FetLife

BDSM & fetish community
for kinksters by kinksters.

Terms of Use

Welcome to FetLife.com (“FetLife”), owned, produced and operated by BitLove Inc. & BitLove Ltd. (“BitLove”).  FetLife is a social network for kinksters and people curious about exploring their sexuality. Unless explicitly stated otherwise, any current, updated and new products and services (“Products and Services”), including the addition of new properties, shall be subject to these General Terms and Conditions of Use (“Terms and Conditions”).

In addition, there are a variety of special products and services offered through FetLife that have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreement. When you are using any service or product of on FetLife that does not have a separate legal agreement, the Terms and Conditions set forth here will apply. BitLove also may supplement the Terms and Conditions with posted guidelines or rules applicable to specific areas of FetLife. In addition, BitLove and/or FetLife also may offer other services from time to time that are governed by the terms of service of the respective service partners. BitLove reserves the right to amend these Terms and Conditions at any time.

By using FetLife you agree to be bound by these Terms and Conditions. Because the Terms and Conditions contain legal obligations, please read them carefully.

The Terms and Conditions contain a variety of provisions that are generally applicable to the Products and Services and some provisions that apply to particular Products and Services. You should understand that you will be bound by the entire Terms and Conditions.

  • Acceptance
  • Conditions and Restrictions on Use
  • Registration & Privacy
  • User Conduct
  • License to User Content
  • Third Party Merchandise Sales
  • Profiles
  • Disclaimer of Warranties
  • Limitation of Liability
  • Disclaimer Regarding Third Party Content
  • Storage
  • Advertisers and Content Linked to the FetLife Network
  • No License; Intellectual Property of FetLife and Others
  • Linking to FetLife; Use of Logo
  • Indemnity and Release
  • Limitation of Actions
  • Copyright, Trademark and Patent Notices
  • Intellectual Property Infringement Claims
  • Arbitration, Governing Law and Forum for Disputes
  • Changes in Terms and Conditions and Changes in Products and Services
  • Merger
  • Non-Waiver and Separability
  • Relationship of Parties
  • No Resale, Assignment or Sub-Licensing
  • Successors and Assigns
  • Termination; Survival
  • Communications with Users
  • Submission of Ideas
  • Export Controls
  • Violations and Terms and Conditions
 

1. ACCEPTANCE

By using the Products and Services, you are agreeing, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to FetLife or any Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.

 

2. CONDITIONS AND RESTRICTIONS ON USE

Use of the Products and Services is subject to compliance with these Terms and Conditions. You shall be authorized to use the Products and Services for personal, non-commercial use only. You acknowledge and agree that BitLove may terminate your access to the FetLife or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by BitLove Any such termination shall be at BitLove’s sole discretion and may occur without prior notice, or any notice. BitLove further reserves the right to terminate any user’s access to FetLife or to any of the Products and Services for any conduct that BitLove, at its sole discretion, believes is or may be directly or indirectly harmful to other users, to BitLove or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, provincial, federal or foreign laws or regulations. BitLove further reserves the right to terminate any user’s access to FetLife or to any of the Products and Services for any reason or for no reason at all, in BitLove’s sole discretion, without prior notice, or any notice.

In order to use the Products and Services, users must have access to the World Wide Web and must navigate the Internet to http://fetlife.com. Individuals who are less than 18 years of age or are not permitted to access mature or adult content under the laws of any applicable jurisdiction may not access FetLife. If BitLove learns that anyone under the age of 18 has accessed the Products and Services, BitLove will terminate their access to FetLife.

Registered sex offenders convicted of sexual violence and/or non-consensual sexual offenses are not permitted to have accounts on FetLife. BitLove does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation or any other protected status.

 

3. REGISTRATION AND PRIVACY

Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current and complete (apart from optional items) as required by various BitLove registration forms (“Registration Data”) and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or BitLove has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BitLove has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.

All BitLove registrations become the exclusive property of BitLove  BitLove reserves the right to use and reuse all registration and other personally identifiable user information subject to BitLove’s Privacy Policy. Users may edit, update, alter or obscure their personally identifiable information at any time by following the instructions located in BitLove’s Privacy Policy and on FetLife.

You acknowledge receipt of BitLove’s Privacy Policy.

