Terms and Conditions for SexBookAmateurs

SexBookAmateurs is a social networking service that allows Members to create unique personal profiles online in order to find, communicate with people from all over the world, buy and upload pictures and videos of other users

The Services offered by SexBookAmateurs ("SexBookAmateurs" or "we") include the SexBookAmateurs Website (the " Website"), the SexBookAmateurs instant messenger and any other features, content, or applications offered from time to time by SexBookAmateurs in connection with the Website (collectively, the "Services".

This TERMS & CONDITIONS AGREEMENT ("Agreement") sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a " Visitor" (which means that you simply browse the Website) or you are a "Member" (which means that you have registered with SexBookAmateurs). The term "User" refers to a Visitor or a Member. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of the Services immediately. If you wish to become a Member, communicate with other Members and make use of the Services, you must read this Agreement and indicate your acceptance at the end of this document before proceeding to the Registration process.

This Agreement includes SexBookAmateurs' policy for acceptable use of the Services and Content posted on the Website, your rights, obligations and restrictions regarding your use of the Services and SexBookAmateurs' Privacy Policy. In order to participate in certain Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: support@sexbookamateurs.com, Subject: TERMS & CONDITIONS AGREEMENT.

SexBookAmateurs may modify this Agreement from time to time and such modification shall be effective upon posting by SexBookAmateurs on the Website, provided that you are informed via email or SMS 30 days in advance. In case you do not want to agree to these modifications, you may terminate this Agreement (see no. 2 below).

Please choose carefully the information you post on SexBookAmateurs and that you provide to other Users. Your SexBookAmateurs profile may not include the following items: telephone numbers, street addresses, last names, or any illegal content, like content of third parties without the respective license. Despite this prohibition, information provided by other SexBookAmateurs Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and SexBookAmateurs assumes no responsibility or liability for this material. If you become aware of misuse of the Services by any person, please contact support@sexbookamateurs.com or click on the "Report Inappropriate Content" link at the bottom of any SexBookAmateurs content page. SexBookAmateurs reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.

1.        Eligibility

Use of and Membership in the Services is void where prohibited. By using the Services, you represent and warrant that

(i)        All registration information you submit is truthful and accurate;

(ii)       You will maintain the accuracy of such information;

(iii)      You are 18 years of age or older; and

(iv)     Your use of the Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are less than 18 years of age.

2.        Term

This Agreement shall remain in full force and effect while you use the Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. SexBookAmateurs may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.

3.        Membership

To become a member you have to register via the Member's Account Settings page. In order to become a member you have to be at least 21 years old and have to provide the following information to us:

(i)        Full name;

(ii)       Your Birth date;

(iii)      Your email address; and

(iv)     Credit card information.

This information except for the credit card information will be saved by SexBookAmateurs. SexBookAmateurs reserves the right to save such information even after termination of your membership for period of [6 months]. Please note that SexBookAmateurs are not certified to save your credit card information. This information, however, will be saved and secured by our authorized partner CommerceGate.

When you sign up to become a Member, you will be asked to choose a name or pseudonym that will be viewable for other Members. Therefore, you do not have to inform others about your real name and are free to use any pseudonym you want.

4.        Membership and Fees

You acknowledge that SexBookAmateurs reserves the right to charge $ 20 per month for your Membership and the Services ("Membership fees") and to change its fees from time to time in its discretion. SexBookAmateurs will notify you in case it changes its fees.

For your monthly membership fee, SexBookAmateurs will provide you with so called "Coins". You may use these Coins in order to access the Services and features (e.g. download pictures, send messages etc). Some of the Services and features provided by SexBookAmateurs are free of charge. The amount of Coins needed in order to use a certain Service is viewable at the respective site.

5.        Password

When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify SexBookAmateurs immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

6.        Services and features

There are three types of users online:

(i)  Other natural persons --- please note that other persons may alter their profile, which thereby may deviate from their real personality. SexBookAmateurs does not verify the profiles --- or

(ii) Professional members --- please note that such professional members may design profiles of fake persons in order to attract your attention to this profile, but there is not real person behind such profil. Please note in addition that professional member's profiles are not marked, so you are not in the position to check whether a member's profil is related to a real person or a fake person.

