Terms and Conditions
kinkyconsent.co.uk (the “website and all content”) is operated by Sunkat Ltd, a UK-based company Registration number 09396152 Registered address unit 1 Ronkswood Hill, Worcester WR4 9ER on behalf of Kinky Consent
It is important to us that your website experience is a good one and that, when you use the Website, you understand your legal rights and obligations.
Section 230(d) Notice: In accordance with 47 U.S.C. 230(d), you are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching “parental control protection” or similar terms. Minors prohibited.
The Website may contain, or direct you to websites containing, adult oriented content and is not intended for minors. Only adults (1) who are at least 18-years old and (2) who have reached the age of majority where they live may access the Website. We forbid all persons who do not meet these age requirements from accessing the Website. If minors have access to your computer, please restrain their access to sexually explicit material by using any of the following products, which we provide for informational purposes only and do not endorse: CYBERsitter™| Net Nanny®| CyberPatrol| ASACP.
Child Pornography prohibited. We prohibit pornographic content involving minors. We only allow visual media of consenting adults for consenting adults on the Website. If you see any visual media, real or simulated, depicting minors engaged in sexual activity within the Website, please report this to us firstname.lastname@example.org Please include with your report all appropriate evidence, including the date and time of identification. We will promptly investigate all reports and take appropriate action. We fully cooperate with any law-enforcement agency investigating child pornography
1.1 The Website provides access to content created by performers that is adult oriented in nature. By accessing the Website, you may see graphic depictions, nudity, adult language, and descriptions of explicit sexual activity, including BDSM heterosexual, bisexual, homosexual, and transsexual situations of a sexual nature. Access and registration to the Website is free.
1.3 We may change these terms on one or more occasions by updating this webpage. The top of the terms will tell you when we last updated them. Changes will take effect on the “last updated” date stated on the top of this webpage. Changes will not operate retroactively. We will try to notify you when we change these terms if we can do so in a reasonable manner. But you should frequently check this webpage to make sure that you are operating under the most current version of the terms. We will consider your continued use of the Website after we post the changes as your acceptance of the changes even if you do not read them. If you do not agree to the changes your sole remedy is to stop accessing The Website.
1.4 If you have any questions please email us at email@example.com
2. Eligibility Requirements
2.1 The Website contains uncensored sexually explicit material unsuitable for minors. Only adults who are at least 18-years old and (2) who have reached the age of majority where they live may access the Website. If you do not meet these age requirements, you must not access the Website.
2.2 By accessing the Website, you state that the following facts are accurate:
(a)You are at least 18-years old, have reached the age of majority where you live,
and you have the legal capacity to agree to these terms;
(b)All information you provided to us is accurate, and you will promptly update this information when necessary to make sure that it remains accurate;
(c)You own the credit/Debit card you pay with and authorise us (or our authorised payment processing agent) to charge your credit card for the content you purchase;
(d)You are aware of the adult nature of the content available on the Website, and you are not offended by content of this nature;
(e)You are familiar with your jurisdiction’s laws affecting your right to access adult oriented materials;
(f)You have the legal right to access adult oriented materials, and we have the legal right to transmit them to you;
(g)You are voluntarily requesting adult orientated materials for your own private use.
h)You will not share these materials with a minor or otherwise make them available to a minor; and By logging on, you will have released and discharged the providers, owners, and creators of the Website from all liability that may arise.
3.Intellectual Property Rights
3.1 Ownership of Website
(a) We own or have a license to use:
(I) the Website, including its past, present, and future versions;
(ii) all webpages found within the Website;
(iii) all the material and information on the Website;
(iv) all graphics, text, images, audio, videos, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any copyrightable material (including source and object code), and all other materials, including the design, structure, “look and feel,” and arrangement of the content contained on the Website; and
(v) all trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, regardless of registration, contained on the Website unless explicitly marked.
(b) Intellectual property laws, including copyright, patent, service mark, trademark, trade dress, trade secret, international treatises, and various other intellectual property and unfair competition laws protect the Website and its content. In using the Website or the content, you will comply with all governing intellectual property laws, and any specific notices contained on The Website.
(a)The names, logos, domain names are the trademarks of Kinky Consent , and must not be copied, imitated, or used, in whole or in part, without the Kinky Consent ’s advance written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and trade dress of Kinky Consent , and must not be copied, imitated or used, in whole or in part, without Kinky Consent 's advance written permission.
