By using the Fapgarden Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you are merely surfing or browsing through the Website and have not yet registered to become a Member, your use of the Website is still subject to this Agreement; if you do not agree to this Agreement, do not use the Services.
This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time for any reason by following the instructions in the Help section. We may terminate your membership for any reason at any time. Even after your membership is terminated, this Agreement will remain in effect. Our proprietary rights, disclaimers, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.
We may also, in our sole discretion and at any time, discontinue temporarily or permanently providing the Fapgarden Service, or any part thereof, with or without notice. You agree that any termination of access to the Fapgarden Service under any provision of the Terms of Service may be effected without notice, and admit and agree that Fapgarden may immediately deactivate or delete your profile and all related information and files in your profile and/or bar any further access to such files. You also agree that Fapgarden shall not be liable for any termination or suspension of access to the Fapgarden Service to you or any third party.
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Member profile, username, or password of another Member at any time. You agree to notify us immediately if you suspect any unauthorized use of your Member profile or access to your password. You are solely responsible for any and all use of your Member profile.
Non-Commercial Use By Members
For now the Fapgarden Services are for the personal use of individual Members only, and may not be used in connection with any commercial endeavors. This includes providing links to other websites, whether deemed competitive to Fapgarden or otherwise. Organizations, companies, and/or businesses may not become Members of Fapgarden and should not use the Fapgarden Services for any purpose. Illegal and/or unauthorized uses of the Services, including unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken. Fapgarden reserves the right, in its sole discretion, to remove commercial content, such as, but not limited to commercial advertisements, affiliate links, and other forms of unauthorized solicitation. All information on the Website is provided "AS IS" and any of your actions connected to unauthorized commercial content is at you own risk.
Proprietary Rights in Content
Fapgarden does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials ("Content") that you post on or through the Fapgarden Services. After posting your Content to the Fapgarden Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the Fapgarden Services, you hereby grant to Fapgarden a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the Fapgarden Services, including without limitation distributing part or all of the Fapgarden network in any media formats and through any media channels, except Content marked "private" will not be distributed outside the Fapgarden network. It also means that we reserve the right to access User Content on the Website, when deemed necessary for Website moderation. This limited license does not grant Fapgarden the right to sell or otherwise distribute your Content outside of the Fapgarden Services. After you remove your Content from the Fapgarden network we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the Fapgarden network you change the Content's privacy setting to private, we will cease distribution of such "private" Content outside the Fapgarden Network as soon as practicable after you make the change.
The license you grant to Fapgarden is non-exclusive (meaning you are free to license your Content to anyone else in addition to Fapgarden), fully-paid and royalty-free (meaning that Fapgarden is not required to pay you for the use on the Fapgarden Services of the Content that you post), sub licensable (so that Fapgarden is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Fapgarden Services), and worldwide (because the Internet and the Fapgarden Services are global in reach).
The Fapgarden Services contain Content of Fapgarden ("Fapgarden Content"). Fapgarden Content is protected by copyright, trademark, patent, trade secret and other laws, and Fapgarden owns and retains all rights in the Fapgarden Content and the Fapgarden Services. Fapgarden hereby grants you a limited, revocable, non-sub licensable license to reproduce and display the Fapgarden Content (excluding any software code) solely for your personal use in connection with viewing the Fapgarden network and using the Fapgarden Services.
You represent and warrant that: (i) you own the Content posted by you on or through the Fapgarden Services or otherwise have the right to grant the license set forth in this Section, and (ii) the posting of your Content on or through the Fapgarden Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the Fapgarden Services. The Fapgarden Services contain Content of Users and other Fapgarden licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Fapgarden Services. Fapgarden reserves the right (but it's not obligated) to investigate and to take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Service and terminating the membership of such violators.
If you are a copyright owner, or are authorized to act on behalf of an owner of the copyright or of any exclusive right under applicable copyright laws, and believe that such protected work has been copied in a way that constitutes copyright infringement, please provide Fapgarden's copyright agent with the following information:
* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
* Identification of the copyright work claimed to have been infringed, or, if multiple copyright infringements at a single online site are covered by a single notification, a comprehensive list of such works at the website;
* Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Fapgarden to locate the material;
* Information reasonably sufficient to permit Fapgarden to contact the complaining party, including a name (real name), address, telephone number and, if available, an email address at which the complaining party may be contacted;
* A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
* A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We apologize for any kind of misuse of our service and promise to do our best to find and terminate abusive files. All claims of copyright infringement on or regarding this website should be delivered to Fapgarden's designated copyright agent by using email
Content posted and user's conduct
The Fapgarden network is designed as a place for meeting new people, having discussions and sharing photos, news and information. It is important to us, and you, that it stays a safe and friendly environment. You should provide true, accurate and complete registration information to be an Fapgarden Member. During registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by proprietary rights or trademark law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Fapgarden Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the Fapgarden network.
We reserve the right to report all illegal activity or User Content to the proper authorities.
