The Website is owned and operated by OneClickPass.com (“OCP”).
The terms, “OCP”, “we”, “us”, “our” and “ours” when used in this Agreement means OneClickPass.com which includes all its parents, subsidiaries, divisions, branches, affiliates or companies under common ownership or control of OCP.
The terms “you”, “your” and “yours” when used in this Agreement means any user of this Website.
YOU HEREBY ACKNOWLEDGE AND REPRESENT THAT YOU KNOW AND UNDERSTAND THAT THE MATERIALS PRESENTED AT AND ACCESSIBLE FROM THE WEBSITE INCLUDE EXPLICIT PICTORIAL, VIDEO, AUDIO, AND/OR TEXTUAL DEPICTIONS OF SEXUAL ACTIVITIES; THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND; THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS; AND THAT BY AGREEING TO THESE TERMS AND CONDITIONS YOU ARE WARRANTING TO OCP THAT YOU ARE INTENTIONALLY AND KNOWINGLY SEEKING ACCESS TO SUCH EXPLICIT SEXUAL MATERIALS FOR YOUR OWN PERSONAL ENJOYMENT.
IF YOU CHOOSE TO ACCEPT THIS AGREEMENT, YOU MUST ACCEPT IT AS PRESENTED TO YOU, WITHOUT CHANGES. OCP WILL ACCEPT NO ADDITIONS OR DELETIONS. At any time OCP may change, add, or remove any part of this Agreement, upon reasonable notice to you, or any part of the services and features provided at the Website.
IF ANY FUTURE CHANGE IS UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING THE WEBSITE. YOUR CONTINUED USE OF THE WEBSITE WILL ALWAYS INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT AND ANY CHANGES TO IT.
Your access or use of the Website in any way evidences your acceptance of the then current version of the Terms, and any related rules and guidelines. OCP reserves the right to waive or modify any of the Terms as they apply to a specific Posting and user without affecting the application of the Terms to all other postings and users. “Postings” means, but is not limited to, any text, links, images, communications, opinions, data, and any other content any person provides on the Website, including, but not limited to message boards, chats (discussion forums) blogs, wiki pages or otherwise. Your use of the Website, or any materials or services accessible through it, after such posting or notification constitutes your acceptance of such modifications. Your violation of any of the Terms may result in the suspension or termination of your access or use of the Website.
The Website is intended to provide a “forum” for persons interested in sharing adult themed entertainment and who wish to engage in discussion, exchange information, share self-created works, and make friends with one another through the Website. OCP does not and cannot pre-screen or review every Posting. However, OCP may edit any Posting it considers, in its sole discretion, to violate the Terms, including removing any personally identifiable information.
Unless otherwise indicated, this Website and its design, text, content, selection and arrangement of elements, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this Website are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights and are the property of OCP or the material is included with the permission of the rights owner and is protected pursuant to copyright and trademark laws. ALL RIGHTS RESERVED.
The posting of any such elements on this Website does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through this Website. Except as otherwise provided herein, none of the these elements may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use this Website and/or information, materials, products and/or services available on it to display, download, archive and print in hard copy, portions of this Website for personal use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach this Agreement. Upon termination, you must immediately destroy any downloaded, archived or printed materials.
The trademarks, logos, and service marks (collectively “Trademarks”) appearing on the Website are the property of OCP and other parties. Nothing contained on the Website should be construed as granting any license or right to use any Trademark without the prior written permission of the party that owns such Trademark.
This Website may contain links and/or advertisements to other websites maintained by us in addition to links to websites maintained by unrelated companies and persons. An advertisement of, or link to, a website not controlled by OCP does not mean that OCP accepts any responsibility for that website, its content or use, or the use of products and services made available through such website.
We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites.
Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through this Website, the content thereof, or the products and/or services made available through such websites. If you decide to leave our Website and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.
