TERMS OF USE
Effective Date: 1.4. 2015
1. Preamble and General Principles
A. These terms of use describe the code of conduct that S&M Project (located at Praha 9, K Rukavickarne 978, 190 14), and all of its properties operated under this name, hereinafter known as “S&M,” requires of all end-users of S&M´s Internet services (the “Services”) – those who access some of our Services but do not have accounts (“Visitors”) as well as those who pay fees to gain access to the Services (“Members”) – information and guidelines relating to Visitor and Member (“User”) participation within S&M´s online communities, and the consequences of any user misconduct within them. S&M requests that you read these terms and conditions carefully.
B. Your use of S&M´s services and/or order of products through S&M´s websites constitute your acceptance of these Terms of Use. If you do not agree to abide by these Terms, you are not permitted to access S&M´s services or order products.
C. S&M´s services contain materials of an adult, sexually explicit nature. You agree and affirm that you are not offended by adult, sexually explicit materials and wish to view such materials.
D. You agree and affirm that you are of legal age (18 years or more) to purchase adult, sexually explicit materials in your jurisdiction. You agree and affirm that you are accessing and viewing S&M´s services from a location and jurisdiction where the access and use of these adult, sexually explicit materials is not prohibited by law. You agree and affirm that you will not make the products purchased from or otherwise accessed by you from S&M or its related websites available to minors or to any person that does not wish to view adult, sexually explicit materials. You agree and affirm that the products you purchase are for use and viewing in the privacy of your own home and will not be used for public display or be made available for public display.
E. S&M does not make any warranties as to fitness for any particular use nor does S&M make any warranties as to the accuracy of descriptions of the products.
F. The text, images, graphics, logos, illustrations, icons, data, scripts, programs, software, videos and other materials that are shown on S&M´s websites, delivered to you or otherwise made available through S&M´s services are copyrighted by S&M and/or the respective intellectual property owner. You agree not to duplicate, upload, distribute, reproduce, modify, display, post, transmit, sell or otherwise exploit or share the materials, videos, and other intellectual property from S&M or third party providers. All content is copyrighted and protected under Czech Republic and international copyright law. You are granted a limited license to view the content of the products and S&M in the privacy of your own home only, and for personal use only. This limited license terminates if you breach any of these Terms.
G. Your use of S&M´s services is at your own risk. S&M´s disclaims all warranties, express or implied, or any kind. S&M´s makes no representations, guarantees or warranties as to the quality, accuracy, suitability, truth or completeness of any portion of this website or any materials or information made available through S&M´s services. Any references to any real person, living or dead, are purely coincidental. S&M and its suppliers are not liable for the accuracy or completeness of any of the materials available through S&M´s services.
H. S&M makes no guarantee that the services will operate in any certain way or on any particular platform, software, browser, or hardware. S&M makes no guarantee that the materials are acceptable or legally viewable in any jurisdiction or that the materials will meet your expectations or satisfaction. Any use of S&M services is at your own risk and you are solely responsible for any damage to your computer hardware or software or loss of data that occurs during your use of the website regardless of fault, including damage or loss due to viruses, Trojans, or other malware.
I. To the extent allowable, S&M is not liable for any direct, indirect, incidental, consequential, punitive, exemplary or consequential damages that may occur from your use of S&M´s services or any purchase, use or viewing of the materials available on these websites, including but not limited to loss of use, loss of profits, revenue, data, or any other loss you may incur however caused and regardless of fault.
J. You are solely responsible for adequate protection and backup of your hardware, software, data, and equipment used to view this website or access S&M´s services.
K. S&M respects your desire for privacy. Our privacy policy is linked to from the bottom of Smproject.org website home page. By using S&M´s services, you are consenting to our use of your information according to the privacy policy in place at the time you use the website. S&M may store your information and information regarding your use of S&M´s services indefinitely. You may be redirected to third party websites, including third party billing companies, during your use of S&M´s services. Information that you provide to any third party website is subject to the privacy policy of those websites. You should read and understand the privacy policies of each website before using S&M´s services or entering any information.
L. You are not permitted to violate the security of S&M´s services or access or attempt to access any data not intended for users of S&M services. You are not permitted to access or log onto any server or account without specific authorization to do so. You are not authorized to scan, probe or test the vulnerability of S&M services, websites, servers, or account security or authentication procedures. You are not permitted to interfere with the operation of S&M´s services or its servers. You are not permitted to submit or attempt to submit viruses, Trojans, or malware of any kind. You are not permitted to attempt to overload, flood, spam, mailbomb, or crash the website or servers. You are not permitted to access any part of this website or its servers other than access granted to ordinary users. Violation of these conditions will result in termination of your authorization to use S&M´s services and may result in civil liability or criminal investigation. S&M will cooperate with law enforcement investigators to determine if criminal activity has occurred and cooperate with any prosecution. Notwithstanding other remedies, and without waiving any right to any other remedies.
M. These Terms constitute the entire agreement between you and S&M and govern your use of S&M´s services, superseding any prior agreements, written, oral, or otherwise, including, but not limited to, prior terms of use. You may not assign or transfer your user name, password, rights, or login information to any other party.
N. Any breach of these Terms could result in harm to properties for which monetary damages would be an inadequate remedy, and therefore, in addition to the remedies otherwise available, including monetary damages, S&M will be entitled to equitable relief, including but not limited to injunction, costs, and attorney’s fees associated with S&M enforcing its rights against you.
O. You agree to subject yourself to the personal jurisdiction, laws and courts of Czech Republic, in the event of a suspected breach of these Terms.
P. You agree to abide by all laws, including international import and export laws and to refrain from using S&M´s services or purchasing products that may be in violation of any laws.
Q. The failure of S&M to enforce any of these Terms does not constitute a waiver thereof. If any of these Terms is held to be unenforceable or invalid, you agree that the remaining Terms continue to be binding and enforceable.
R. S&M, in its sole discretion, may terminate your use and access of its services at any time and for any reason, or no reason if it believes you have violated any of the terms of use. Any termination may occur without notice to you and S&M may immediately deactivate or delete your account. S&M will not be liable to you or any third party for any reason upon termination of your account.
Revisions to this Policy
. A. You agree that these Terms may be modified or amended at any time and in any manner, and that you accept the updated Terms at the time they are published on this website. Each time you use S&M´s services you agree to the Terms as published. You should periodically check for any modifications of these Terms by re-visiting this web page and using the “refresh” button on the user’s browser. You should note the date of last revision to these Terms, which appears at the top of this page. If the “last modified” date remains unchanged after the user has clicked the “refresh” button on his/her browser, the user may presume that no changes have been made since the last reading of the Terms. A changed “last modified” date indicates that these Terms have been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.