Since this is a legal agreement between you and OYS, LLC, LLC doing business as PleasurePlaypen and hereinafter referred to as "PleasurePlaypen", we suggest you take a few minutes to read what you are agreeing to.
If PleasurePlaypen accepts your Member Sign-up Form, you will become a "Member" having additional access to the Site and related services only under the policies, terms, and conditions below. To make it easier, we will refer to the PleasurePlaypen.com website, Mail (any mail you send from your Member account to another Member), phone services (including services available through 1-877-847-8924 and other numbers that PleasurePlaypen maintains for access by Members), Goodies (digital photographs, audiovisual materials, and other digital content), Chat (text interaction you send from your Member account to another Member), Feeds (digital content you post for other Members to access for free and/or paid subscription), and any content therein provided by PleasurePlaypen as the "Site." We will refer to any information, entertainment services, and other products or services you may receive from other Members (in their role as agents) or their listings on the Site as "Agent Services." Members who solicit or receive services from other Members will be referred to as "Members." Members who create listings and/or provide services will also be referred to as "agents." In addition, agents may sell to other Members-through Goodies provided as part of the Site- written text, digital photographs, audiovisual materials, and other digital content which will be referred to as "Content".
The policies, terms, and conditions below limit PleasurePlaypen's liability and obligations to you and allow PleasurePlaypen to change, suspend or terminate access to and use of the Site and services. The Privacy Policy, is incorporated into the Terms of Service and provide additional terms and information. The Terms of Service and Privacy Policy collectively make up the "PleasurePlaypen User Agreement" that governs a user's access to and use of PleasurePlaypen.
By directing your browser to the Site as a Member or visitor, or otherwise accessing the pages of the Site, you accept and agree to these Terms of Service.
PleasurePlaypen may modify these Terms of Service, or suspend or terminate your use of the Site, at any time without notice to you. If any modification to the Terms of Service is not acceptable to you, your only recourse is to cease using the Site and services. This includes, but is not limited to, commission and connection fee changes. By continuing to use the Site or any services following any posting of a new Terms of Service or policies on the Site, you accept and agree to be bound by the new Terms of Service or policies.
1. While we are an inclusive community, not everyone can use PleasurePlaypen. Your eligibility to use the Site is limited.
(a) You must be at least eighteen (18) years of age to use the Site or services. By using the Site you agree that you are at least eighteen (18) years old, and otherwise have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms of this Agreement. You understand that PleasurePlaypen is an adult service and you must have a legal right to access adult material and are voluntarily choosing to use this Site. You further represent that you are not required to register as a sex offender with any government entity. PleasurePlaypen does not conduct criminal background checks on or screenings of its users but reserves the right to conduct any criminal background check or screening at any time. You shall not use the services, Goodies, or any other portion of this Site in any manner which is illegal under the law applying to you, nor shall you request, offer, agree to, or engage in any activity involving child pornography or unlawful prostitution.
(b) Using the Site may be prohibited or restricted in certain countries. If you use the Site outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Site or services. You shall not use the Site or become a Member if you are located or reside in a country (i) in which use or participation is prohibited by law, decree, regulation, treaty or administrative act or (ii) is prohibited from entering into trade relations with the United States or its citizens. Such countries include, without limitation, Belarus, Myanmar (Burma), Cuba, Iran, Iraq, Russia, North Korea, Sudan, and Syria.
In addition, PleasurePlaypen does not allow organizations, businesses, or individuals on the Specially Designated Nationals list (SDN) to use the Site.
(c) Your membership is for your sole, personal use and you are solely responsible for all use made of the Site and services under your Member account information and password. You agree to maintain the confidentiality of your password and Member account information. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You agree to pay for all services purchased using your Member Account information and password. Further, when purchasing a Feed subscription you agree to allow PleasurePlaypen to charge your default card for the price of the monthly subscription on a recurring basis until you choose to cancel.
