Terms of Service
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
Last modification date: Feb 10, 2021
Terms of website use
The following Terms (together with the documents referred hereto) informs you about the terms on which you may use our websites POWERFETISH.COM (individually and/or jointly, “Our Site”), whether as a guest or a registered user (“Terms”). Use of Our Site includes accessing, browsing, or registering to use Our Site, whether via computer or other technology or means.
Please read these Terms carefully before you start to use Our Site, as these will apply to your use of Our Site.
By using Our Site or by clicking to accept these Terms (if such option is made available to you), you confirm that you accept these Terms and that you agree to comply with them.
If you do not agree to these Terms, you must not use Our Site.
Other applicable terms
These Terms refer to the following additional terms, which also apply to your use of Our Site:
- Our Cookies Policy, which sets out the terms on which we declare what cookies are active on Our Site, what user data we track, for what purpose, and where this data is sent.
Information about us
Our Site is a site operated by the company SIMPLY DIGITAL s.r.o., with its registered office at Sokolovska 428/130, 186 00, Praha 8 - Karlin, Czech Republic, Company ID: 09139613, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 331521.
Changes to the terms
We may revise these Terms in a reasonable scope at any time by amending this page and you agree to be bound by such revisions.
Please check this page from time to time to take notice of any changes we made, as they are binding on you. If we change anything in these Terms, the change will be reflected in the “last modification date” stated at the beginning of these Terms.
If you are a registered user, we will notify you with a proposed change in these Terms 30 days before it becomes effective by email, or by any other method of communication. You should be able to reject such change in these Terms via email within 10 days from receipt of the notification. By rejection of proposed change of these Terms within the respective period, the membership shall be terminated in the notice period of 30 days beginning at the day when we receive your rejection of the proposed change. If you have not rejected the proposed change within 10 days from receipt of the notification, the change shall become binding on you. During the notice period, the relationship between you and us shall be subject to the Terms in the current (unchanged) version.
Changes to Our Site
We may update Our Site from time to time, and may change the content at any time. However, please note that any of the content on Our Site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that Our Site, or any content on it, will be free from errors or omissions.
Ability to use Our Site
You affirm that you are at least 18 years of age or the age of maturity in the jurisdiction you are accessing Our Site from, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms, and to abide by and comply with these Terms. If you are under 18 years of age or the applicable age of maturity, you are not permitted to submit personal information to us or use Our Site. You represent that the jurisdiction from which you access Our Site does not prohibit receiving or viewing of sexually explicit content.
About Our Site
Our Site allows viewing various types of content by registered and unregistered users who desire to view visual depictions of adult-oriented content, including sexually explicit images.
Our Site shall not be used for any commercial purposes because it is exclusively aimed at personal use.
You understand and acknowledge that when using Our Site, you may be exposed to content that is inaccurate, offensive, indecent, or objectionable. All video, audio and image content displayed on Our site is fictional and simulated.
Accessing Our Site
Our Site is made available free of charge but to access some of the content, you may be asked to provide certain registration details and even pay relevant fees.
We do not guarantee that Our Site, or any content on it, will always be available to you. Access to Our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of Our Site without notice or we may abstain from its updating. We will not be liable to you if for any reason Our Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to Our Site.
You are also responsible for ensuring that all persons who access Our Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
You shall not access Our Site at places where the content of Our Site may have insulting, humiliating, or immoral effect on third parties and places where it is banned by generally binding legal or internal regulations, i.e. primarily in the premises of public administration and local government authorities.
If you interact with us or with third party service providers connected to Our Site, and you provide any piece of information, including payment card or other payment information, you agree that all information that you provide will be accurate, complete and current. You will review all policies and agreements applicable to use of third party services.
You acknowledge and understand that you are prohibited from modifying Our Site or eliminating any of the content of Our Site, including advertisements.
You may become a registered user on Our Site as you cannot access some of the content of Our Site without being a registered user. You may choose between different types of registration varying in the period of membership. The subscription options and fees are presented to you on Our Site. You shall pay a subscription fee for your membership that varies according to the period of membership. The subscription fee shall be paid via payment card through a third party service provider. In case the third party payment provider fails to provide us with your payment, you have to repeat the payment and demand return of the unsuccessful payment from the payment provider.
Your subscription (membership) is subject to periodical renewal (for the same period as initially ordered), unless you terminate it as stated below. You are obliged to pay the subscription fee for any renewed period of your membership. You may terminate your subscription (membership) by notifying us at firstname.lastname@example.org or fill out the request form at least 7 days before the end of your current membership period. If you notify us in time, your subscription will be terminated at the end of your current membership period.
We do not provide cash refunds. Refunds to your payment card may be provided upon request if justified and merely in exceptional circumstances.
User account and password
If you choose, or if you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
You acknowledge that your account on Our Site is personal (for your private use) and agree not to provide any other person with access to Our Site using your user identification code, password or other security information. You also agree to log-out from your account at the end of each session. You should use particular caution when accessing your account from shared device so that others are not able to view or record your password or other personal information. Our Site will not be liable for your losses caused by any unauthorized use of your account.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
Intellectual property rights
Our Site and certain content made available through Our Site is owned, created, purchased, or licensed by us (collectively “Works”). Our Works may be protected by copyright, trademark, trade secret and/or other rights, and we reserve and retain all rights in our Works and Our Site.
