Welcome to the USABDSM site, a web resource that keeps you unto date in the BDSM world. The USABDSM site (usabdsm.com) (herein after – the Site) is a network project uniting kinky people in America.
The Site administration offers you the Site services on the conditions being the subject of these USABDSM Terms of Service. In this connection, you should familiarize yourself carefully with the conditions of these Terms.
1. Glossary of the Terms
1.1. The USABDSM site (or the Site) — the internet resource consisting of a set of (a) computer programs (software code running on a computer) and (b) the information (content) placed in them by the Administration and / or members. The USABDSM Site is maintained in an information system that provides the access to the aforesaid information in Internet when addressed by the domain name http://usabdsm.com (including all levels of the specified domain functioning on the moment of adoption of these Terms by the User as well as added after that).
1.2. Member — every other person who agreed to become a member of the USABDSM Community and submitted information to post on the Site.
1.3. User - website Visitor
2. Status of the USABDSM Terms of Service
2.1. These USABDSM Terms of Service (hereinbefore and hereinafter the Terms) have been developed by the Site Administration and determine the terms of Site use and development conditions as well as the rights and obligations of its Users and Administration. The Terms cover also the relations regarding rights and interests of the third parties which are not Site Users but whose rights and interests may be affected as the result of Site Users' actions.
2.2. These Terms are the legally binding agreement between the User and the Site Administration whereby the Site Administration provides services for the User regarding the use of the Site and its services (hereinafter the Services). In addition to these Terms, the agreement between the User and the Site Administration includes all special documents that regulate the provision of individual Site services and are posted in the relevant Site sections on the Internet.
2.3. The Member is obliged to be fully aware of these Terms before joining the Site. The Member's publication at the Site means full and unconditional acceptance of these Terms by the Member.
2.4. The Site Administration may make changes and/or additions to these Terms unilaterally without any special notification. These Terms are an open document accessible to the general public. The Site Administration recommends that the Members check the conditions of these Terms regularly for changes and/or additions. The continuation of use of the Site by the Member after changes and/or additions are made to these Terms will mean the Member's agreement with and acceptance of such changes and/or additions.
3. Status of the USABDSM Site
3.1. The Site Administration is the owner of all rights in the Site on the whole and all rights to use the web address (domain name) usabdsm.com. The Site Administration makes the Site available to all persons concerned in accordance with these Terms and effective US legislation.
3.2. These Terms establish conditions in accordance with which the rights to use information and intellectual activity results (including, without limitation, literary, musical, audio and visual works and sound records, graphic and design works, photo works, software) within individual sections of the Site may belong to the Site Members and other persons which have submitted these items on the Site.
4. USABDSM Site Administration
4.1. The applications, suggestions and claims of individuals and legal entities to the Site Administration in connection with these Terms and all issues regarding the Site operation, infringement of rights and interests of third parties in the process of its use as well as the inquiries of the persons authorized by American legislation may be sent to the e-mail address firstname.lastname@example.org
4.3. As regards the Site operation and development, the Administration abides by effective American legislation, other applicable/relevant legislation, these Terms and other special documents which were or may be developed and adopted by the Site Administration in order to regulate the provision of individual Site services to the Users.
4.4. No provisions of these Terms grant the User the right to use the brand name, trademarks, domain name or other distinctive marks of the Site Administration. The right to use the brand name, trademarks, domain names and other distinctive marks of the Site Administration may be granted only as agreed in writing with the Site Administration.
5. Obligations of the USABDSM MEMBER
5.1. When using the Site Services the User is obliged:
— to comply with the provisions of effective American legislation, other applicable/relevant legislation, these Terms and other special documents of the Site Administration;
— to provide true, complete and up-to-date data at the time of application and keep these data updated;
— not to post on his/her personal page such information and objects (including links thereto) which may infringe the rights and interests of other persons;
— before posting information and objects (including but limited to other people's images, texts of various content, audio records and videos), to assess in advance whether such posting is lawful;
— to keep confidential and not to disclose to other Members and third parties the personal data which became known to him/her as the result of communication with other Members other use of the Site (including but not limited to home addresses, phone numbers, email, ICQ addresses, passport details, banking information) and information on the private life of other users and third parties without the appropriate prior permission of the latter;
5.2. In case of doubts as to whether it is legal to take any actions, including posting of information or provision of access, the Site Administration recommends desisting from such actions.