4. USER CONDUCT

You acknowledge and agree that all information, code, data, text, software, photographs, pictures, graphics, video, chat, messages, files, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not BitLove Inc, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. BitLove Inc does not control the user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and agree that by using the Products and Services, you may be exposed to Content that may be deemed offensive, indecent or objectionable. Nevertheless, you agree to use FetLife at your sole risk. Under no circumstances will BitLove Inc be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. As a general matter, BitLove Inc does not screen user or third party Content posted on FetLife, although BitLove Inc reserves the right to do so. BitLove Inc does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. BitLove Inc reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or any other rules or guidelines posted by BitLove

The Products and Services may only be used for the intended purpose for which such Products and Services are being made available.

 
Prohibited Conduct

You agree that, while using BitLove’s Products and Services,  you will not:

  • Personally attack, make fun of, troll, flame, bully, stalk or otherwise harass another member.
  • Make criminal accusations against another member in a public forum.
  • Make or promote any type of racism or hate towards anyone in specific or a group of people, unless in the context of role-playing between consenting parties.
  • Upload pictures or videos of that contain any children under 18 years of age.
  • Upload, post, email, otherwise transmit, or post links to any Content that promotes having any type of sexual relationship with a minor.
  • Create a user profile for a business, organization, website, or event that is not related to kink/fetish/BDSM/Leather. Profiles for kink-related businesses will be reviewed and accepted on a case by case basis.
  • Take anything any other person has uploaded, posted, or emailed to you, on FetLife and re-post such content anywhere outside of FetLife without the expressed written permission of the person who uploaded, posted or emailed you.
  • Upload, post, email, otherwise transmit, private conversations between two people in any public forum on FetLife without the expressed written consent of the people who are involved in said private conversation.
  • Post, directly or indirectly, any personally identifying information about another member without their consent. Personally identifying information can include, but is not limited to, a person's full name, first name, last name, email address, profession, phone number, address and place of work.
  • Use FetLife to do any academic or corporate research without the expressed written consent of BitLove
  • Cross-post the same message, be it by one person or multiple people, more than 3 times in a day.
  • Sexualize or publicly fantasize about the following topics: murder, animal abuse, and any activities involving minors. You may have strictly intellectual discussions regarding these topics.
  • Discuss or post content dealing with actual snuff, necrophilia, cannibalism, and  zoophilia/bestiality.  You may have strictly intellectual discussions regarding these topics, and may also have discussions and content concerning fantasies in these areas.
  • Create any event to promote a session with a phone sex operator, professional Dominant or professional submissive.
  • Publicly post the schedule, price list or phone number of a phone sex operator, professional Dominant or professional submissive on FetLife except in a group led by that person or in a group explicitly created for the purpose of posting such information.
  • Publicly solicit for clients on behalf, directly or indirectly, of phone sex operators, professional Dominants and professional submissives in any group except in a group led by that person or in a group explicitly created for the purpose of posting such solicitations.
  • Solicit or sell any kind of sex for hire.
  • Use FetLife for any fraudulent purposes.
  • Collect or store personally identifying information about any other user(s) for commercial purposes without the expressed consent of the user(s) or for any unlawful purposes.
  • Impersonate any person or entity, including, but not limited to, an BitLove Inc or FetLife Company official, employee, consultant, or otherwise, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services.
  • Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as “inside information”, or proprietary and confidential information learned or disclosed as part of employment relationships or subject to a nondisclosure agreement).
  • Upload, post, email, or otherwise transmit, or post links to any Content that facilitates computer hacking.
  • Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights (“Rights”) of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
    • Making available copyrighted software or other Content that has had the copyright protection removed.
    • Making available serial numbers for software that can be used to illegally validate or register software.
    • Making available tools that can be used for no purpose other than for “cracking” software or other copyrighted Content.
    • Making available any software files for which the user does not own the copyright or have the legal right to make available.
  • Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, including but not limited to promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose.
  • Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Products and Services or FetLife.
  • Use automated means, including additional computers, software and scripts, to enhance play in BitLove promotions.
  • Use automated means, including spiders, robots, crawlers, or the like to download data from any BitLove network database.
  • Use automated means, including bots, to create accounts on FetLife.
  • Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, link, display or in any way exploit any Content from any BitLove database, including, without limitation, by incorporating data from any BitLove database into any e-mail or “white pages” products or serviced, whether browser-based, based on proprietary client-site applications, web-based, or otherwise.
  • Sell, distribute, or make any commercial or unlawful use of data obtained from any BitLove database or make any other use of data from any BitLove database in a manner which could be expected to offend the person for whom the data is relevant.
  • Create and maintain a FetLife profile that stores or hosts content for remote loading by other web pages. (For example, you cannot create a FetLife profile, post pictures to the FetLife profile, and have other web pages call the FetLife profile to retrieve those pictures.)
  • Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services.
  • Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Canadian or U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
  • Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
  • Disobey any BitLove Inc employee or representative or interfere with any action by any BitLove  employee or representative to redress any violation of these Terms and Conditions.
  • Create a new account in order to access the Products and Services after your account or access has been terminated by BitLove
  • Purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the user’s alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services.
  • Use any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of BitLove or the party from whom such software may be licensed.
  • Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sub-license any software deployed in connection with the Products and Services.
  • Upload, post, email, otherwise transmit, or post links to any material, or act in any manner that is offensive to FetLife community or the spirit of these Terms and Conditions.
  • Advertise, offer for sale, or sell any of the following items:
    • Any firearms, explosives, or weapons.
    • Any items that are hateful or racially, ethnically or otherwise objectionable, that contain child pornography, or are harmful to minors.
    • Any controlled substances or pharmaceuticals.
    • Any counterfeit or stolen items.
    • Any goods or services that do not, in fact, exist.
    • Any registered or unregistered securities.
    • Any items that violate or infringe the rights of other parties.
    • Any items that you do not have the legal right to sell.
    • Any items where paying BitLove any of the required transactional or listing fees would cause BitLove to violate any law.

