BDSM Harbour

Terms & Conditions

1. Acceptance

By using and/or visiting the BDSM Harbour website (collectively, including but not limited to all Content, Uploads and User Submissions available through bdsmharbour.cc, "BDSM Harbour," the website) you agree to the terms and conditions contained herein and the terms and conditions of BDSM Harbour's privacy policy incorporated herein, and all future amendments and modifications (collectively referred to as the "Agreement"). By entering, you agree to be bound by these terms and conditions. If you do not agree to be bound by the terms and conditions contained herein, then do not use bdsmharbour.cc.

The terms and conditions of this Agreement are subject to change by BDSM Harbour at any time in its sole discretion and you agree to be bound by all modifications, changes and/or revisions. If you do not accept to be bound by any and all modifications, changes and/or revisions of this agreement, you may not use bdsmharbour.cc.

The terms and conditions contained herein apply to all users of BDSM Harbour whether a "visitor" or a "member," and you are only authorized to use bdsmharbour.cc if you agree to abide by all applicable laws and be legally bound by the terms and conditions of this Agreement.

2. Description

The BDSM Harbour website allows for uploading, sharing and general viewing of various types of content, allowing registered and unregistered users to share and view visual depictions of adult content, including sexually explicit images. In addition, BDSM Harbour contains video content, information and other materials posted/uploaded by users. BDSM Harbour allows its users to view the Content and Website subject to the terms and conditions of this Agreement.

The BDSM Harbour website may also contain certain links to third-party websites which are in no way owned or controlled by BDSM Harbour. BDSM Harbour assumes no responsibility for the content, privacy policies, or practices of any and all third-party websites. BDSM Harbour cannot censor or edit the content of third-party sites. You acknowledge that BDSM Harbour will not be liable for any and all liability arising from your use of any third-party website.

BDSM Harbour is for your personal use and shall not be used for any commercial endeavor except those specifically endorsed or approved by BDSM Harbour. Any illegal and/or unauthorized use of BDSM Harbour is prohibited, including but not limited to collecting usernames and e-mail addresses for sending unsolicited emails, or unauthorized framing of or linking to the BDSM Harbour website.

3. Access

In order to use this website, you affirm that you are at least eighteen (18) years of age and/or over the age of majority in the jurisdiction you reside in and from which you access the website, where the age of majority is greater than eighteen (18) years of age. If you are under the age of 18 and/or under the age of majority in the jurisdiction you reside in and from which you access the website, then you are not permitted to use the website.

4. Conduct

You acknowledge and agree that you shall be responsible for your own user submissions and the consequences of posting, uploading, publishing, transmitting or otherwise making them available on BDSM Harbour. You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on BDSM Harbour content which is illegal, unlawful, harassing, harmful, threatening, tortious, abusive, defamatory, obscene, libelous, invasive of one's privacy including but not limited to personal information, hateful, or racial. You also agree that you shall not post, upload, publish, transmit or make available in any way on BDSM Harbour software containing viruses or any other computer code, files, or programs designed to destroy, interrupt, limit the functionality of, or monitor, or persistently reside in or on any computer software or hardware or telecommunications equipment. You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on BDSM Harbour content which intentionally or unintentionally violates any applicable local, state, national, or international law, or any regulations or laws having the force of law where you reside and elsewhere, including but not limited to any laws or regulations relating to securities, privacy, and export control. You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on BDSM Harbour content depicting illegal activities, promote or depict physical harm or injury against any group or individual, or promote or depict any act of cruelty to animals. You agree not to use BDSM Harbour in any way that exposes BDSM Harbour to criminal or civil liability.

You agree that BDSM Harbour shall have the right to determine, in its sole and unfettered discretion, what action shall be taken in the event of any discovered or reported violation of the terms and conditions contained herein.

5. Intellectual Property

The Content contained on BDSM Harbour, with the exception of User Submissions — including but not limited to the text, software, scripts, graphics, music, videos, photos, sounds, interactive features, and trademarks, service marks and logos contained therein — are owned by and/or licensed to BDSM Harbour, subject to copyright and other intellectual property rights under applicable laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of the respective owners. BDSM Harbour reserves all rights not expressly granted in and to the Website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, and/or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to disable, circumvent, or otherwise interfere with security-related features of BDSM Harbour or features that prevent or restrict use or copying of any Content or enforce limitations on use of the BDSM Harbour website or the Content therein.

6. User Submissions

BDSM Harbour permits the submission of video and other communications and the hosting, sharing and publishing of such user submissions. You understand that whether or not such User Submissions are published and/or uploaded, BDSM Harbour does not guarantee any confidentiality with respect to any submissions.

BDSM Harbour allows/permits you to link to materials on the Website for personal, non-commercial purposes only. Moreover, where BDSM Harbour provides an "Embeddable Player" feature, you may incorporate it into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the BDSM Harbour website on the pages containing the Embeddable Player. BDSM Harbour reserves the right to discontinue any aspect of the BDSM Harbour website at any time. In addition, you may not modify, build upon, or block any portion of the Embeddable Player in any way.

You shall be solely responsible for any and all of your own User Submissions and the consequences of posting, uploading and publishing them. Furthermore, with User Submissions, you affirm, represent and/or warrant that you own or retain the necessary licenses, rights, consents, and permissions to use and authorize BDSM Harbour to use all trademarks, copyrights, trade secrets, patents, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; that you will not post, or allow anyone else to post, any material that depicts any person under the age of 18 years, and that you have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submissions are, in fact, over the age of 18 years. You have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. By submitting User Submissions to BDSM Harbour, you hereby grant BDSM Harbour a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the BDSM Harbour website and BDSM Harbour's (and its successors') business, including without limitation for promoting and redistributing part or all of the BDSM Harbour website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the BDSM Harbour website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the BDSM Harbour website.