(b) Other names of actual companies, products, or services mentioned on the Website may be the trademarks of their respective owners and reference to them does not suggest sponsorship, endorsement, or association by or with the Kinky Consent , or that those owners endorse or have any affiliation with the Website. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any marks displayed on the Website, meta tags, or any other “hidden text” using marks that belong to Kinky Consent and its licensors, without advanced written permission from Kinky Consent or the third party who may own the mark.
3.3 License Grant
We hereby grant you a non exclusive, non transferable, non sublicensable license to access the Website and its content for your personal and non commercial use in accordance with these terms. By “access,” we mean visit the Website, use its services, and view or download its content. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations.
3.4 License Restrictions
a) The license granted in section 3.3 does not include any of the following:
(i) resale or commercial use of the Website;
(ii) distribution, public performance, or public display of the Website or the content;
(iii) changing or otherwise making any derivative uses of the Website and the
content, or any part of the Website or the content, unless we specifically authorize
change or derivative use in a separate written agreement with you;
(iv) use of any data mining, robots, or similar gathering or extraction methods;
(v) downloading (other than webpage caching) any portion of the Website or the
content except as permitted on the Website; or
(vi) any other use of the Website or the content other than for its intended purpose.
(b) Your license to access the Website does not transfer ownership of or title to a copy of any content that you view or print, and we only authorize you to use your copy in accordance with these terms. If you download or print a copy of the content for your personal use, you must retain all copyright and other proprietary notices embedded in the content. Any use of the Website or the content except as authorised by these terms will terminate the license granted here. Unauthorised use of the Website or the content may also violate intellectual property laws or other laws. Unless stated here, nothing in these terms should be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. We may revoke this license at anytime.
4. Your Account
Account Creation To take advantage of all the Website has to offer, you may have to register. Registration is free and for a single user only. To register, you must complete the registration process by providing us with accurate information as prompted by the registration form. You also will choose a password and username.
4.2 Responsibility for Account
You are responsible for maintaining the confidentiality of your password and account. Further, you are responsible for all activities that occur under your account. You will promptly notify us of any unauthorized use of your account or any other breach of security.
4.3 Liability for Account Misuse. We will not be liable for any loss that may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by us or another person due to someone else using your account or password.
4.4 Use of Other Accounts. You will not use anyone else’s account at any time.
4.5 Account Security. We care about the integrity and security of your personal information. But we cannot guarantee that unauthorized third parties will never be able to defeat the Website’s security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.
5. Paid Services
5.1 Purchases. The Website offers you the ability to purchase content. You can purchase content without registering for an account. Pricing is determined by the performer. It is your responsibility to check the price before making a purchase. Pricing excludes any taxes or currency transmission charges, which are extra costs charged to you.
5.2 No Recurring Billing
All purchases are one-time charges, meaning we will not charge you again unless you make another purchase. We do not use recurring charges or use other deceptive billing practices.
5.3 Billing Disputes
If you believe that the Sunkat Ltd. has charged you in error, you must notify the Sunkat Ltd. in writing no later than 30 days after you receive the billing statement in which the error first appeared. If you fail to notify Sunkat Ltd. in writing of a dispute within this 30-day period, you waive any disputed charges.
You must submit any billing disputes to firstname.lastname@example.org and include a detailed statement describing the nature and amount of the disputed charges. Sunkat Ltd. will correct any mistakes in a bill and credit them against your future purchases or provide a refund.
5.4 Charge backs.
You are liable to Sunkat Ltd. for any credit card chargebacks or related fees that Sunkat Ltd. incurs on your account.
Where a suitable solution cannot be found to remedy transaction errors. A refund maybe made at the discretion of Sunkat Ltd.
6.1 You are solely responsible for all acts and omissions that occur because of your use of the Website. You must comply with all laws and regulations of any governmental body that apply to your access to the Website and its content, including laws relating to the Internet, data, email, privacy, or the sending of technical data exported from the country you live.
6.2 You must not engage in any of the following prohibited activities: (a) copying, distributing, or disclosing any part of the Website in any medium, including by any automated or non-automated “scraping;”
(b) recording or rebroadcasting any content;
(c) using the Website to infringe the intellectual-property rights of another person;
(d) using any automated system, including “robots,” “spiders,” “offline readers,” etc., to access the Website;
(e) transmitting spam, chain letters, or other unsolicited email;
(f) using the Website to submit, publish, display, disseminate, or otherwise communicate any defamatory, libellous, inaccurate, abusive, harmful, threatening, obscene, offensive, hateful, discriminatory, infringing, or illegal material to any other user of the Website or to any other person;
(g) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Website;
(h) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on the Website infrastructure;
(I) uploading invalid data, viruses, Trojan horses, worms, or other software agents through the Website;
(j) collecting or harvesting any personally identifiable information, including account names, from the Website;
(k) Using the website for any commercial solicitation purposes, including soliciting any users or performers for similar services or for prostitution. You agree not to solicit or exchange any personal contact information, solicit the arrangement of any in person meet ups, receive or distribute any funds in exchange for services rendered outside of the site;
(l) using the Website to engage in false or deceptive advertising or trade practices;
(m) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
(n) interfering with the proper working of the Website;
(o) attacking the Website via a denial-of-service (DoS) attack or a distributed denial of service attack (DDoS);
(p) bypassing the security measures we may use to prevent or restrict access to the Website, including features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content located on it; or
(q) using the Website for any unlawful purpose or in any way that is prohibited by these terms or that exposes us to civil or criminal liability.
6.3 Unauthorized use of the Website or the content may also violate various laws, including copyright and trademark laws, the laws of privacy and publicity, and communications regulations and statutes. We will take appropriate action against you for any unauthorised use of the Website or the content, including civil, criminal, injunctive relief, and termination of your access or registration.
The Website may contain links to third-party websites or resources. You acknowledge that we are not responsible or liable for: (1) the availability or accuracy of those websites or resources; or (2) the content, products, or services on or available from those websites or resources. Links to third-party websites or resources do not imply any endorsement by us of those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
8. Third Party Content
Through the Website, you will have the ability to access or use content provided by third parties. We cannot guarantee that third-party content will be free of material you may find objectionable or otherwise. We will not be liable to you for your access or use of any third-party content.
9. Reliance on Information Posted
9.1 We make the information presented on or through the Website available for general information purposes only. We are not making any warranty about the accuracy or usefulness of this information. Any reliance you place on this information is strictly at your own risk. We will not be liable for any reliance placed on these materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
9.2 The Website includes content provided by third parties, including materials provided by other users, third-party licensers, syndicators, or aggregators. All statements or opinions expressed in these materials, and all responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person providing these materials. These materials do not reflect the opinion of Sunkat Ltd. or Kinky Consent . Sunkat Ltd. will not be liable to you or any other person for the content or accuracy of any materials provided by any third parties.
10. No Endorsement
10.1 Sunkat Ltd. operates the Website as a neutral host, and the Sunkat Ltd. does not regularly monitor, regulate, or police the use of the Website by any of its participants. The participation in the Website by a visitor, user, model, studio, or other third party (collectively, the “participants”) does not constitute an endorsement by Sunkat Ltd. of that participant. Sunkat Ltd. is not responsible for the acts, omissions, agreements, promises, content, products, or other services, comments, opinions, advice, statements, offers, or information of any participant.
10.2 Participants are independent parties and Sunkat Ltd. does not, and will not, have any responsibility or liability for the acts, omissions, agreements, promises, comments, opinions, advice, statements, or offers of any participant.
12. Copyright Policy
12.1 We respect the intellectual property rights of others and expect users of the service to do the same. We will respond to notices of alleged copyright infringement that comply with law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please contact Sunkat Ltd. (email@example.com) immediately providing:
(a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
(b) identification of the copyrighted work claimed to have been infringed;
(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(d) your contact information, including your address, telephone number, and an email address;
(e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
12.2 It is our policy to terminate the user accounts of repeat infringers.
13.1 Termination on Notice. Either party may terminate this agreement at any time by notifying the other party.
13.2 Termination by Us. We may terminate or suspend your access to or ability to use the Website (or any part of it) promptly, without advance notice or liability, for any reason or no reason, including breach of this agreement. In particular, we may promptly terminate or suspend accounts that have been flagged for repeat copyright infringement.
13.3 Effect of Termination. On termination of your access to or ability to use the Website, will immediately end.
13.4 Survival of Provisions. This agreement’s provisions that by their nature should survive termination will survive termination, including ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Website will not relieve you of any obligations arising or accruing before termination or limit any liability that you otherwise may have to Sunkat Ltd. or any third party.