(d) PleasurePlaypen shall own all rights, titles, and interests in services and the Site. No copyrights, patent rights, trademarks, or licenses are conferred herein by PleasurePlaypen, either expressly or by implication. You understand and agree that (i) you will have no right, title, or interest to any of the toll-free numbers, phone numbers, or extension numbers assigned to you (ii) that PleasurePlaypen may change your toll-free number, phone numbers and/or extension number at any time in its sole and absolute discretion (iii) you will have no right, title, and interest to any Member name in connection with PleasurePlaypen Services and (iv) that phone numbers, toll-free numbers, extensions, and Member names may be recycled by PleasurePlaypen to other users of PleasurePlaypen Services if you are not actively using them or your agreement has been terminated. Further, you hereby grant to PleasurePlaypen the right to use, copy, distribute, display, or reference any Content from your account, including without limitation, your member name, tags, descriptions, photos, PleasurePlaypen buttons, Listings, Goody Bags, Chat Cards, Feeds, phone numbers, and extensions. PleasurePlaypen will not distribute, share or display your Content on any third-party without your written and explicit consent.
(e) PleasurePlaypen reserves the right in its sole discretion to modify or discontinue the Site, or modify the terms and conditions of your use of the Site, without notice. Without limiting other remedies, PleasurePlaypen may at any time suspend or terminate your membership and refuse to provide access to the Site without reason or notice to you. In addition, PleasurePlaypen may notify your bank and/or authorities or take any actions it deems appropriate without notice to you, (i) if PleasurePlaypen suspects that you have failed to comply with any provision of this Terms of Service or any policies or rules established by PleasurePlaypen; (ii) if PleasurePlaypen is unable to verify or authenticate any billing or payment information you provide to PleasurePlaypen; or (iii) if PleasurePlaypen suspects that your actions may be illegal or cause liability, harm or disruption for you, other Members, PleasurePlaypen or the Site.
In the event a dispute shall arise between the parties to these terms of agreement, it is hereby agreed that the dispute shall be referred to United States Arbitration & Mediation for arbitration in accordance with United States Arbitration & Mediation Rules of Arbitration. The arbitrator's decision shall be final and binding and judgment may be entered thereon. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with arbitrator's award, the other party is entitled of costs of suit including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award.
The parties agree that the proper and exclusive forum for any action or arbitration arising out of or relating to this Agreement will be in Clarksville, Tennessee.
(f) PleasurePlaypen may charge an Account Maintenance Fee of two dollars ($2.00) per month for all Member accounts with a positive balance. However, if the Member uses the Member account to purchase services, then for a period of twelve (12) months from the date of such use, PleasurePlaypen may waive the Account Maintenance Fee for all active Member accounts.
(g) You may cancel your account at any time by emailing customerservice@PleasurePlaypen.com with the subject "Cancel Account". Any suspension, termination, or cancellation will not affect your obligation to pay any amounts due to PleasurePlaypen.
2. Your actions and your content are your responsibility.
(a) You represent and warrant that all information that you submit upon registration is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading, or false. Further, agents agree to provide true, accurate, and complete payment information and contact information and will promptly update your information when applicable. You will not use false identities or impersonate any other person or use a name that you are not authorized to use. Accounts may not be shared, sold or given to another person or entity.
(b) You use or provide services, and consult with agents, at your own risk. As a agent you will only Provide services to Members and you will not take or answer calls (and agree to terminate such call and report the incident to PleasurePlaypen by filling out a Support TIcket) if you know or have reason to believe that the individual on the call is a non-Member or there is more than one person on the call. You must use your judgment to determine whether to initiate, receive and/or discontinue use of the services. Members who initiate, receive and/or discontinue use of the services do so entirely at their own risk, and PleasurePlaypen bears no responsibility in this regard. However, PleasurePlaypen reserves the right to contact Members and review account activity without revealing its identity, in order to evaluate compliance with the rules and policies set forth in this Terms of Service and to take other action as set forth in the Privacy Policy Therefore, we urge you to review and understand the Privacy Policy.