(iii) SexBookAmateurs --- please note that SexBookAmateurs reserves the right to act as professional member (see [ii] in this regard).

6.1  Profile viewing: As a member you may view Profiles of other users free of charge.

6.2  Communication: As a member you may communicate with other members. Please note that SexBookAmateurs will charge you for such notifications.

6.3  Picture/video download: As a member you can buy and download pictures and videos which are either provided by SexBookAmateurs directly or by other Members. Pictures/videos provided by the SexBookAmateurs for downloading are either real or virtual. Please note that virtual pictures do not represent any real person or reality, they do not correspond to reality and are pure fiction. Please note that SexBookAmateurs is explicitly licensed to sell pictures/videos provided by SexBookAmateurs and is also authorized to put a water-mark on them. Consequently, the pictures provided by SexBookAmateurs are easy to identify by the water-mark.

Pictures/videos provided for buying and downloading by other Members to Members are either the Member's own sole property or the Member is entitled to provide such pictures/videos to other Members. SexBookAmateurs is not liable for the content of such pictures/videos or any harm or infringement of rights that may occur with regard to taking, selling, downloading or sending such pictures. SexBookAmateurs does not guarantee that any of such pictures are the Member's property or Member is entitled or has the license to sell such pictures/videos. SexBookAmateurs is also not liable that such pictures/videos are either virtual or correspond to reality.

7.        Non-commercial Use by Members

The Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by SexBookAmateurs. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Services.

8.        Proprietary Rights in SexBookAmateurs Content

8.1  By displaying or publishing ("posting") any Content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, "Content") on or through the Services, you hereby grant to SexBookAmateurs, a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sub licensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Services. This license will terminate at the time you remove such Content from the Services. Notwithstanding the foregoing, a back-up or residual copy of the Content posted by you may remain on the SexBookAmateurs servers after you have removed the Content from the Services, and SexBookAmateurs retains the rights to those copies.

       You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Services.

8.2  The Services contain Content of SexBookAmateurs ("SexBookAmateurs Content"). SexBookAmateurs Content is protected by copyright, trademark, patent, trade secret and other laws, and SexBookAmateurs owns and retains all rights in the SexBookAmateurs Content and the Services. SexBookAmateurs hereby grants you a limited, revocable, non-sub licensable license to reproduce and display the SexBookAmateurs Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services.

8.3. The Services contain Content of Users and other SexBookAmateurs licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Services.

9.        Content Posted

9.1  You may upload Content, provided that you comply with this Agreement in doing so.

9.2   You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other Members and for your interactions with other Users. SexBookAmateurs does not endorse and has no control over the Content. Content is not necessarily reviewed by SexBookAmateurs prior to posting and does not necessarily reflect the opinions or policies of SexBookAmateurs. SexBookAmateurs makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

9.3  SexBookAmateurs may delete any Content that in the sole judgment of SexBookAmateurs violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. SexBookAmateurs assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time SexBookAmateurs chooses, in its sole discretion, to monitor the Services, SexBookAmateurs 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.

10.    Content/Activity Prohibited

The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Services. SexBookAmateurs reserves the right to investigate and take appropriate legal action against anyone who, in SexBookAmateurs' sole discretion, violates this provision, including without limitation, removing the offending communication from the Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of SexBookAmateurs:

(i)           Is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

(ii)          Harasses or advocates harassment of another person;

(iii)         Exploits people in a sexual or violent manner;

(iv)        Contains violence, or offensive subject matter;

(v)         Solicits personal information from anyone under 21;

(vi)        Provides any telephone numbers, street addresses, last names, URLs or email addresses;

(vii)       Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

(viii)      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;

(ix)        Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or "spamming";

(x)         Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

(xi)        Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

(xii)       Solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

(xiii)      Involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

(xiv)      Includes a photograph of another person that you have posted without that person's consent; or