14. Changes to the Website; Availability
14.1 Although we may update the content on the Website on one or more occasions, the content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update that material. If you believe you have found errors or omissions on the Website, you can bring them to our attention by contacting Sunkat Ltd. at firstname.lastname@example.org
14.2 While we will try to make sure that the Website is always available, we do not guarantee continuous, uninterrupted, or secure access to the Website. Many factors or circumstances outside of our control may interfere with or adversely affect our operation of the Website.
15. Compliance with Law
Sunkat Ltd. is located in the United Kingdom. We are not making any statement that the Website or any of its content is accessible or appropriate outside of the United Kingdom. Access to the Website might not be legal by certain persons or in certain countries. If you access the Website from outside the United Kingdom, you do so on your own initiative and are responsible for complying with all local laws.
16.1 You acknowledge that we cannot and do not state that files available for downloading from the Internet or the Website will be free of viruses or other destructive code.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for keeping a means external to our Website for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denialof- service attack (DDoS), viruses, or other technologically harmful material that might infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.
16.2 Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. We provide the Website, its content, and any services or items obtained through the Website “as is,” “with all faults,” and “as available,” without making any warranties, either express or implied. We are not making any warranties (1) that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted;
(2) that defects will be corrected; (3) that our Website or the servers that makes it available are free of viruses or other harmful components; or (4) that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.
16.3 We are not making any warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, title, non-infringement, privacy, and fitness for particular purpose.
17. Limit on Liability; Release
17.1 We will not be liable to you for any of the following:
(a) Errors, mistakes, or inaccuracies of content;
(b) Personal injury or property damage resulting from your access to and use of the Website;
(c) Content or conduct that is infringing, inaccurate, obscene, indecent, offensive, threatening, harassing, defamatory, libellous, abusive, invasive of privacy, or illegal;
(d) Unauthorized access to or use of our servers and any personal or financial information stored in them, including unauthorized access or changes to your account, submissions, transmissions, or data;
(e) Interruption or cessation of transmission to or from the Website;
(f) Denial-of-service attack (DoS) or distributed denial-of-service attack(DDoS);
(g) Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through the Website by any person or that might infect your computer or affect your access to or use of the Website, your other services, hardware, or software
(h) Incompatibility between the Website and your other services, hardware, or software;
(I )Delays or failures you might experience in starting, conducting, or completing any transmissions to or transactions with the Website; or
(j) Loss or damage incurred because of the use of any content posted, emailed, sent, or otherwise made available through the Website.
17.2 You hereby release us from all liability arising out of user submissions or the conduct of other users or third parties, including disputes between you and one or more other users or third parties.
18. Exclusion of Damages; Exclusive Remedy
18.1 Unless caused by our gross negligence or our intentional misconduct, we will not be liable to you for any direct, indirect, special (including so-called consequential damages), statutory, punitive, or exemplary damages—regardless of theory of liability and even if you told us about the possibility of these damages or we knew or should have known about the possibility of these damages—arising out of or relating to your access or your inability to access the Website or the content.
18.2 We also will not be liable to you—regardless of theory of liability—for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your access of or your inability to access the Website or the content. This exclusion applies even if you told us about the possibility of these damages or we knew or should have known about the possibility of these damages.
18.3 If you are dissatisfied with the Website or have any other complaint, your exclusive remedy is to stop using the Website. Our maximum liability to you for any claim will not exceed £100.
19. Force Majeure
We are not responsible for any failure to perform if unforeseen circumstances or causes beyond our reasonable control delays or continues to delay our performance, including:
(a) Acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters;
(b) War, riot, arson, embargoes, acts of civil or military authority, or terrorism;
(c) Fiber cuts;
(d) Strikes, or shortages in transportation, facilities, fuel, energy, labour, or materials;
(e) Failure of the telecommunications or information services infrastructure; and
(f) Hacking, SPAM, or any failure of a computer, server, network, or software.
20. Grant of permission
In these terms, the following usages apply:
(a) Actions permitted under these terms may be taken at any time and on one or more occasions in the performer’s sole discretion.
(b) References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.
(c) References to numbered sections in these terms also refer to all included sections. For example, references to section 6 also refer to 6.1, 6.1(a),etc.
(d) References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.
(e) “A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The same construction applies to longer strings.
(f) “Including” means “including, but not limited to.”