Modify copies of any materials from the Website.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
- Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of this agreement, your right to use the Website will terminate
immediately, and you must, at our option, return or destroy any copies of the materials you have made. No interest in the Website or any content on the Website is transferred to you, and the
Company reserves all rights not expressly granted. Any use of the Website not expressly permitted by this agreement is a breach of this agreement and might violate copyright, trademark, and
other laws. The Company’s name and logo; the term TUFFDUDES; and all related names, logos, product and service names, domain names, designs, and slogans are trademarks of the Company
or its affiliates or licensors. You must not use those marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the
trademarks of their respective owners.
Prohibited Uses You must use the Website only for lawful purposes and in accordance with this agreement. You must not use the Website:
- In any way that violates any law or regulation (including, without limitation, any laws regarding exporting data or software to and from the US or other countries).
- To exploit, harm, or try to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or try to impersonate the Company, a Company employee, another User, or any other person or entity (including by using email addresses or usernames associated with any of the preceding).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as we determine, might harm the Company or the Users or expose either to liability. Additionally, you must not:
- Use the Website in any way that could disable, overburden, damage, or impair the Website or interfere with any other person’s use of the Website, including their ability to engage in real time activities through the Website.
- Conduct, facilitate, authorize, or permit any text or data mining or web scraping regarding the Website or any services provided through, or concerning, the Website. This includes using (or permitting,
authorizing, or attempting to use): (1) any “robot,” “bot,” “spider,” “scraper,” or other automated device, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor, record, or republish any part of the Website or any data, content, information, or services accessed through the Website; or (2) any automated analytical technique aimed at analyzing text and data in digital form to generate information that includes but is not limited to patterns, trends, and correlations.
- Try to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, the server on which the Website is stored,
or any server, computer, or database connected to the Website.
- Use any manual process to monitor or copy any of the materials or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise try to interfere with the Website’s proper working.
- Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We are not making any statement about the accuracy, completeness,
or usefulness of this information. Any reliance you place on that information is at your own risk. We will not be liable for any reliance placed on those materials by you or any other
visitor to the Website, or by anyone who might be informed of any of its contents.
This Website might include content provided by nonparties, including materials provided by nonparty licensors. All statements or opinions expressed in these materials, and all articles
and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those
materials. These materials do not necessarily reflect the Company’s opinion. We are not responsible, or liable to you or any nonparty, for the content or accuracy of any materials
provided by any nonparties.
Changes to the Website
We may update the content on this Website on one or more occasions, but its content is not necessarily complete or up to date. The Website’s materials might
be outdated at any given time, and we are not required to update those materials.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. For information about how we collect, use, and share your personal information, please review the Privacy Policy.
Subscription
Your Subscription will continue and automatically renew until terminated. To use the Service, you must have Internet access and provide us with one or more Payment Methods.
You must cancel your Subscription before it renews to avoid billing the Fees for the next billing cycle to your Payment Method.
We may offer a number of Subscription plans. Some Subscription plans might have differing conditions and limitations that will be disclosed at your sign-up or in other communications
made available to you.
Billing and Cancellation
The Fees for the Service and any other charges you might incur in connection with your use of the Service, including taxes and possible transaction fees, will be charged to your Payment Method on the same date as your original purchase date. The length of your billing cycle will depend on the type of Subscription that you choose when you signed up for the Service. Fees are fully earned on payment. In some cases, your payment date might change, for example, if your Payment Method has not successfully settled, when you change your Subscription plan, or if your paid Subscription began on a day not contained in a given month. We may authorize your Payment Method in anticipation of Subscription or Service-related charges through various methods, including authorizing it up to approximately one month of Service as soon as you register.
To use the Service, you must provide one or more Payment Methods. You hereby authorize us to charge any Payment Method associated with your account if your primary Payment Method is declined or no longer available to us for payment of your Fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your Subscription, we may suspend your access to the Service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, including foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
We may update your Payment Method using information provided by the payment service providers. After any update, you hereby authorize us to continue to charge the Payment Method.
You may cancel your Subscription at any time, and you will continue to have access to the Service through the end of your billing period. To cancel, contact the payment processor identified in the receipt emailed to you or email us at support@tuffdudes.com. If you cancel your Subscription, your account will automatically close at the end of your current billing period.
We may change our Subscription plans and the price of our Service on one or more occasions; however, any price changes or changes to your Subscription plan will apply no earlier than 30 days after we notify you in writing of the change. If you do not wish to accept the price change or change to your Subscription plan, you may cancel your Subscription before the change takes effect.
If you believe that we have charged your Payment Method in error, you must notify us in writing no later than 30 days after you receive the billing statement in which the error first appeared. If you do not notify us in writing of a dispute within this period, you hereby waive any disputed charges. You must submit any billing disputes in writing through support@tuffdudes.com and include a detailed statement describing the nature and amount of the disputed charges. We will correct any mistakes in a bill and add or credit them against your future payments.
Refund and Chargeback Policy
Payments are nonrefundable, and there are no refunds or credits for partially used Subscription periods. After any cancellation, however, you will continue to have access to the Service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration (collectively, “credits”) to some or all of our subscribers. The amount and form of those credits, and the decision to provide them, are at our sole discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. This section does not affect any statutory right to receive a refund from the Company that a User might have under law.
We carefully investigate all Chargebacks. You must not make unjustified Chargeback requests to your payment card provider. You will remain responsible for the consequences caused by such a breach of contract. We will review excessive and potentially fraudulent Chargebacks, and we may prevent you from making additional purchases during that review. If we determine that any Chargeback request is fraudulent or was made by you in bad faith, we may suspend and terminate your Subscription or any future Subscription you purchase.
Linking to the Website and Social Media Features
You may link to our homepage, on condition that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it,
but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. This Website may provide certain social media features that enable you to:
- Link from your own or certain nonparty websites to certain content on this Website.
- Send emails or other communications with certain content, or links to certain content, on this Website.
- Cause limited parts of content on this Website to be displayed or appear to be displayed on your own or certain nonparty websites.
You may use these features solely as they are provided by us solely for the content they are displayed with, and otherwise under any additional terms we provide for those features.
Subject to the preceding, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or parts of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Website other than the homepage or your profile page.
- Otherwise take any action regarding the materials on this Website that is inconsistent with any other provision of this agreement.
- You must cooperate with us in causing any unauthorized framing or linking immediately to stop. We may withdraw linking permission without notice.
- We may disable any social media features and any links at any time without notice.
Links from the Website
If the Website contains links to other sites and resources provided by nonparties, those links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that might arise from your use of them. If you decide to access any of the nonparty websites linked to this Website, you do so entirely at your own risk and subject to the terms of use for those websites.
Warranty Disclaimers
Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. Company offers the Website, its content, and any services or items obtained through the Website “as is” and “as available,” without making any warranties, either express or implied. Neither the Company nor any person associated with the Company is making any warranty about the completeness, security, reliability, quality, accuracy, or availability of the Website or the Service. Neither the Company nor anyone associated with the Company is making any warranty that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted; that defects will be corrected; that our Website or the server that makes it available are free of viruses or other harmful components; or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations. To the extent provided by law, the Company is not making any warranties, whether express or implied, statutory, or otherwise, including but not limited to warranties of merchantability, noninfringement, and fitness for a particular purpose. The preceding does not affect any warranties that cannot be excluded or limited under law.
Limitation of Liability
To the extent provided by law, in no event will the collective liability of the Company and its subsidiaries and affiliates, and their licensors, service providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of US$250 or the Fees you have paid to Company for a Subscription in the last six months out of which liability arose. The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by services you purchase through the Website. The preceding does not affect any liability that cannot be excluded or limited under law.
Indemnification
You shall indemnify Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of this agreement or your use of the Website, including, but not limited to, any use of the Website’s content and services other than as expressly authorized in this agreement or your use of any information obtained from the Website.
Governing Law and Jurisdiction
Delaware law governs all adversarial proceedings arising out of this agreement or access or use of the Website. This agreement’s predominant purpose is providing services and licensing access to intellectual property and not a “sale of goods.” The United Nations Convention on Contracts for the International Sale of Goods will not govern this agreement, the application of which is expressly excluded. Except for disputes subject to arbitration in accordance with the Arbitration provision below, as the exclusive means of bringing adversarial proceedings to resolve any dispute arising out of this agreement or the subject matter of this agreement, a party may bring such a proceeding in the United States District Court for the District of Delaware or in a state court of Delaware. Each party acknowledges that those courts would be a convenient forum.
Arbitration
You and the Company are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action regarding a claim. Other rights that you would have if you went to court might also be unavailable or might be limited in arbitration. Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) between you and Company arising from or relating in any way to your use of the Website or the Service, will be resolved exclusively and finally by binding arbitration.
Arbitration Resolution Services, Inc. (ARS) (or a similar online dispute resolution provider if ARS is not available) will administer the arbitration under its rules available at www.arbresolutions.com, then in effect, except as modified by this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award from the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party legal fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
You may elect to pursue your claim in small-claims court rather than arbitration if you provide the Company with written notice of your intent to do so within 60 days of the date your claim arose. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
You agree to arbitration on an individual basis. In any dispute, neither you nor the Company will be entitled to join or consolidate claims by or against other Users in court or in arbitration or otherwise participate in any claim as a class representative, class member, or in a private attorney general capacity. The arbitral tribunal will not consolidate more than one person’s claims and will not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this Arbitration provision is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
Injunctive Relief
The parties acknowledge that breach by either party of the obligations under this agreement could cause irreparable harm for which damages would be an inadequate remedy. Nothing in the Arbitration provision will prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to our Website, in each case without posting a bond or other security and without proof of actual money damages for the claim.
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 awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses.
Limitation on Time to Bring Claims
A party shall not bring a claim arising out of this agreement or access or use of the Website more than one year after the cause of action arose. Any claim brought after one year is barred.
Miscellaneous
This agreement constitutes the entire understanding between the parties regarding the subject matter of this agreement and supersedes all other agreements, whether written or oral, between the parties, except that any additional terms on the Website will govern the items to which they pertain.
This agreement is personal to you. You shall not transfer to any other person (1) any discretion granted under this agreement, (2) any right to satisfy a condition under this agreement, (3) any remedy under this agreement, or (4) any obligation imposed under this agreement. Any purported transfer in violation of this provision will be void.
No waiver under this agreement will be effective unless it is in writing and signed by the party granting the waiver. A waiver granted on one occasion will not operate as a waiver on other occasions.
If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
You may notify the Company by email at support@tuffdudes.com] or by mail to TuffD Holdings, 8311 Brier Creek Parkway Ste 105-73m Raleigh NC 27613 USA. You should direct all feedback, comments, requests for technical support, and other communications relating to the Website or the Service to us at support@tuffdudes.com. 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 notifying the Company. You consent to receive 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. You state that any email address you gave the Company for contacting you is a valid email address for receiving notice. We encourage you to provide feedback about the Website or the Service. But we will not treat as confidential any suggestion or idea provided by you, and nothing in this agreement will restrict its right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.
Definitions
“Bookmarking” means the act of placing a web page (URL) into a temporary file on the User’s browser so that the User may return to the page at a future date directly, without passing through any preceding pages.
“Chargebacks” means a request you file directly with your card company or bank to invalidate Fees.
“Fees” means amounts paid or payable to Company in exchange for a Subscription under this agreement using a Payment Method. Fees are posted on the Website.
“Login” means the combination of the unique username and password sold or provided by Company to the User and used to access the Website.
“Payment Method” means a current, valid, accepted method of payment, as may be updated on one or more occasions.
“Service” means the limited, nontransferable license to stream images and video or other content from the Website and navigate different areas of the Website.
“Subscription” means the access granted to a User to the Website using a Login for a limited period to use the Service.
“User” means an individual who is at least 18 years old and the age of majority in the jurisdiction where they live who has a Subscription or rightfully accesses the Website.
“Website” means the website located at www.tuffdudes.com.
