|
Our Legal Notices and Terms &
Conditions Accessing our site automatically
deems you will comply with our Terms & Conditions.
Children who are under
18 years old are not allowed to use our services. We ask that
children DO NOT submit information to us.
 |
|
Please note that we
do not tolerate any abuse in
our chat rooms, message systems or
profiles.
We have a
zero-tolerance policy
on anyone who threatens violence or
abuse 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 and
content to any authority or person
in your jurisdiction. |
|
Welcome to a service of BirchPlace.com. (hereinafter referred to as
"BirchPlace" or just "Site"). You must read and agree to these terms and
conditions before you may access or view our Site. Please read them carefully.
By visiting or registering on the BirchPlace site, you are agreeing to its terms.
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.
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:
- That you are an adult, at least 18 years of age
- That you will not permit any persons under 18 years of age to have
access to any of the materials contained within this site.
- That you understand that when you gain access to this site, you will be
exposed to visual images, verbal descriptions and audio sounds of a sexually
oriented, erotic nature, which includes visual depictions
and descriptions of nudity and sexual acts.
Fees/Termination:
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/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 legal 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); displays pornographic or sexually explicit material of any
kind; provides material that 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.
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:
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.
Pay Per View 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 purchase an ePassporte Affiliate
account through us, you agree to
hold your ePassporte login details
safe and secure, and you hold all
responsibility for the security of
your ePassporte account. If you
choose to purchase an ePassporte
debit Visa card, this fee is not
refundable. You also agree to the
legal terms and conditions
ePassporte enforce for holding an
ePassporte account with them.
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.
Your content CANNOT
contain:
-
anyone (or references to) under
18 years old
-
injury or death
-
any illegal activities
-
non-consensual sex/torture/bondage
-
animals
-
asphyxiation (real or simulated)
Photographs:
Please only submit images of
yourself, or those that you own the
copyright ownership of. DO NOT
post illegal or highly-offensive
images - we work closely with law
authorities if users upload illegal
photographs and will provide them
with any information we have on the
PC 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 member’s profile page or at
various other places throughout the website. 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, 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.
Note to WebTV users: Our site does not fully support WebTV
systems.
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
other user’s profile 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.
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 full compliance with the
requirements of 18 USC 2257.
updated
8 July, 2007 |
