Terms & Conditions
The Terms of this Agreement (the 'Agreement') govern the relationship between you and SpyGasm.com regarding the use of services on www.SpyGasm.com. In this Agreement SpyGasm.com means , as the Operating Company of the Website.
Before Members transactions can be completed, you must read and agree to these Terms and Conditions. By applying for access and / or services from this Website, you are agreeing to these Terms and Conditions, and are agreeing to be legally bound by them. This agreement is subject to change by Operating Company at any time. Changes are effective when posted on this Website without notice upon each member.
If you do not agree to be bound by these Terms and Conditions, you may not enter the Website, you must exit the Website immediately and you may not use or access any portion of the Website or download any materials from it.
You are solely responsible for obtaining access to the Website and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Website (i.e., computers, modems, and software, including the most recent versions of Internet browsers, applications, and plug-ins).
Our Website offers online entertainment services that may be deemed adult in nature and which may contain graphic depictions and descriptions of explicit sexual activity. You acknowledge that you are aware of the nature of the content provided by this Website, that you are not offended by such content and that you access the Website freely, voluntarily and willingly.
Age of majority
You represent and warrant that you are at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, and that you have the legal capacity to enter into this agreement. If you are not at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, you must exit the Website immediately and may not use or access the Website or print or save any Materials from it.
NO CHILD PORNOGRAPHY
YOU UNDERSTAND THAT ALL PARTICIPANTS APPEARING ON THE WEBSITE ARE, AND WERE AT THE TIME OF ALL RECORDED IMAGES, AT LEAST 18 YEARS OF AGE, AND THAT THE WEBSITE CONTAINS NO CHILD PORNOGRAPHY. WE TAKE A STRONG AND DEFINITE STAND AGAINST CHILD PORNOGRAPHY. WE COOPERATE WITH ANY LAW-ENFORCEMENT AGENCY INVESTIGATING CHILD PORNOGRAPHY.
Restrictions on Use of Website
Without the express prior written authorization of Operating Company you may not: (A) duplicate a Website or any of the Materials contained therein; (B) create derivative works based on a Website or any of the Materials contained therein; (C) use the Website or any of the Materials contained therein for any commercial purpose, or for any public display or public performance; (D) record videos, take screenshots, restream, sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the Materials or any of your rights to access; (E) remove any copyright or other proprietary notices from the Website or any of the Materials contained therein; (F) frame or utilize any framing techniques in connection with the Website or any of the Materials contained therein; (G) use any meta-tags or any other “hidden text” using SpyGasm name or marks; (H) “deep-link” to any page of any of the Websites except for the homepage, SpyGasm.com; (I) circumvent any encryption or other security tools used anywhere on the Websites (including the theft of user names and passwords, or using another person’s user name and password in order to gain access to a restricted area of any of the Websites); (J) use any data mining, robots or similar data gathering and extraction tools on the Websites; (K) decompile, reverse engineer, or disassemble any of the software aspect of the Materials except and only to the extent permitted by applicable law.
To access certain resources available through the Website, you may be required to register by completing a registration form and designating a username, password, and/or other registration information (“Registration Data”). During the registration process, you agree to provide true, accurate, current, and complete Registration Data about yourself as prompted by the registration form. If you provide any information that is untrue, inaccurate, out-of-date, or incomplete; or if we have grounds to believe that such information is untrue, inaccurate, out-of-date, or incomplete, we reserve the right, without limitation, to suspend or terminate your account and refuse any and all current or future use of the Website or any portion thereof.
You are responsible for maintaining the confidentiality and security of your Registration Data and are solely responsible for the use of and all activities that occur under your Registration Data. We cannot and will not be held liable for any loss or damage arising from any unauthorized use of your account.
It is strictly forbidden to sell, to transfer and exchange the account at www.spygasm.com and/or to pass it to the third parties.
a. Registration You may access the non-public portion of a Website only by being a Member in good standing to that Website. You may become a Member of a Website by completing an online registration form, and paying the appropriate fee, which may be recurring in nature. Upon submission of the online registration form, SpyGasm or its authorized agent will process the application. In connection with completing the online registration form, you agree to: (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the “Registration Data”) and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a Member. If you provide any information that is untrue, inaccurate, not current or incomplete, or SpyGasm or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SpyGasm has the right to suspend or terminate your account and refuse any and all current or future use of the Website.
b. Member Account, Password and Security As part of the registration process, you will select a unique user name/your email and password which you must provide in order to gain access to the non-public portion of a Website. You represent and warrant that you will not disclose to any other person your unique user name and password and that you will not provide access to Website to anyone who is below the age of majority in your jurisdiction. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. You agree to (1) immediately notify SpyGasm of any unauthorized use of your user name and password or any other breach of security, and (2) ensure that you logout from your account at the end of each session.
c. Fees You agree to pay all membership fees when due. SpyGasm posts the current membership fees for Website as part of the registration process. SpyGasm reserves the right to change Website's membership fees at any time, with or without prior notice to you. At the time of registration, you must select a payment method. SpyGasm reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. Your account will be deemed past due if it is not paid in full by the payment due date. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You are responsible for reimbursing SpyGasm for all credit card charge backs and any related charges.
d. Billing Errors If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer.
e. Refund Policy SpyGasm does not provide cash refunds. The billing system used by SpyGasm or our authorized agents provides extensive credit card fraud protection measures and our Website include many features to protect users from accidental charges. SpyGasm does not guarantee that refunds will be available for tokens or money for any reason, therefore all transactions should be considered final.
f. Disclaimer Under no circumstances, including, but not limited to, negligence, will SpyGasm or any of its related, affiliated companies be liable for any direct, indirect, incidental, special, consequential or punitive damages that result from the use of, or the inability to use the service, without prejudice of the established in the present clause.
