Terms of Use Agreement

Welcome to BDSMCHAT.org (hereinafter referred to as "BDSMCHAT", "BDSMCHAT Site" or "Site"). You must read and agree to these terms and conditions before you may access or view our Site. Please read them carefully. By visiting the BDSMCHAT.org Site, you are agreeing to its terms. This Agreement is subject to change at any time and changes are effective upon posting. Bookmark this page and check it frequently as it is up to you to refer to this page for any amendments/changes to the original Agreement.


1. Eligibility:


You must be 18 or over to register as a member of or use this Site. Membership in the service is void where prohibited. By using and/or viewing this site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of its terms and conditions, that you are at least 18-years old, and that you are not prohibited by law from using the Site.


2. Non-Commercial Use by Members/Viewers:


This BDSMCHAT.org site is for the personal use of individual members and viewers only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become members of this BDSMCHAT.org site and shall not use the BDSMCHAT.org service or site for any purpose including but not limited to: sending unsolicited commercial e-mail to members, sending advertisements for other web sites and services in this site's chat rooms, or using member personal identifying information for commercial purposes. Illegal and/or unauthorized uses of the site, including unauthorized framing of or linking to the site or the sending of unsolicited commercial email will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and/or termination of membership at BDSMCHAT's sole discretion. In order to prevent the sending of unsolicited commercial email or chat messages to its members, BDSMCHAT may take reasonable steps, including the limiting of the numbers of emails or chat messages sent or received by a member and electronically filtering or throttling or terminating e-mail and chat messages at BDSMCHAT's sole discretion.


3. Proprietary Rights of Content on BDSMCHAT.org:


BDSMCHAT owns and retains other proprietary rights in the BDSMCHAT.org site and the BDSMCHAT.org service. Except for that information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.


Content Posted on the Site/CDA:
A) BDSMCHAT.org claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Content provided by third parties and members and nothing in this Agreement is intended to waive, remove, or usurp such immunity. You understand and agree that BDSMCHAT may delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment BSDMCHAT violates the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of BSDMCHAT and/or its members.
B) You are solely responsible for the content that you publish or display (hereinafter, "post") on the BDSMCHAT.org site, or transmit to other members.
C) By posting content to any public area of BDSMCHAT.org, you automatically grant, and you represent and warrant that you have the right to grant, to BSDMCHAT and its members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity, and content and to prepare derivative works of, or incorporate into other works and other media, such information and content, and to grant and authorize sublicenses of the foregoing. For privacy terms, please refer to our Privacy Policy.
D) You must use the BDSMCHAT.org service in a manner consistent with any and all applicable laws and regulations.
E) You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the BDSMCHAT.org Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to BDSMCHAT by our users or third parties.
F) You may not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the service. You will not transmit any chain letters or junk email to other BDSMCHAT members. Although BDSMCHAT cannot monitor the conduct of its members off the BDSMCHAT.org site, it is also a violation of these rules to use any information obtained from the service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent.
G) Your profile (and its contents) may be searchable by, and you may be able to search for the profiles (and their contents) of, members registered to the BDSMCHAT website.
H) Your profile (and the contents thereof) may be searchable by third-party publicly available search engines.


4. Copyright Policy/DMCA Notice:


You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including "fair use". Without limiting the foregoing, if you believe that your work has been copied and posted on the BDSMCHAT.org service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information consistent with the Digital Millennium Copyright Act (DMCA): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the our site including the URLs of web pages and/or hyperlinks; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.


It is the intention of BDSMCHAT to fully comply with the DMCA, including the Notice and "take down" provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law, and to the extent the Notice and "take down" requirements above deviate from the requirements under the DMCA then the Notice requirements as provided by the DMCA shall control and are herein incorporated by reference.


5. Member Disputes:


BDSMCHAT does not solicit or control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate and/or deceptive. If so, please request a profile review using the link provided on the member’s profile page or at various other places throughout the website. Please also use caution, common sense, and safety when using our site. You are solely responsible for your interactions with other BDSMCHAT.org members. Because it is not involved in member interactions, in the event that you have a dispute with one or more members or those who have posted, viewed and/or used information on the BDSMCHAT.org site, you release BDSMCHAT , including its employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." BDSMCHAT reserves the right, but has no obligation, to monitor disputes between you and other members.


6. Privacy:


Use of the BDSMCHAT.org site and/or its service is governed by our Privacy Policy, which may change from time to time upon electronic notice to you.


7. Disclosure:


BDSMCHAT is affiliated with various partners for monetization. As such links to partner sites can result in a commission that is credited to this Site. Some affiliate programs and affiliations include, Various Inc., Stockroom, FetishHits and more. Text and image ads that appear on the Site are third party and sponsor ads. BDSMCHAT does not endorse the products and services advertised in these ads. These companies are not affiliated with BDSMCHAT.org. Any questions about any affiliations on this Site, can be directed to BDSMCHAT through the contact page on the Site.


8. Disclaimers:


BDSMCHAT , including its employees is not responsible for any incorrect or inaccurate content posted on the BDSMCHAT.org site or in connection with the BDSMCHAT.org service, whether caused by users, members or by any of the equipment or programming associated with or utilized in the service, nor for the conduct of any user and/or member of the BDSMCHAT.org service whether online or offline. BDSMCHAT assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or member communications. BDSMCHAT is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the BDSMCHAT.org site and/or in connection with the BDSMCHAT.org service. Under no circumstances BDSMCHAT , be responsible for any loss or damage resulting from anyone's use of the Site or the service and/or any content posted on the BDSMCHAT.org site or transmitted to BDSMCHAT.org Members. The Site and the service are provided "AS-IS" and BDSMCHAT expressly disclaims any warranty of fitness for a particular purpose or non-infringement. BDSMCHAT cannot guarantee and does not promise any specific results from use of the site and/or the BDSMCHAT.org service.


Note to WebTV users: Our current Site technology does not support WebTV access for the following:
* Instant Message Center
* Toolbar
* Voice Messages
* Logout Button
* Bookmark this site
* Upload Photos


9. Limitation on Liability:


Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will BDSMCHAT be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Site or the BDSMCHAT.org service, even BDSMCHAT has been advised of the possibility of such damages. You further agree to hold BDSMCHAT , including its employees harmless for claims arising in the event that other user’s profile ultimately proves to be offensive, harmful, inaccurate and/or deceptive. Notwithstanding anything to the contrary contained herein, BDSMCHAT 's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to BDSMCHAT.org for the service during the term of membership.


10. U.S. Export Controls:


Software from this site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.


11. Indemnity:


You agree to indemnify and hold BDSMCHAT , its partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the service in violation of this Agreement and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above.


12. Notices/Other:


Except as explicitly stated otherwise, any notices shall be given by email to the email address you provide to BDSMCHAT.org during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, BDSMCHAT may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to BDSMCHAT.org during the registration process. In such case, notice shall be given 3 days after the date of mailing. You agree that this Agreement and all incorporated Agreements may be automatically assigned by BDSMCHAT , in our sole discretion, to a third party. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. References to BDSMCHAT shall include its partners and employees. BDSMCHAT 's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.