(c) PleasurePlaypen does not evaluate, provide, produce, or control the services, or information or exchanges between Members, in any manner. PleasurePlaypen does not itself provide any information, entertainment services or other products or services, nor verify, guarantee, or make any representations regarding the identity or qualifications of any Member. Further, PleasurePlaypen does not make editorial or managerial decisions concerning content, sexually explicit or otherwise, except that PleasurePlaypen reserves its right to act as specified in Section 512 of Title 17 and Section 230(c)(2)(A) of Title 47 of the United States Code and to determine at any time, in its sole discretion, whether and to what extent to do so. Nor will PleasurePlaypen be held responsible for any agent's failure to comply with laws or regulations concerning the content of listings or activity on the Site. Instead, PleasurePlaypen acts as a technology service that allows Members to share information, entertainment services, or other products or services among themselves. PleasurePlaypen does not provide real-time cam or video services. The Site is not intended for use as a payment service to exchange physical goods. PleasurePlaypen is not responsible for use or exchange of any information, files or goods between Members. You are solely responsible for, and will exercise caution, discretion, common sense, and judgment in, using the Site and services, in evaluating the qualifications of, and statements made by, Members in listings or through the Member feedback system, and in disclosing personal information to other Members.Phone calls may be recorded
(d) By posting and uploading Content as part of your services, you expressly promise, assure, and warrant to PleasurePlaypen that you have all legally required intellectual property rights (including any necessary copyright clearances, trademark licenses, and publicity and privacy releases) and maintain all records (as required by Sections 2257/2257A of Title 18 of the US Code) necessary for you to post or sell all Content which you upload, advertise, place for sale, or otherwise market through the Site; and you further warrant to PleasurePlaypen (notwithstanding any limitation of warranty as to your ultimate purchasers) that any such Content is merchantable and lawful for you to sell to each of your ultimate purchasers. Further, you agree that none of the Content which you upload, advertise, place for sale, or otherwise market through the Site will depict any children or will depict any adults who have not consented to the acts in which they are engaging or who have not consented to the dissemination of their images and likenesses in the form depicted. Upon request, you must provide to PleasurePlaypen written consent for the public distribution and download of the Content from all parties depicted and a copy of a valid government issued identification of all models (as required by Sections 2257/2257A of Title 18 of the US Code).
You will not violate any applicable laws or government regulations in connection with your use of the Site; and as a agent providing services you will not fail to create and maintain records, label your content, and permit inspections as required by law (e.g. 18 U.S.C. §§ 2257, 2257A; 28 C.F.R. Part 75), and you will not fail to provide the Site with true and complete information in connection with your compliance, including information about the records custodian and maintenance address required on labels by law upon request (18 U.S.C. §§ 2257(e), 2257A(e); 28 C.F.R. § 75.6).
With respect to Content that you sell through the Site, you retain your pre-existing intellectual property and other rights therein, granting to the Site only such limited and non-exclusive rights and licenses reasonably necessary to permit and effectuate your sale of those items and PleasurePlaypen's general advertising and promotion of the Site, except as may otherwise be specifically authorized in a separate written agreement.
(e) You are solely responsible for your interactions with Members and for the content and information that you post or otherwise make available on the Site and through Members Services, whether publicly posted or privately transmitted. You may not post or transmit content that can be considered offensive, harassing, or illegal content, or any content that infringes or violates another person's rights (including intellectual property rights, and rights of privacy and publicity). PleasurePlaypen reserves the right to determine, at its sole discretion, what constitutes offensive or harassing, and where that has occurred; and may, also at its sole discretion, partially or completely deny service to any infringing party. PleasurePlaypen may enlist the help of Members to flag content to help determine if a user's conduct is harmful to the community.
There may be links to websites other than PleasurePlaypen posted on the Site. PleasurePlaypen neither controls such websites nor endorses any of the material on any such websites or any association with their operators. Advertisements created by agents for the Site may not contain content that is not permitted by the Site.