You accept that in case of any fraudulent transaction SpyGasm has a right to use all available information at its disposal during any kind of legal procedure. Including, without the claim of completeness, browser history, IP and email addresses and any other traceable activity. During such legal procedures SpyGasm might involve other, professional investigator parties and share certain information in order to comply with law requirements, vindicate its rights and represent the best interests of its Customers. You, as a subscriber, will stay liable for investigation or collection costs related to any fraudulent transaction.
The Company shall not be liable for damages caused to the temporary unavailability of services related to technical problems (such as: work on improvement of server and software, hacker attacks, a problem of the data center, routing, etc.).
The Company is not responsible for damages and/or loss of the content resulting from the hacker attacks and any other attacks and/or unlawful acts directed against SpyGasm.com or/and affiliated websites, and/or the Company.
You, as a subscriber, are fully aware that SpyGasm may impose a contractual fine on the subscriber in the amount of from 500 US dollars to 5000 US dollars per every copied, reproduced, republished, downloaded, transmitted and/or made available by the subscriber to the public any of the content/materials of SpyGasm without the prior written consent of SpyGasm.
You will not arrange personal appointments with any Performer, since it is prohibited, and will not exchange your telephone number with a Performer or in any other way try to have any physical contact with a Performer. In any event you acknowledge that SpyGasm would not be liable should by breaching these Terms & Conditions you would try to have a physical contact with a Performer.
You will not use obscene words, threaten or quarrel with, or violate the rights of other users, Performer, SpyGasm support persons or management of the website, since it is prohibited.
Text content sent or forwarded, and the chosen user name will not be offensive, will not suggest pedophilia, adolescence, bestiality or zoophilia, or refer to emanation or consumption of any bodily waste.
You undertake the duty to immediately clear out of your recording area /chat directory of all objects subject to forbidden and/or abusive content, to trademark or any other intellectual property right of third parties, and to comply with legal requirements at all times, avoiding unlawful use of items of intellectual property, trademarks, brands, imagery, and/or registered music, and to comply with the terms and conditions, rules and mandatory requirements applied by SpyGasm.
You may cancel your membership at any time by providing our customer service department with a notice of your intent to cancel the membership along with your user name. Upon our processing of your request to cancel your membership, you will no longer have access to the non-public areas of the Website or Websites to which you were a Member.
SpyGasm may terminate your access to the Website at any time, with or without advance notice, if: (1) SpyGasm believes that you have breached any material term of these Terms and Conditions, (2) you fail to pay any amount due by the payment due date; or (3) SpyGasm decides to cease operations or to otherwise discontinue any of the Websites. Further, you agree that neither SpyGasm nor any third party acting on our behalf shall be liable to you for any termination of your membership or access to the Website.
You agree to indemnify, defend, and hold harmless the Operating Company, our affiliates, subsidiaries, and their respective officers, directors, employees, and agents from and against any and all claims (groundless or otherwise), actions, liability, losses, expenses, damages, and costs, including without limitation reasonable legal and accounting fees, arising out of or resulting from (i) any User Content and/or other information or materials you submit, transmit, or otherwise make available through the Website; (ii) your use of the Website; or (iii) your breach or alleged breach of the terms of this Agreement. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to fully cooperate as reasonably requested by us in the defense of any claim. In any event, you shall not settle any matter without our written consent.
In the event any provision or part of this Agreement is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Agreement, will be inoperative.
Governing Law & Jurisdiction
These Terms and Conditions will be governed by and construed in accordance with the laws of the Cyprus excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions or your use of this Website will lie only in the courts of the Cyprus and you further agree to and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Any disputes arising between SpyGasm and the Members will be settled amicably and only when this solution is not efficient, the competent jurisdiction for the disputes arising from this Agreement will be the courts of the Cyprus.
Unless indicated otherwise, all video, audio, photographic images and other graphics, information, links, code, scripts, programming, software, interactive features, and other material and files (collectively, the “Content”) used on or incorporated into this Website are protected by copyright, trademark, or other proprietary rights as the intellectual property of Operating Company (the “Company”). Except as expressly provided in this Agreement and/or permitted by the applicable law, you agree not to copy, download, modify, use, display, publish, transmit, sell, license, reproduce, or distribute, in whole or in part, directly or indirectly, any of the Content of this Website without the prior written consent of the Company in each instance.
18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement
In compliance with the Federal Labeling and Record-Keeping Law (also known as 18 U.S.C. 2257) and associated regulations found in 28 C.F.R 75 all participants located within our domain are 18 years of age or older. All visual depictions displayed on this website, whether of actual sexually explicit conduct, simulated sexual content or otherwise, are visual depictions of persons who were at least 18 years of age when those visual depictions were created. All proof of age and other required records are held by the custodian of records, which are listed below. All content is in full compliance with the requirements of 18 U.S.C. 2257 and associated regulations. The original records required pursuant to 18 U.S.C. section 2257 and 28 C.F.R. 75 for all materials contained in the website are kept by the following Custodian of Records: