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Our Legal Conditions

These are our Legal Terms and Conditions to use our services.

Welcome to a service of BirchPlace.com. (hereinafter referred to as "BirchPlace" or just "site"). You should read and agree to these terms and conditions before you may access or view our site. Please read them carefully, as by visiting or registering on the BirchPlace site, you are agreeing to the terms set forth here.

This Agreement is subject to change at any time, and changes are effective upon posting. Bookmark this page and check it, as it is up to you to refer to this page for any amendments to the original Agreement.

Accessing our site automatically deems you will comply with our Terms & Conditions.

This a web site designed for the enjoyment of responsible adults only, and we ask that children under 18 years of age DO NOT use (or have access to) our site in any way.

Please note that we do NOT tolerate any abuse in our chat rooms, message systems or profiles! Abuse includes sending racist or hurtful messages designed to intimidate, put-down or harrass other users. If you behave like a troll or cretin towards others, you will be removed from our site without warning.

We have a zero-tolerance policy on anyone who threatens violence, abuse or threats in any form against another user. You have been warned. Our Legal Notices and Terms & Conditions provides us with the full legal authority to take any action necessary and to report all of your information (mail logs, IP address, server logs, mail and chat content) to any authority (including Police) or person in your jurisdiction.

Please note that we are an adult web site. We do not preach about the rights and wrongs of sexuality and make no judgment about anyone's legal desires, fantasies or dreams for sexual fulfilment. Everyone who shows tolerance of other's sexual nature is welcome. We only ask that you behave as an enlightened adult should - with understanding, tolerance and respect for other's sexual feelings, no matter how bizarre you may personally find them to be.

To report abusive or illegal behavior, please visit our Help and Support pages and provide as much detailed information as possible so our support staff can respond.

Eligibility:

You must be 18 years old or over to use this site in any way. By using this site, you warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the terms and conditions of this agreement and that you are at least 18 years old - who are interested in and wish to have access to visual images, verbal and written descriptions and audio/visual material of a sexually oriented, and erotic nature.

Available within this site are graphic and visual depictions and descriptions of nudity and sexual acts and should not be accessed by anyone who is younger than 18 years old; or by anyone who is easily offended by such materials, or who does not wish to be exposed to such materials.

By accessing this site you represent and warrant under penalty of perjury the following:

Fees and Termination:

Pro Directory ad payments are for a period of 1 calender month (30 days). Purchasers of a Pro Profile also get a free extension of 1 year total (365 days). Free public profiles advertising commercial services (paid companionship, pay and clip sites, webcam shows etc. outside of our network) without a Pro Profile will be closed or banned without warning at any time once reported by a user, or found by Administrative staff. Pro Ads using fake photos will also be closed without warning (and without refund). Please DO NOT post fake photos in Pro Directory Ads. This is a direct violation of this Agreement.

BirchPlace usage and/or subscription fees were provided to you upon a paid-registration and may change from time to time upon electronic notice to you. BirchPlace reserves the right to terminate your access to the site for any reason or no reason. BirchPlace may terminate your membership upon sending notice to you at the email address you provide in your application for membership or such other email address as you may later provide to us. If BirchPlace terminates your membership in the BirchPlace service because you have breached this Agreement, you will not be entitled to any refund of any unused subscription fees. Even after this Agreement is terminated, the Terms of Use remain fully in effect.

Non-Commercial Use by Members and/or Viewers:

The BirchPlace site is for the personal use of individual members and viewers only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become members of this site and shall not use the BirchPlace service or site for any purpose including but not limited to: sending unsolicited commercial email to members, sending advertisements for other web sites and services in this site's chat rooms, or using member personal identifying information for commercial purposes. Illegal and/or unauthorized uses of the site, including unauthorized framing of or linking to the site or the sending of unsolicited commercial email will be investigated, and appropriate action will be taken, including without limitation, civil, criminal, and injunctive redress and/or termination of membership at BirchPlace's sole discretion. In order to prevent the sending of unsolicited commercial email or chat messages to its members, BirchPlace may take reasonable steps, including the limiting of the numbers of emails or chat messages sent or received by a member and electronically filtering or throttling or terminating email and chat messages at BirchPlace's sole discretion.

Proprietary Rights of Content on BirchPlace.com and our related sites:

BirchPlace owns and retains other proprietary rights in the BirchPlace.com site and the BirchPlace service. The site contains the copyrighted material, trademarks, and other proprietary information of BirchPlace, and its licensors. Except for that information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

Content Posted on the Site/CDA:

BirchPlace claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Content provided by third parties and members and nothing in this agreement is intended to waive, remove, or usurp such immunity. You understand and agree that BirchPlace may delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment BirchPlace violates the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of BirchPlace and/or its members.

You are solely responsible for the content that you publish or display (hereinafter, "post") on BirchPlace, or transmit to other BirchPlace members.

By posting content to any public area of BirchPlace, you automatically grant, and you represent and warrant that you have the right to grant, to BirchPlace and its members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity, and content and to prepare derivative works of, or incorporate into other works and other media, such information and content, and to grant and authorize sublicenses of the foregoing. For privacy terms, please refer to our Privacy Policy.

BirchPlace will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the site or service and terminating the membership of such violators. The following is a partial list of the kind of content that is illegal or prohibited on the site - it includes content that: is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of "junk mail", "chain letters," or unsolicited commercial email or "spamming"; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); provides material that mentions or exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides content that involves cursing, swearing, incest, falsifying gender, violence, necrophilia, impersonating another member, threat of suicide or harm to oneself or others, drug paraphernalia, or bestiality; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; sending advertisements in chat or instant messaging messages; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

You must use the BirchPlace service in a manner consistent with any and all applicable laws and regulations.

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the BirchPlace site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to BirchPlace by our users or third parties.

You may not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the service. You will not transmit any chain letters or junk email to other BirchPlace members. Although BirchPlace cannot monitor the conduct of its members off the BirchPlace site, it is also a violation of these rules to use any information obtained from the service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent. BirchPlace will remove any photo or other content that is viewed as breaking this rule, in addition to any content that is blank, or is designed to mislead, confuse or offend.

Copyright Policy/DMCA Notice:

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including "fair use". Without limiting the foregoing, if you believe that your work has been copied and posted on the BirchPlace service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information consistent with the Digital Millennium Copyright Act (DMCA): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the our site including the URLs of web pages and/or hyperlinks; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. BirchPlace's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

Send your email to us at: info@birchplace.com marking the email with the subject 'COPYRIGHT NOTICE'. PLEASE include all of the information required above, otherwise your query cannot be fully dealt with.

It is the intention of BirchPlace to comply with the DMCA, including the Notice and "take down" provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law, and to the extent the Notice and "take down" requirements above deviate from the requirements under the DMCA then the Notice requirements as provided by the DMCA shall control and are herein incorporated by reference.

Please take a moment to check your email to us is in the correct DMCA format, as incomplete or abusive requests will be deleted.

Content (Movies, Images, Audio, Webcam Shows and Deposits)

You will complete your application using your real name and real postal address. Fake IDs will lead to your account being suspended and possibly money owed withheld until you have confirmed your real address.

If you create an affiliate account through us, you agree to hold your login details safe and secure, and you hold all responsibility for the security of your affiliate account.

You can only submit content for sale that you own the full copyright rights to. We also reserve the right to refuse content to be hosted on our servers for whatever reason.

Please ensure you use the correct fields to store your web site URLs, telephone number and email addresses. Do NOT post this info into your profile About Me text page. If found, your profile content page will be erased.

Your profile content CANNOT contain:

Photographs:

Please only submit images of yourself, or those that you own the copyright ownership of. Please do NOT post illegal or highly-offensive images - we work closely with law authorities if users upload illegal photographs (i.e. underage sexual photos) and will provide them with any information we have on the computer/device or email address used to submit the images.

Member Disputes:

BirchPlace does not solicit or control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate and/or deceptive. If so, please request a profile review using the link provided on the profile page of the member, or at various other places throughout the site. Please also use caution, common sense, and safety when using our site. You are solely responsible for your interactions with other BirchPlace members. Because it is not involved in member interactions, in the event that you have a dispute with one or more members or those who have posted, viewed and/or used information on the BirchPlace site, you release BirchPlace, including its officers, directors, agents, subsidiaries and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. BirchPlace reserves the right, but has no obligation, to monitor disputes between you and other members.

Privacy:

Use of the BirchPlace site and/or its service is governed by our Privacy Policy, which may change from time to time upon electronic notice to you.

Disclaimers:

BirchPlace, including its directors, agents, consultants, subsidiaries and employees is not responsible for any incorrect or inaccurate content posted on the site or in connection with the BirchPlace service, whether caused by users, members or by any of the equipment or programming associated with or utilized in the service, nor for the conduct of any user and/or member of the BirchPlace service whether online or offline. BirchPlace assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or member communications. BirchPlace is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the BirchPlace site and/or in connection with the BirchPlace service. Under no circumstances BirchPlace, be responsible for any loss or damage resulting from anyone's use of the site or the service and/or any content posted on the BirchPlace site or transmitted to BirchPlace members. The site and the service are provided "AS-IS" and BirchPlace expressly disclaims any warranty of fitness for a particular purpose or non-infringement. BirchPlace cannot guarantee and does not promise any specific results from use of the site and/or the BirchPlace service.

Limitation on Liability:

Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will BirchPlace be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the site or the BirchPlace service, even BirchPlace has been advised of the possibility of such damages. You further agree to hold BirchPlace, including its officers, directors, agents, subsidiaries and employees harmless for claims arising in the event that a profile content ultimately proves to be offensive, harmful, inaccurate and/or deceptive. Notwithstanding anything to the contrary contained herein, BirchPlace's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to BirchPlace for the service during the term of membership.

Chargebacks:

Dealing with chargebacks is done at our hourly office rate of US$100 per hour. Please do not make chargebacks and expect free re-instatement of your profile. To re-enable a profile suspended via a chargeback requires investigation and work time from our staff.

Indemnity:

You agree to indemnify and hold BirchPlace, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the service in violation of this Agreement and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above.

18 USC 2257 Record-Keeping Requirements Compliance Statement

All content and images created by the site owner are in compliance with the requirements of 18 USC 2257.

updated May 1, 2016




 
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