In this Section we provide a partial list of Content that is illegal or prohibited on the Website. We will terminate your membership immediately, in our sole discretion, if we find that you post any of this Content. Prohibited Content includes but is not limited to Content that:
* is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
* harasses or advocates harassment of another person;
* displays pornographic or sexually explicit material of any kind;
* includes material that exploits people under the age of 18 in a sexual or violent manner or is intended to solicit personal information from anyone under 18;
* involves the transmission of junk mail, chain letters, spam or any other unsolicited mass mailing, emailing or other communication;
* includes any information that (1) you know is false or misleading, (2) promotes illegal activities or conduct that is abusive or (3) is threatening, obscene, defamatory or libelous;
* constitutes or includes any illegal or unauthorized copy of another person's copyrighted or copyrightable work, including but not limited to, (1) pirated computer programs or links to them, (2) information which circumvents manufacturer-installed copy-protect devices, (3) pirated music, images or video or links to pirated music, image or video files or (4) Content which otherwise violates the terms of Copyright Section below;
* provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy or providing or creating computer viruses;
* solicits passwords or personally-identifying information for commercial or unlawful purposes from other Members;
* constitutes or includes any promotion, sales or other commercial activity such as contests, sweepstakes, barter or advertising,
* solicits people you do not know to add you or accept you as a friend on the Service
Even though all of the above Content is strictly prohibited, there is a small chance that you may become exposed to such items while using the Website. In short, the Website may contain some material that you might find objectionable. If so, neither we nor any of our officers, directors, employees, shareholders, advertisers or corporate partners will in any way be responsible for any damages incurred or suffered by any party or caused by any party arising out of or related to any such exposure. Please see Sections of limitations on our liability.
We respect the intellectual property of others, and require that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any information that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity without prior written consent of the owner of proprietary rights. Fapgarden has the right to terminate the
Membership of infringers.
If you believe your work has been copied and posted on or through the Fapgarden Services in a way that constitutes copyright infringement, please send us a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Fapgarden Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or a authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. Notification of claimed infringement can be sent using 'Contact Us' section. Your notification of claimed infringement can also be reached electronically by clicking here. Fapgarden provides certain tools and technologies to help facilitate copyright owners control over their copyrighted works.
We suggest you to take a legal advice before sending us a notification if you are unsure that there was infringement of your copyright. There may be negative consequences if you falsely assert infringement of copyright or send notification to us in bad faith.
You are solely responsible for your interactions with other Members and third parties connected to the Services, such as advertisers etc. You agree that Fapgarden will not be responsible for any loss or damage incurred as the result of any such interactions or with respect to any other Member's use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including, without limitation, any Member), Fapgarden is under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Members.
Third Party Content
The Fapgarden network contains (or you may be sent through the Website or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Fapgarden network and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Fapgarden network or relating to any applications you use or install from the site.
We are not responsible for the conduct (online or offline) of any Member or other User or Visitor of the Website. Under no circumstances will we be responsible for any loss, liability or damage, including personal injury or death or propery damage, resulting from or arising out of anyone's use of the Website, any Content posted on the Website or transmitted to Members or other Users or any interaction between or among Members or other Users of the Website, whether online or offline.
We are not responsible for any incorrect or inaccurate Content Posted on the Website, whether made or caused by users of the Website, Members, our advertisers or corporate partners or by any of the equipment or programming associated with or utilized in the operation of the Website.
We assume 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 or Member communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online 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. We are not responsible for any injury or damage to any computer equipment belonging to any user of the Website, any Member or any other person related to or resulting from use of the Website, viewing, playing or downloading any materials on or from the Website or otherwise in any way in connection with the Service.
The Website and the Service are provided "AS IS", without any guarantees, conditions or warranties that Content will be accurate. And, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement. We cannot guarantee and do not promise any specific results from use of the Website or the Service. No advice or information, whether oral or written, obtained by you from us or from or through the Website or the Service shall create any warranty not expressly stated herein. We have no control over, or responsibility for, authenticity and accuracy of Materials posted by Users on the Website.
Limitation of Liability
Your use of the Fapgarden network is at your own risk. Under no circumstances, will Fapgarden be liable to you, or any third party, for any indirect, consequential, exemplary, incidental, special or punitive damages and/or lost profit arising from your use of the Website, even if Fapgarden network has been advised of the possibility of such damages. Notwithstanding, anything to the contrary contained herein, Fapgarden's liability to you for any cause whatsoever, and regardless of the form of action, will at all times be limited to the greater of any amount by you to Fapgarden for the Services.
You agree to hold harmless and indemnify Fapgarden, its parents, and subsidiaries, and affiliates, and their respective officers, agents, partners and employees from and against any losses, liabilities, claims, or demands, including attorneys fees, made by any third party related to or arising out of your use of the Fapgarden Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the Fapgarden network causes Fapgarden to be liable to another.
This Agreement contains the entire agreement between you and Fapgarden regarding the use of the Website and Services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Notwithstanding any other provisions herein, no party will be deemed as a third-party beneficiary to this Agreement and a third party (including another Member) who is not a party to this Agreement has no right to enforce any term of this Agreement. If any provision of this Agreement is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of Fapgarden to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
Without limiting the foregoing, under no circumstances shall Fapgarden be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, computer equipment failures, Internet failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.