Use Common Sense: You are responsible for exercising your judgment in evaluating and acting on (or ignoring) other participants’ Postings on the Website. Remember, due to the anonymous nature of the Internet, other Website participants may not be who they say they are, know what they say they know or be affiliated with whom they say they are affiliated. You agree that OCP is not responsible for the accuracy of the content of the Website and will not be liable for any damages incurred as a result of the submission or use of any such content. Participants may post hypertext links to content hosted and maintained by third parties. OCP has no obligation to monitor these linked Websites, and is not responsible for them. Your access to any linked Websites is at your own risk, so you should use good judgment before you click on any link or access any linked Website.
No inappropriate material, spam or attacks: You agree not to upload, post or otherwise transmit any content (including but not limited to text, links, communications, software, images, sounds, data or other information) that:
Contains inappropriate content such as:
- Signatures within messages or member names;
- Posting any unlawful, fraudulent, libelous, defamatory, profane, threatening, abusive, hateful, offensive, or otherwise objectionable material of any kind;
- Discussing illegal activity, or posting links to other Websites that deal with such activities;
- Violating copyright or other intellectual property rights;
- Posting or transmitting any information or software that contains a virus, Trojan horse, worm, cancelbots, time bombs, corrupted files, or other harmful or disruptive component; or
- Posting a link that directs participants to any content or information that, if posted on the Website, would constitute a violation of the Terms.
Spam such as:
- Advertisements for other web Websites and services, or other commercial solicitation;
- Chain letters, pyramid schemes or securities offerings;
- “Bombing” the Website or individual threads with repetitive, pointless or irrelevant Postings;
- Excessive cross-posting; or
- Postings that are unrelated to the Website.
Attacks such as:
MATERIALS PROVIDED TO OCP/POSTED AT THE WEBSITE
- “Flaming” other members or any entities in a manner that might incite or perpetuate a conflict or argument, including attacks of any kind;
- Creating usernames to attack other participants’ identities (i.e., choosing a name almost identical for purposes of impersonation, slamming on someone through your name choice) Impersonating other individuals or falsely representing your identity or qualifications;
- Posts made under secondary usernames or other aliases for the purpose of either supporting or belittling others; or
- Posts that breach any users’ privacy, e.g., contain personal or sensitive information such as name, address, phone, email address or other identifying information.
IF YOU DO NOT WANT TO GRANT TO OCP THE RIGHTS SET FORTH BELOW, DO NOT SEND YOUR POSTING TO THE WEBSITE.
OCP does not claim ownership of the materials you provide to OCP; however, by uploading, inputting, providing or submitting your Posting you are granting OCP, its affiliated companies and necessary sub-licensees a perpetual, royalty-free, non-exclusive worldwide right and license to use your Posting in connection with the operation of their Internet business, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Posting; to publish your name in connection with your Posting; and the right to sublicense such rights.
No compensation will be paid with respect to the use of your Posting, as provided herein. OCP is under no obligation to post or use any Posting you may provide and OCP may remove any Posting at any time in its sole discretion.
By sending a Posting to the Website you warrant and represent that you own or otherwise control all of the rights to your Posting as described in this Agreement including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Posting.
In addition to the warranty and representation set forth above, by sending a Posting to the Website that contain videos, images, photographs, pictures or that are otherwise graphical in whole or in part (“Content”), you warrant and represent that (a) you are the copyright owner of such Content, or that the copyright owner of such Content has granted you permission to use such Content or any content and/or videos/images contained in such Content consistent with the manner and purpose of your use and as otherwise permitted by this Agreement, and (b) you have the rights necessary to grant the licenses and sublicenses described in this Agreement. By posting Content, you are granting (a) to all members of your private community (for each such Content available to members of such private community), and/or (b) to the general public (for each such Content), permission to use your Content in connection with the use, as permitted by this Agreement, and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Content without having your name attached to such Content. The licenses granted in the preceding sentences for Content will terminate at the time you completely remove such Content from such Postings, provided that, such termination shall not affect any licenses granted in connection with such Content prior to the time you completely remove such Content. No compensation will be paid with respect to the use of your Content.