We hereby grant you a right to access, view and display Our Site and Works in a manner and for the purpose arising from these Terms (“Licence”). The Licence shall be granted as a conditional, revocable, non-sublicensable, free of charge, non-exclusive, and unlimited in territory. The Licence is conditioned on your compliance with these Terms.
If Our Site allows you to download or otherwise copy Works, you are licensing a revocable, non-sublicensable, and non-exclusive right to possess and use the copies for personal, non-commercial use (“Download Licence”). The Download Licence is conditioned on your compliance with these Terms. At the expiration of the Download Licence or the termination of these Terms, you will delete all copies of Works in your possession.
You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, link to, or publicly display Our Site or Works or any adaptations thereof unless expressly set forth herein. In case of potential breach of our rights set forth herein, you acknowledge that we might pursue any type of investigation and/or proceeding leading to protection of our rights against you.
You must not use any part of the content on Our Site for commercial purposes.
If you print off, copy or download any part of Our Site in breach of these Terms, your right to use Our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Licence shall be terminated upon termination of these Terms. If you breach any provision of these Terms, any licence you have obtained will be automatically rescinded and terminated.
DISCLAIMER and Limitation of our liability
You use Our Site at your sole risk. We provide Our Site "as is" and "as available". To the fullest extent permitted by applicable laws, we expressly disclaim all warranties of any kind related to Our Site and services purchased and obtained through Our Site, whether express or implied. You will be solely responsible for any damage to your devices and systems or loss of data that results from your use of Our Site.
We will not be liable to any user for any loss or damage, whether related to mutual contractual relations, breach of statutory duty, or other, even if foreseeable, caused by or arising in connection with:
- use of, or inability to use, Our Site;
- use of, or inability to use, your account;
- use of or reliance on any content displayed on Our Site.
You agree not to use Our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your devices, programs, data or other proprietary material due to your use of Our Site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked to Our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them. You expressly acknowledge that we shall not be liable for content or defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through Our Site.
To the extent permissible by applicable laws, you agree to defend, indemnify and hold harmless Our Site, operator of Our Site (us) and any affiliates to the operator from and against any and all claims, damages, judgments, awards, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to usual attorney’s fees) arising from: (i) your use of and access to Our Site in violation of any term of these Terms; (ii) your violation of any third party right, including, but not limited to, copyright, property, or privacy right; (iii) any of your conduct in violation of any term of these Terms. This defence and indemnification obligation will survive these Terms and your use of Our Site. You agree that we shall have the sole right to control the legal defence against any such claims, demands, or litigation.
You may use Our Site for lawful purposes only. You may not use Our Site:
- in any way that breaches any applicable law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm minors in any way;
- to reproduce, duplicate, copy or re-sell any part of Our Site, including the source code;
- to access without authority, interfere with, damage or disrupt any part of Our Site.
Uploading content to Our Site
Our Site does not allow you to upload any content to Our Site and you shall refrain from doing so.
Linking to Our Site
You may link to Our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We do not guarantee that Our Site will be secure or free from bugs or viruses.
You are responsible for configuring your devices, programs and platforms in order to access Our Site. You should use your own virus protection software.
You must not misuse Our Site by knowingly introducing viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code or items designed to adversely affect the operation of any computer software or hardware. You must not attempt to gain unauthorised access to Our Site, the server on which Our Site is stored or any server, computer or database connected to Our Site. You must not attack Our Site, especially via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing all information about you to them without necessity to inform you about it. In the event of such a breach, your right to use Our Site will cease immediately.
Third party links and resources ON Our Site
Our Site may contain resources or links to third party websites that are not owned or controlled by Our Site. Where Our Site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those third party websites or their resources, and assume no responsibility for the content, privacy policies, or practices of any third party websites.
If you decide to access any of the third party websites linked to Our Site, you do so entirely at your own risk and subject to the terms and conditions of use of such websites. You agree to release us from any and all liability arising from your use of any third party website, content, service as a the result of their presence on Our Site.
These Terms, its subject-matter, its formation, and all disputes arising in connection to use of Our Site are governed by Czech law, unless any mandatory provisions of other applicable laws apply in a particular case. You and we both agree that the courts of the Czech Republic will have jurisdiction over any issues arising from these Terms unless any other courts have jurisdiction according to mandatory provisions of applicable laws.
Although we are not subject to United States law, we voluntarily comply with the provisions of 18 U.S.C. § 2257 (record-keeping requirements) and its regulations and warrant that any actual human beings depicted in content appearing on Our Site were over the age of 18 at the time that content was recorded.
We have designated ourselves as a custodian so to keep the original records described in 18 U.S.C. § 2257 and 28 C.F.R. § 75 for all materials appearing within the Our Site, including marketing and advertising materials that contain visual depictions of actual or simulated sexually explicit conduct and that have been acquired or created by us for the purpose of promoting Our Site. Age verification records are collected and reviewed before permitting a registered user to pay for subscription.
The aforementioned records and their custodian can be found at the location provided in the “Information about us” section above.
You agree that these Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
Waiver and severability
Neither you nor we shall be considered to have waived any right, power or privilege granted by these Terms or stipulation contained therein unless said waiver has been duly expressed in writing and recognized by the other party.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
We may terminate these Terms for any or no reason at any time by notifying you through a notice on Our Site, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defences hereunder. Upon termination of these Terms you will no longer have a right to access your account or your content.
If you violate the spirit of these Terms, or otherwise create risk or possible legal exposure for us, we can terminate your access to Our Site or stop providing any and all parts of Our Site to you without any reimbursement.
Thank you for visiting Our Site.