(xv)       Criminal or tortuous activity, including child pornography, fraud, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

(xvi)      Advertising to, or solicitation of, any Member to buy or sell any products or services through the Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, SexBookAmateurs reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which SexBookAmateurs deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to SexBookAmateurs, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay SexBookAmateurs $50 for each such unsolicited email or other unsolicited communication you send through the Services;

(xvii)     Covering or obscuring the banner advertisements on your personal profile page, or any SexBookAmateurs page via HTML/CSS or any other means;

(xviii)    Any automated use of the system, such as using scripts to add friends;

(xix)      Interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;

(xx)       Attempting to impersonate another Member or person;

(xxi)      For group profiles, copying the code for your Bunker Player and embedding it into other profiles or asking other Members to embed it into their profiles;

(xxii)     Using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

(xxiii)    Selling or otherwise transferring your profile;

(xxiv)   Using any information obtained from the Services in order to harass, abuse, or harm another person; or

(xxv)    Using the Services in a manner inconsistent with any and all applicable laws and regulations.

11.    Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of SexBookAmateurs to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to SexBookAmateurs by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Helpdesk with the following information:

(i)        An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(ii)       A description of the copyrighted work that you claim has been infringed;

(iii)      A description of where the material that you claim is infringing is located on the Website;

(iv)     Your address, telephone number, and email address;

(v)      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;

(vi)     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. SexBookAmateurs' Copyright Agent for notice of claims of copyright infringement can be reached as follows: email: support@sexbookamateurs.com.

12.    Member Disputes

You are solely responsible for your interactions with other SexBookAmateurs Members. SexBookAmateurs reserves the right, but has no obligation, to monitor disputes between you and other Members.

13.    Privacy

Use of the Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

14.    Disclaimers

SexBookAmateurs is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Services provided, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. Profiles created and posted by Members on SexBookAmateurs may contain links to other websites. SexBookAmateurs is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by SexBookAmateurs. Inclusion of any linked website on SexBookAmateurs does not imply approval or endorsement of the linked website by SexBookAmateurs. When you access these third-party sites, you do so at your own risk. SexBookAmateurs takes no responsibility for third party advertisements which are posted on this Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. SexBookAmateurs is not responsible for the conduct, whether online or offline, of any User of the Services. SexBookAmateurs 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, any User or Member communication. SexBookAmateurs is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall SexBookAmateurs be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a SexBookAmateurs event, from any Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Services are provided "AS-IS" and as available and SexBookAmateurs expressly disclaims any warranty of fitness for a particular purpose or non-infringement. SexBookAmateurs cannot guarantee and does not promise any specific results from use of the Services.

15.    Limitation on Liability

IN NO EVENT SHALL SEXBOOKAMATEURS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF SEXBOOKAMATEURS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SEXBOOKAMATEURS' 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 SEXBOOKAMATEURS FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.

16.     U.S.Export Controls

Software available in connection with the Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S.export laws. By downloading or using the Software, you represent and warrant that such download or use is not in violation of any such law.

17.    Disputes; Choice of Law

This Agreement shall be governed by and construed in accordance with the laws of Austria, without regard to the conflict of law principles thereof.

The competent courts inVienna, Inner-City, Austria, shall have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement (including a dispute regarding the existence, validity or termination of this Agreement).

18.    Indemnity

You agree to indemnify and hold SexBookAmateurs, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Website or through the Services causes SexBookAmateurs to be liable to another.

19.    Other

This Agreement is accepted upon your use of the Website or any of the Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and SexBookAmateurs regarding the use of the Services. The failure of SexBookAmateurs to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. If you upload sexually explicit pictures, you must comply with U.S.C. 2257 by identifying the name and address of the person (most likely yourself) who holds copies of government-issued ID(s) that prove individuals in the pictures were over 18 years of age when the pictures were taken. (your information is private and secure, we will not share your personal information unless required by law).

Click here for complete terms. Please contact us at: support@sexbookamateurs.com with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.