You acknowledge and agree that BitLove and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation, BitLove and its designees shall have the right (but not the obligation), at their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms and Conditions or is otherwise objectionable as determined by BitLove BitLove may also terminate access to, or membership in, FetLife, or any portion thereof, for violating these Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of FetLife, including without limitation, information posted on message boards.

You expressly acknowledge and agree that BitLove may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of BitLove, its users and the public. You acknowledge and agree that the technical processing and transmission of the Products and Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by BitLove Inc with regard to its users may be disclosed in accordance with BitLove’s Privacy Policy

 

5. MEMBER OF THE MEDIA

I certify that I am not a member of the media, or that if I am, I am participating on FetLife solely for my personal enjoyment and not as part of any investigation or gathering of information and that I will not use any such information in any manner without the express written permission of FetLife. I agree that everything that I observe here will be kept in strict confidence, and that I will do nothing to jeopardize the privacy and identities of any other participant without the expressed written permission of FetLife.

 

6. LIMITED LICENSE TO CONTENT POSTED ON FETLIFE

BitLove claims no ownership interest in any of the Content (including, without limitation, pictures, videos and writing) posted by you on FetLife, and the copyright to all such Content shall remain with its original owner.By posting Content on FetLife, you warrant and represent that you own the Content posted by you or otherwise have the right to grant the license set forth in this section, and that such Content does not violate the rights of any third party. You agree to pay all royalties and fees owing to any person by reason of any Content you post on FetLife.

In order to make it possible for BitLove to provide the Products and Services, you hereby grant BitLove Inc a limited, non-exclusive, worldwide, royalty-free license to use, reproduce, modify (for example, re-sizing of photos and/or encoding of audio or video files), transmit, publicly display and distribute any Content posted by you on or through FetLife, and to sublicense such rights solely as necessary to provide the Products and Services. The license shall terminate 30 days after you remove your Content from FetLife.

 

7. PAYMENT & REFUNDS

To request a refund you have to email support@fetlife.com within 28 days of the transaction and request a refund. Refunds will be for the full price of the transaction. BitLove does not refund any interest or transaction fees that might of been charged to you by your financial institution.

 

8. THIRD PARTY MERCHANDISE SALES

FetLife may contain links to third party websites where Users can purchase goods or services from third party merchants (“Merchants”). By submitting an order to purchase any goods or services from Merchants, Users are obligated to complete such transactions, subject to the individual Merchant’s terms and conditions governing such transactions. Users are prohibited from submitting orders to purchase goods or services where they do not intend to complete such transactions.

By submitting an order to purchase goods or services from an individual Merchant, you acknowledge that you are entering into a transaction with that Merchant, and that FetLife, BitLove are not parties to the transaction.

Users are obligated to submit information that is true, accurate, current, and complete. By accepting these Terms and Conditions, you represent and warrant that all such information submitted by you is true, accurate, current, and complete. Users are also required to maintain and update all such information in order to ensure that it remains true, accurate, current, and complete. Each time you update such information, you represent and warrant that such information is true, accurate, current, and complete.

Users may not purchase goods or services that they are prohibited from purchasing or possessing by any law applicable to them in their jurisdictions. The responsibility for ensuring compliance with all applicable laws shall be the User’s alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase and possess such goods or services.

BitLove has no partnership, joint venture, employer-employee, or franchisor-franchisee relationship with any Merchant accessible through FetLife. BitLove cannot confirm that any particular Merchant is who that Merchant claims to be. Nor can BitLove Inc confirm the truth or accuracy of any statements made by Merchants or control whether Merchants who post statements on FetLife will act in accordance with those statements. BitLove will not get involved in any dispute between Users of the Service and Merchants who post links on FetLife. The ability to include links is provided only as a convenience, and the inclusion of any link by an Artist or User does not imply affiliation, endorsement, or adoption by BitLove of the linked site or any information contained therein.

 

9. PROFILES

Users are invited to post content to their profile (“Profile”) subject to the following limitations: (a) BitLove may limit the amount of bandwidth dedicated to any account; and (b) BitLove reserves the right to display advertising on Profile pages. Please consult the FetLife Privacy Policy for special terms as they relate to Profiles. Profiles are governed by the entire Terms and Conditions, including, without limitation, Section 5 (User Conduct), and you are encouraged to review these terms carefully. Under no circumstances may Profiles be used to infringe the copyright or any other right of any person or entity. BitLove Inc reserves the right to modify or discontinue the Profiles service at any time, and you are encouraged to maintain back-up copies of the content you post on your Profile. The Profile service may only be used by people who are at least 18 years old.

By registering on FetLife, you represent and warrant that all registration information you submit is truthful and accurate and that you will maintain the accuracy of such information. You further represent and warrant that you are 18 years of age or older and that your use of the FetLife will not violate any applicable law. Your membership is for your sole, personal use, and you will not authorize others to use your account, including your Profile. You are solely responsible for all Content published or displayed through your account, and for your interactions with other Users.

Please choose carefully the information you post on your Profile and that you provide to other members. Your Profile may not include the following items: telephone numbers and street addresses. Please read Section 4 above, User Conduct, for additional terms and conditions regarding your use of FetLife.

The information provided by other users in their Profiles may contain inaccurate, inappropriate or offensive material, products or services for which BitLove Inc assumes no responsibility or liability.

BitLove reserves the right, at its sole discretion, to reject, refuse to post or remove any Content posted by you, and to restrict, suspend, or terminate your access to all or any part of the BitLove Inc Network, including FetLife, at any time, for any or no reason, with or without prior notice, and without liability.

 

10. DISCLAIMER OF WARRANTIES

THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, BitLove DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, BitLove Inc DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. BitLove SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BitLove DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. BitLove DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. BitLove DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. BitLove MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY BitLove

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

 

11. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL BitLove OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF BitLove OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, FetLife. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF PROFILES, ARIST PAGES OR OTHER CONTENT STORED THROUGHOUT FetLife.

UNDER NO CIRCUMSTANCES SHALL BitLove OR ITS LICENSORS 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, INTERNET FAILURES, COMPUTER EQUIPMENT 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.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

 

12. DISCLAIMER REGARDING THIRD PARTY CONTENT

FetLife offers access to numerous third party web pages and content available over the Internet. In overwhelming majority instances, including, but not limited to, sites contained within a directory of links, BitLove has no control whatsoever over the content of such sites. In other instances, including, but not limited to, web pages hosted on FetLife or provided to FetLife by third parties, BitLove may set guidelines for what may appear on such web pages and may engage in certain screening, but generally exercises no control over the content of such web pages and is unable to police all such content. Third party content accessible through FetLife from such sources is developed by people over whom FetLife exercises no control. Similarly, content hosted by FetLife which is posted by third parties, and, with the exception of certain random screening functions, BitLove cannot and does not screen such web pages before they are made accessible to other users of FetLife. Accordingly, neither BitLove nor its licensors assume any responsibility for the content of any site linked to the FetLife web site or in any web page hosted for a third party within FetLife web site. In instances where FetLife does review the sites that are displayed in directories, indices, and/or references, or where FetLife makes available directories, indices, and/or references of sites compiled by third parties, the content located at such sites was developed third parties, and review of such sites by BitLove, if any, is narrowly limited to that which is necessary for compiling the particular set of links.

 

13. STORAGE

Many features of FetLife store information on behalf of users. Examples include, but are not limited to chat, Profiles and postings. BitLove Inc reserves the right, in its sole discretion, to limit the amount of storage space available per user or to delete materials stored for an excessive period while the user’s account has been inactive.

 

14. ADVERTISERS AND CONTENT LINKED TO THE FETLIFE NETWORK

BitLove and the FetLife Companies may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave FetLife to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. BitLove have no control over such sites and resources. You acknowledge and agree that BitLove are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that BitLove shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the FetLife Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that BitLove shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.

 

15. NO LICENSE; INTELLECTUAL PROPERTY OF FETLIFE AND OTHERS

Except as expressly provided, nothing within any of the Products and Services shall be construed as conferring any license under any of BitLove's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate FetLife and the Products and Services is protected by copyright, trademark, patent, or other proprietary rights of BitLove and its affiliates, licensors (including, without limitation, Artists), and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by BitLove in connection with the Products and Services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by BitLove, any of BitLove’s affiliates, or any of BitLove’s service providers. You agree not to use any of the trademarks or service marks or other Content accessible through FetLife for any purpose other than the purpose for which such Content is made available to users by BitLove You agree not to defame or disparage BitLove, the trademarks or service marks of BitLove, or any aspect of the Products and Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Products and Services or any software or programs used in connection with the Products and Services or FetLife.

In order to maintain the privacy and security of your user profile, you hereby grant BitLove a limited, non-exclusive, worldwide, royalty-free license to any and all copyrightable content posted by you on or through FetLife thereby granting BitLove or its affiliates and assigns the right and authority to enforce your DMCA and any and all intellectual property rights against alleged infringers at your request.  This provision does not constitute in any way a partnership, joint venture or any other fiduciary relationship between you and BitLove  Further, BitLovedoes not warrant or guarantee that it can or will enforce your intellectual property rights against alleged infringers.  BitLovereserves the right through this limited license to enforce your rights at your request, however, it remains the sole and primary responsibility of each member, the Content creator and owner, to police and enforce your rights against alleged infringers.

16. LINKING TO FETLIFE; USE OF LOGO

FetLife offers a non-assignable, non-transferable, and non-exclusive license to link to FetLife web sites, using FetLife logos, subject to the following provisions. FetLife logos may be placed on a Web site for the sole purpose of creating a link to FetLife and allowing users of your site to access the Products and Services on FetLife. FetLife logos may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by FetLife. FetLife logos may only be used in accordance with the BitLove Trademark Usage Guidelines, and may only be used in the exact size, shape, colors, design, and configuration as found on such web page. FetLife logos may not be altered in any manner. FetLife logos must appear by themselves, with reasonable spacing (at least the height of the logo) between each side of the applicable logo and other graphic or textual elements. FetLife logos may not be used to disparage FetLife, its products or services, or in a manner which, in BitLove’s reasonable judgment, may diminish or otherwise damage BitLove’s good will in FetLife logos. By using any such BitLove Network logo, you acknowledge that FetLife has exclusive rights to the logo, and that all good will generated through your use of the logo will inure to the benefit of FetLife. If you use FetLife logos, you must include appropriate attribution, for example: “FetLife® is a registered trademark of BitLove” BitLove reserves the right to revoke this license or to alter its terms from time to time, for any or no reason, with or without notice. BitLove reserves the right to take action against any use that does not conform to these provisions.

 

17. INDEMNITY AND RELEASE

By using the FetLife web site you agree to indemnify BitLove, and their officers, employees, volunteers and licensors, and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the FetLife web site, your use of the Products and Services, or your submission of ideas and/or related materials to BitLove or from any person's use of any account or password you maintain with FetLife, regardless of whether such use is authorized by you. By using FetLife, using the Products and Services, or submitting any ideas and/or related materials to BitLove Inc, you are hereby agreeing to release BitLove and its parents, subsidiaries, affiliates, officers, employees, volunteers, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to BitLove YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES.

 

18. LIMITATION OF ACTIONS

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of FetLife or the Products and Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.

 

19. COPYRIGHT, TRADEMARK, AND PATENT NOTICES

All other marks that appear throughout the Products and Services belong to BitLove or the respective owners of such marks, and are protected by Canadian, U.S. and international copyright and trademark laws. Any use of any of the marks appearing throughout the Products and Services without the express written consent of BitLove or the owner of the mark, as appropriate, is strictly prohibited. BitLove may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave FetLife to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. BitLove  have no control over such sites and resources. You acknowledge and agree that BitLove are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that BitLove shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the FetLife Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that BitLove shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.

 

20. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS

BitLove respects the intellectual property of others. It is BitLove's policy to respond expeditiously to claims of copyright and other intellectual property infringement. BitLove will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, BitLove may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. BitLove will terminate access for users who are repeat infringers.

Notifying BitLove of Copyright Infringement: To provide BitLove notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." care of report@fetlife.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

Providing BitLove with Counter-Notification: If you feel that your material does not constitute infringement, you may provide BitLove with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at report@fetlife.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of legal counsel.

 

21. ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES

Unless expressly stated to the contrary elsewhere within the Products and Services, all legal issues arising from or related to the use of the Products and Services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of British Columbia, Canada applicable to contracts entered into and wholly to be performed within said province. Any controversy or claim arising out of or relating to these Terms and Conditions or any user's use of the Products and Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Arbitration and Mediation Institute of Canada. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Vancouver, British Columbia, and judgment on the arbitration award may be entered into in any provincial or federal court in British Columbia having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any provincial or federal court in British Columbia having jurisdiction thereof. Except as set forth above, the provincial and federal courts of British Columbia shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user's use of the Products and Services. By using the Products and Services and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the provincial and federal courts in British Columbia with respect to all such disputes.

 

22. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES

BitLove reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. BitLove reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.

 

23. MERGER

These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersede any other agreements, proposals and communications, written or oral, between BitLove’s representations and you with respect to the subject matter hereof; except that any other terms and conditions located on any individual BitLove web site or in connection with the Products and Services are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular web site and any Products or Services available on or through the web site or the respective Product or Service at which those other provisions may be found.

 

24. NON-WAIVER AND SEPARABILITY

BitLove’s failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect.

 

25. RELATIONSHIP OF PARTIES

You acknowledge and agree that you and BitLove are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.

 

26. NO RESALE, ASSIGNMENT, OR SUBLICENSING

You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorization of BitLove

 

27. SUCCESSORS AND ASSIGNS

Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.

 

28. TERMINATION; SURVIVAL

These Terms and Conditions shall continue in effect for as long as you use the Products and Services, unless specifically terminated earlier by BitLove All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions.

 

29. COMMUNICATIONS WITH USERS

You consent to receive communications from BitLove concerning your use of the Products and Services ("Communications"). The Communications may be those that BitLove is required to send to you by law concerning the Products and Services ("Required Communications"). The Communications may also be those that BitLove sends to you for other reasons. You consent to receive Communications electronically. BitLove may provide these Communications to you by sending an email to the email address you provided in connection with your account or by posting the Communication on FetLife. You may change the email address to which BitLove sends Communications by visiting your account information page.

In order to receive Required Communications, you must provide BitLove, upon registration with FetLife, a valid email address to which BitLove may send electronic mail.

 

30. SUBMISSIONS OF IDEAS

FetLife is always improving its Products and Services and developing new features. If you have ideas regarding improvements or additions to FetLife, we would like to hear them -- but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO FetLife BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO BitLove, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO BitLove THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT PROTOSE INC IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY BitLove, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

 

31. EXPORT CONTROLS

Certain software, and related documentation or technical information, available through FetLife is subject to applicable laws and regulations of the United States pertaining to export controls. By using such software or related documentation or technical information, you represent and warrant that you are not located in, or under the control of, or a national or resident of any embargoed country or any country on the Canadian or U.S. Department of Commerce's Table of Denial Orders. You agree not to export or re-export such software or related documentation or technical information directly or indirectly to any countries that are subject to Canadian and United States export restrictions.

 

32. VIOLATIONS OF TERMS AND CONDITIONS

Should you violate these Terms and Conditions or any other rights of BitLove, BitLove reserve the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all BitLove properties.

If you are aware of any violations of these Terms and Conditions, please report them to: report@fetlife.com

Please read the entire Terms and Conditions, as all BitLove properties, Products and Services are offered subject to these Terms and Conditions.

last updated
January 14, 2014

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