In submitting material (video or other communication), you further agree that you shall not:

  • submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant BDSM Harbour all of the license rights granted herein;
  • publish falsehoods or misrepresentations that could damage BDSM Harbour or any third party;
  • submit material that is obscene, illegal, unlawful, defamatory, libelous, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
  • post advertisements or solicitations of business;
  • impersonate another person.

BDSM Harbour does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and BDSM Harbour expressly disclaims any and all liability in connection with User Submissions. BDSM Harbour does not permit copyright-infringing activities or infringement of intellectual property rights on its Website, and BDSM Harbour will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. BDSM Harbour reserves the right to remove Content and User Submissions without prior notice or delay. BDSM Harbour will also terminate a user's access to its Website if they are determined to be an infringer. While pornographic and adult content are accepted, BDSM Harbour also reserves the right to decide, in its sole and unfettered discretion, whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material, or excessive length. BDSM Harbour may remove such User Submissions and/or terminate a user's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

You understand and acknowledge that when using bdsmharbour.cc, you will be exposed to User Submissions from a variety of sources, and that BDSM Harbour is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against BDSM Harbour with respect thereto, and agree to indemnify and hold BDSM Harbour, its owners, affiliates, operators, and/or licensors harmless to the fullest extent allowed by law regarding all matters related to your use of the website.

You agree that BDSM Harbour may, at its sole discretion, have the right to refuse to publish, remove, or block access to any User Submission that is available via the Website or other BDSM Harbour network or services at any time, for any reason, or for no reason at all, with or without notice.

BDSM Harbour provides its website as a service to its users. However, BDSM Harbour assumes no responsibility whatsoever for monitoring the BDSM Harbour services for inappropriate content or conduct. If at any time BDSM Harbour chooses, in its sole discretion, to monitor the BDSM Harbour services, BDSM Harbour nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content. BDSM Harbour may review and delete any User Submissions that, in its sole judgment, violate this Agreement or may be otherwise offensive or illegal, or violate the rights, harm, or threaten the safety of any user or person not associated with the Website (collectively "Inappropriate User Submissions"). You are solely responsible for the User Submissions that you make visible on the Website or to any third-party website via an embedded player provided by the Website, or any other material or information that you transmit or share with other users or unrelated third parties via the Website.

You further understand, acknowledge, agree and specifically authorize BDSM Harbour to use, reuse, post, publish or upload any User Submissions on any other website owned or controlled by BDSM Harbour, or on any website with which BDSM Harbour has an agreement with respect to User Submissions content or sponsor-uploaded video. In addition, User Submission is deemed to include any sponsored or otherwise branded uploaded video. BDSM Harbour reserves the right to determine, at its discretion, on what basis a User Submission or an uploaded video might be shared with other websites (rating, number of views, user reviews, etc.).

7. Account Termination Policy

A user's access to BDSM Harbour will be terminated if, under appropriate conditions, the user is determined to infringe repeatedly. BDSM Harbour reserves the right to decide whether Content or a user's Submission is appropriate and complies with these Terms and Conditions with regard to violations other than copyright infringement or privacy law, such as, but not limited to, hate crimes, obscene or defamatory material, or excessive length. BDSM Harbour may remove such User Submissions and/or terminate a user's access for uploading such material in violation of these Terms and Conditions at any time, without prior notice and at its sole discretion.

8. Policy

BDSM Harbour abides by a ZERO TOLERANCE policy relating to any illegal content. Child pornography, bestiality, rape, torture, snuff, death and/or any other type of obscene and/or illegal material shall not be tolerated by BDSM Harbour. BDSM Harbour does not condone child pornography and will cooperate with all governmental agencies that seek those who produce child pornography.

9. Fees

You acknowledge that BDSM Harbour reserves the right to charge for BDSM Harbour services and to change its fees from time to time in its discretion. Furthermore, in the event BDSM Harbour terminates your rights to use the website because of a breach of this Agreement, you shall not be entitled to a refund of any unused portion of subscription fees.

10. Warranties

You represent and warrant that all of the information provided by you to BDSM Harbour to participate in the BDSM Harbour website is accurate and current, and that you have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of you hereunder.

As a condition of using BDSM Harbour, you must agree to the terms of BDSM Harbour's privacy policy and its modifications. You acknowledge and agree that the technical processing and transmission of the Website, including your User Submissions, may involve transmissions over various networks, and 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 BDSM Harbour with regard to its users may be disclosed in accordance with the BDSM Harbour Privacy Policy.

11. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE BDSM HARBOUR WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BDSM HARBOUR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. BDSM HARBOUR MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BDSM HARBOUR WEBSITE. BDSM HARBOUR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BDSM HARBOUR WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BDSM HARBOUR WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BDSM HARBOUR SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

12. Limitation of Liability

IN NO EVENT SHALL BDSM HARBOUR, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BDSM HARBOUR WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BDSM HARBOUR SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

13. Indemnity

You agree to defend, indemnify and hold harmless BDSM Harbour, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

  • your use of and access to the BDSM Harbour website;
  • your violation of any term of these Terms of Service;
  • your violation of any third-party right, including without limitation any copyright, property, or privacy right; or
  • any claim that one of your User Submissions caused damage to a third party.

This defense and indemnification obligation will survive these Terms of Service and your use of the BDSM Harbour website.

You affirm that you are either more than 18 years of age or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms and Conditions contained herein.

14. Assignment

The Terms and Conditions contained herein, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BDSM Harbour without restriction.

If any term, clause or provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision, and such invalid term, clause or provision shall be deemed to be severed from this Agreement.

This text is adapted boilerplate, not custom-drafted for BDSM Harbour specifically — have it reviewed by a lawyer before going live, particularly sections 6, 9, 11, and 12.