COMPLIANCE WITH 18 U.S.C. 2257
Please be advised that pursuant to Federal law, any visual depictions that you post on the Website which portray actual human sexually explicit conduct, depictions of real genitals or pubic area, or simulated sexually explicit activity, as such terms are defined in 18 U.S.C. §2256 (2) (A)(i)-(iv) and 18 U.S.C. §2257A, require that you personally maintain the records required by 18 U.S.C. 2257 and must contain an 18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement. Any failure to comply with the provisions of 18 U.S.C. 2257 may make you subject to criminal and civil prosecution for the violation of 18 U.S.C. 2257, and OCP will assist in providing requirements for all claims against you.
No registration is required in order to access the Website solely for the purpose of reading/viewing Postings on the Website. However to ask, comment on, or answer a question, participants must create or have a login id, sign in, and create a nickname. OCP may refuse to grant you, and you may not use, a nickname (or email address) that is already being used by someone else, impersonates another person, belongs to another person, violates the intellectual property or other rights of any person, or that OCP rejects for any other reason in its sole discretion. You agree that any information provided in your profile is accurate, true, current and complete, and that you will keep it updated. OCP may terminate your account if any of the information provided is found to be inaccurate, false, out of date or incomplete.
A NOTE ABOUT MINORS
OCP is committed to protecting the privacy of children. Only adults are authorized to use this Website. Authorized access and use of the Website is limited to persons over the Age of Majority, and such access and use is limited by the Terms. Our Website is not designed or intended to attract persons under the Age of Majority. For purposes of this Privacy Notice, the term “Age of Majority” shall be defined as eighteen (18) years of age (or older depending upon the laws of your state, province or country).
OCP reserves the right to manage the Postings on the Website in order to facilitate the orderly distribution of information through the Website. For that purpose OCP may, at its election, designate moderators/administrators for the Website (“Moderators”). These Moderators are the only authorized representatives of OCP who can manage the Website. Any OCP employees who are not designated as Moderators or OCP experts are not authorized to represent themselves on the Website as OCP employees, and you agree that you are not providing official OCP responses. OCP is not responsible for content provided by any OCP employee who is not designated as a Moderator or a OCP expert.
We do ask that you help us keep this Website honest, tolerant and considerate. If you see anything violating the Terms, click the “Report to a Moderator” link or “Report This” button on the applicable post and confidentially tell us about any offending messages or other violations of the Terms. Repeat offenders will be contacted by e-mail and eventually banned from the Website. If violations are egregious (wide-scale spamming, etc.) we will contact the appropriate authorities.
MODIFICATION AND DISCONTINUANCE OF THE WEBSITE
OCP reserves the right at any time and from time to time to delete, modify, suspend or discontinue, temporarily or permanently, the Website (or any part thereof, including any Postings) with or without notice. You agree that OCP shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
Your privilege to use or access the Website may be terminated by OCP immediately and without notice if you fail to comply with any term or condition of the Terms. Upon such termination, you must immediately cease accessing or using the Website and agree not to re-register or otherwise make use of the Website. Furthermore, you acknowledge that OCP reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Website. You understand that OCP may exercise this right in its sole discretion.
INDEMNITY AND RELEASE
You agree to indemnify and hold OCP and its affiliates, officers, agents or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (i) content you submit, post, transmit, or make available through the Website, including any claim that one of your postings caused damage to a third party; (ii) your use of the Website; (iii) your violation of this Agreement; or (iv) your violation of any rights of another including but not limited to another’s intellectual property right.
EXCLUSION OF LIABILITY
To the fullest extent permitted by applicable laws we, on behalf of our employees, agents, suppliers, and contractors exclude liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of the Website or any website with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. Without limiting the foregoing, you specifically acknowledge that OCP is not liable for the defamatory, offensive, infringing, breaching, fraudulent, or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. Messages created and posted by members through the Website may contain links to other websites. OCP is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by OCP. Inclusion of any linked website on the Website does not imply approval or endorsement of the linked website by OCP. When you access these third-party sites, you do so at your own risk. OCP takes no responsibility for third party advertisements which are posted to the Website. OCP is not responsible for the conduct, whether online or offline, of any user of the Website. These limitations apply to any matter related to: the Website; third party Internet sites, programs or conduct; viruses or other disabling features; incompatibility between the Service and other services, software, or hardware; and any delay or failure in initiating, conducting, or completing any transmission or transaction in connection with the Service in an accurate or timely manner.
DISCLAIMER OF WARRANTIES AND EXCLUSION OF LIABILITY
A. SOME OF THE CONTENT POSTED TO THE WEBSITE IS PROVIDED BY THIRD PARTIES NOT AFFILIATED WITH OCP. SUCH THIRD-PARTY CONTENT IS THE SOLE RESPONSIBILITY OF THE PERSON ORIGINATING THAT CONTENT. YOU AGREE THAT OCP DOES NOT CONTROL, AND IS NOT RESPONSIBLE IN ANY WAY FOR THIS THIRD-PARTY CONTENT. ADDITIONALLY, YOU AGREE THAT OCP IS NOT LIABLE FOR, AND YOU SHALL INDEMNIFY AND HOLD OCP, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES HARMLESS FROM ANY CLAIM, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY RELATING TO OR ARISING OUT OF POSTINGS YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE WEBSITE, YOUR USE OF THE WEBSITE, YOUR VIOLATION OF THIS AGREEMENT OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
B. THE CONTENT ON THE WEBSITE IS “AS IS” AND CARRIES NO WARRANTIES. OCP DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE WEBSITE, REGARDLESS OF WHO ORIGINATES THAT CONTENT. OCP DOES NOT WARRANT THAT THE WEBSITE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER LIMITATIONS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. OCP IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.
C. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OCP AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF OCP OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OCP AND YOU. OCP WOULD NOT BE ABLE TO HAVE PROVIDED THE FORUMS WITHOUT SUCH LIMITATIONS.
If you believe that content found on the Website violates your intellectual property rights, please notify OCP at firstname.lastname@example.org. Provide all of the following in writing: (i) identify the intellectual property that you claim has been infringed (or if multiple works of intellectual property, then a representative list of such works); (ii) identify the content of the Website that you claim is infringing with enough detail so that we may locate it; (iii) provide a statement by you that you have a good faith belief that the disputed content is not authorized by the intellectual property owner, its agent, or the law; (iv) provide a statement by you declaring that the notification is accurate, and, under penalty of perjury, that you are the exclusive owner of the intellectual property interest involved or that you are authorized to act on behalf of the exclusive owner; (v) provide information reasonably sufficient to permit OCP to contact you, such as an address, telephone number, and email address; (vi) and your physical or electronic signature.
Upon receipt of notice as described above, OCP will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Website.
The Terms are a complete statement of the agreement between you and OCP, and set forth the entire liability of OCP and your exclusive remedy with respect to your access and use of the Website. The agents and employees of OCP are not authorized to make modifications to the Terms, or to make any additional representations, commitments or warranties binding on OCP. Any waiver of the Terms by OCP must be in a writing signed by an authorized officer of OCP and expressly referencing the applicable provisions of the Terms. Your privilege to use or access the Website may be terminated by OCP immediately and without notice if you fail to comply with any term or condition of the Terms. Upon such termination, you must immediately cease accessing or using the Website. If any provision of the Terms is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. The Terms will be governed by New Hampshire law as applied to agreements entered into and to be performed entirely within New Hampshire, without regard to its choice of law or conflicts of law principles, and applicable federal law. The parties hereby consent to the exclusive jurisdiction and venue in the state courts in Cheshire County, New Hampshire and the federal courts in New Hampshire. The Terms do not limit any rights that OCP may have under trade secret, copyright, patent or other laws.
This Agreement contain the entire understanding between you and us with respect to this Website and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement. Should any part of these terms for any reason be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of these terms had been eliminated. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.