5.3. When using the Site the User is prohibited from:
5.3.1. registering on behalf of or instead of another person ("false account") or registering a group (association) of persons or a legal entity as the Member; however, the registration on behalf of another individual or legal entity is possible, if necessary powers are granted according to such procedure and form as provided by American legislation and/or other applicable/relevant legislation;
5.3.2. distorting information on his/her identity, age or relations with other persons or entities;
5.3.3. loading, storing, publishing, disseminating, making available or otherwise using any information which:
— (a) contains threats, discredits, insults, defiles honor, dignity or business reputation or violates the privacy of other Members or third parties;
— (b) infringes on the rights of minors;
— (c) is vulgar or obscene, contains pornographic images and texts or sexual scenes with the participation of minors;
— (d) contains scenes of inhumane treatment of animals;
— (e) describes means and methods of suicide, contains any instigation to commit suicide;
— (f) propagandizes and/or contributes to racial, religious, ethnic hatred or hostility, propagandizes fascism or racial superiority;
— (g) contains extremist materials;
— (h) propagandizes criminal activity or contains advices, instructions or guides for criminal activities;
— (i) contains restricted information including but not limited to government and trade secrets, information on the private life of third persons;
— (j) advertises or describes the attractiveness of using drugs, including "digital drugs" (audio files affecting the human brain through binaural rhythms), contains information on drug trafficking, drug recipes and drug consumption recommendations;
— (k) is of fraudulent nature;
— (l) or infringes other rights and interests of individuals and legal entities or requirements of American legislation;
5.3.4. illegally loading, storing, publishing, distributing, making available or otherwise using the intellectual property of other Members and third parties
5.3.5. illegally collecting and processing the personal data of other persons;
5.3.6. reproducing, duplicating, copying, selling, dealing in and reselling the access to the use of the Site.
5.3.7. posting commercial and political advertisements outside the special Site sections as determined by the Site Administration;
5.3.8. posting any other information which in the personal opinion of the Site Administration is undesirable, does not meet the Site purposes, infringes on the Users' rights or is otherwise undesirable for posting on the Site;
5.4. The Member bears personal responsibility for any information he/she submits on the Site.
5.5. In case the Member disagrees with these Terms or their updates, the Member must give up using the Site with a due notice to the Site Administration.
6. Intellectual Rights
6.1. Exclusive rights in the Site Content
6.1.1. All objects placed on the Site, including design elements, text, graphic images, illustrations, videos, scripts, software, music, sounds and other objects and their collections (hereinafter the Content) are subject to exclusive rights of the Site Administration, Users and other rights holders, all rights in these objects being reserved.
6.1.2. Except as provided by these Terms as well as by effective American legislation, no Content may be copied (reproduced), processed, distributed, displayed in the frame, published, downloaded, transferred, sold or otherwise used in full or in part without the prior permission of the right owner, unless the right owner has expressly agreed to free use of the Content by any person. Reproducing, copying, collecting, systemizing, storing and transferring the Content in order to create a database whether for commercial and/or non-commercial purpose and/or using the Content in whole or its part regardless of the way of use is not allowed without the Administration's consent.
6.2. Liability for the infringement of exclusive rights.
6.2.1. The User bears personal liability for any Content or other information he/she uploads or otherwise makes publicly available (publishes) on or via the Site. The User does not have the right to upload, transfer or publish Content on the Site unless he/she has appropriate rights to do so, such rights being acquired by or transferred to him/her in accordance with American legislation. Upon detection of the rights violations, please use email@example.com to complain.
6.2.2. The Site Administration has the right but is not obliged to check the Site for prohibited Content and can delete or remove (without giving advance notice) any Content or Members at its own discretion for any reason or without reason, including, without limitation, removal or deletion of the Content which, in the personal opinion of the Site Administration, infringes these Terms, American legislation and/or may infringe the rights of, cause damage to, or threaten the security of other Members or third parties.
6.2.3. By submitting his/her Content on the Site, the Member grants the Site Administration the right to copy his/her Content in order to streamline and facilitate the publication and storage of the user Content on the Site.
6.2.4. In case the Member removes his/her Content from the Site, the rights mentioned in clauses 6.2.3 hereof will be automatically cancelled; however, the Site Administration has the right to keep archive copies of the user Content for an indefinite period.
6.3. Third parties' sites and content
6.3.1. The Site contains (or may contain) links to other web-sites (third parties' sites) as well as articles, photos, illustrations, graphic images, music, sound, video, information, applications, software and other Content belonging to or originating from third parties (Third Parties' Content), which is the result of intellectual activity and is protected in accordance with American legislation.
6.3.2. The Site Administration does not check these third parties and their Content for conformity to any requirements (truthfulness, completeness, good faith etc.). The Site Administration does not bear liability for any information on third parties' sites to which the Visitor gains access via the Site or Third Parties' Content, including any opinions or statements expressed on the Third Parties' Sites or in their Content.
6.3.3. The fact that the Site contains links or instructions for downloading files and/or installing software of third parties does not mean that the Site Administration supports and approves of these actions.
6.3.4. The fact that the Site contains a link or reference to any site, product, service, information of commercial or non-commercial nature does not mean that the Site Administration approves of or recommends the above.
6.3.5. If the Member decides to leave the Site for the sites of third parties or use or install third parties' software, he/she does it at his/her own risk and from this time these Terms do not apply to the Member any longer. When taking further actions the Member should follow the applicable standards and policies, including business practices of the persons whose Content he/she is going to use.
7. USABDSM Operation and Liability Regarding Use of the Site
7.1. After the personal page is removed, the Member has no longer the right to publish on the Site. The removal of the Member's personal page means an automatic removal of all information posted on it as well as of all information entered by the User at the time of application at the Site.
7.2. The Site Administration ensures operation and serviceability of the Site and undertakes to restore its serviceability promptly in case of technical failures and interruptions. The Site Administration does not bear liability for temporary failures and interruptions in the Site operation and resultant losses of information. The Site Administration does not bear liability for any damage to the computer of the User or any third party, mobile devices, any other equipment or software caused by or connected with the download of materials from the Site or via the links available on the Site.
7.3. The Site Administration has the right to dispose of the statistical information relating to the Site operation as well as of the Users' information to ensure the targeted display of advertising information to different audiences of Site users. For the purposes of operation and technical support of the Site and compliance with these Terms the Site Administration has the technical ability to access the Users' personal pages but does it only in the cases specified herein.
7.4. The Site Administration has the right to send information on the development of the Site and its services to the User as well as to advertise its own activity and services.
7.5. Limitation of the Site Administration's liability:
THE SITE AND ITS SERVICES, INCLUDING ALL SCRIPTS, APPLICATIONS, CONTENT AND THE SITE DESIGN ARE MADE AVAILABLE ON THE "AS IS" BASIS. THE SITE ADMINISTRATION DISCLAIMS ALL WARRANTIES THAT THE SITE OR ITS SERVICES MAY BE SUITABLE OR UNSUITABLE FOR ANY SPECIFIC PURPOSES OF USE. THE SITE ADMINISTRATION CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS OF USE OF THE SITE AND/OR ITS SERVICES.
UNDER NO CIRCUMSTANCES THE SITE ADMINISTRATION OR ITS REPRESENTATIVES BEAR LIABILITY TO THE MEMBER OR ANY THIRD PARTIES FOR ANY INDIRECT, ACCIDENTAL, UNINTENTIONAL DAMAGE, INCLUDING LOST PROFIT OR LOST DATA, DAMAGE TO THE HONOR, DIGNITY OR BUSINESS REPUTATION IN CONNECTION WITH THE USE OF THE SITE, ITS CONTENT OR OTHER MATERIALS WHICH BECAME AVAILABLE TO THE USER OR OTHER PERSONS THROUGH THE SITE, EVEN IF THE SITE ADMINISTRATION HAS WARNED OF, OR INDICATED TO THE POSSIBILITY OF SUCH DAMAGE.
8. Closing provisions
8.1. These Terms constitute the agreement between the Member and the Site Administration concerning use of the Site and its services and supersede all previous agreements between the User and the Site Administration.
9.2. These Terms are governed and construed in accordance with American legislation. Those issues which are not settled by these Terms are subject to American legislation.
8.3. In case any disputes or differences arise in connection with the fulfillment of these Terms, the User and the Site Administration will make every effort to resolve these by negotiations. Those disputes which are not resolved by negotiations are to be resolved according to the procedure established by effective American legislation.
8.4. These Terms become binding upon the Member from the time of his/her accession and are valid during an indefinite period.
8.5. These Terms are made in English and may be provided to the User for familiarization in another language. In case of discrepancies between the English and the foreign language versions of the Terms, the English language version will prevail.
8.6. In the event that one or more provisions hereof become invalid or unenforceable for any reason, this will not affect the validity or applicability of the remaining provisions.
Date of Last Revision: May March, 2018