(f) You are solely responsible for and will exercise caution, discretion, common sense, and good judgment in using the Site and services and in disclosing personal information to and from other Members. PleasurePlaypen does not permit users to disclose contact information to other Members. PleasurePlaypen considers contact information to be any information that would allow a person to reach you such as, but not limited to, phone number, email address, usernames for other services, or physical address. In addition, it is not permitted to provide other Members with information, such as links to third-party services, to circumvent or attempt to circumvent the Site's payment system. If you do, you do so at your own risk and risk the termination of your PleasurePlaypen account. PleasurePlaypen does not permit Members to use the Site or services to solicit other Members to meet with them in person. While PleasurePlaypen reserves the right to review interactions between Members, PleasurePlaypen assumes no responsibility for policing its Members in any way. If you ever believe that a Member has violated the law or is defrauding, threatening, or endangering anyone, PleasurePlaypen urges you immediately to contact the police directly for help.
(g) The Site often receives complaints from Members related to violations of the PleasurePlaypen User Agreement. This Site will take action as deemed appropriate, PleasurePlaypen reviews all complaints within 7 days of receipt and will take action, in its sole discretion, it deems appropriate.
(h) The Site is for entertainment purposes only. If you have a dispute with another Member, or suffer any harm arising out of or connected with any services, you hereby waive all claims against and release PleasurePlaypen (and its subsidiaries, employees, officers, directors, shareholders, suppliers, joint venturers, and agents) from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including litigation costs and attorney's fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any services or with regard to such disputes. Residents of all states and nations waive their rights under analogous laws, statutes or regulations.
3. Only use content you have the rights to use.
PleasurePlaypen prohibits the unauthorized use of copyrighted materials or trademarks and the use of content where the member has not obtained appropriate consent from all relevant parties.
You shall not use the Site or services to transmit, route, or provide connections to our store any material that infringes copyrighted works, trademarks, publicity or privacy rights, or otherwise violates or promotes the violation of the intellectual property rights of any third party.
Further, you shall not use the Site or services to transmit, route, provide connections to or store any material where you have not obtained the proper written consent of all parties or that you do not maintain proper records as required by Sections 2257/2257A of Title 18 of the US Code. You must be able to supply, when requested, written consent for the public distribution and download of the Content from all parties depicted and a copy of a valid government issued identification of all models when required by Sections 2257/2257A of Title 18 of the US Code.
PleasurePlaypen has adopted and implemented a policy, stated below, that provides for the termination in appropriate circumstances, of Members who repeatedly infringe or are believed to be infringing the rights of copyright holders.
PleasurePlaypen Copyright Policy:
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PleasurePlaypen's Copyright Agent listed below with the following information required under 17 U.S.C. § 512:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit PleasurePlaypen to locate the material;
(d) Information reasonably sufficient to permit PleasurePlaypen to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted;
(e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
PleasurePlaypen's Copyright Agent for notice of claims of copyright infringement on or regarding this Site can be reached as follows:
OYS
PO Box 801
Dover, TN 37058
Email: customerservice@PleasurePlaypen.com
Upon receipt of notice as described above, PleasurePlaypen will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Site, and/or termination of the Member's account. All complaints will be responded to within 7 days.
If you believe that your federally registered trademark is being used by a agent or Member in a way that constitutes trademark infringement, please provide PleasurePlaypen's Trademark Agent with the following information:
(a) A physical or electronic signature of a person authorized to act on behalf of the registered trademark owner;
(b) Information reasonably sufficient to permit PleasurePlaypen to contact the registered trademark owner or its authorized agent, including a name, address, telephone number, and, if available, an email address;
(c) Identification of the trademark(s) claimed to have been infringed, including a copy of each relevant federal trademark registration certificate(s);
(d) Information reasonably sufficient to permit PleasurePlaypen to identify the use being challenged by the registered trademark owner;
(e) A statement that the registered trademark owner has not authorized the challenged use, and that the registered trademark owner has a good-faith belief that the challenged use is not authorized by law; and
(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is the registered trademark owner or is authorized to act on behalf of the registered trademark owner.
Upon receipt of notice as described above, PleasurePlaypen will confirm the existence of the federal registration of the trademark in question and will take whatever action, in its sole discretion, it deems appropriate, including following confirmation of the existence of the federal registration, removal of the challenged use from the Site, with notice to the agent or Member in question, if, in PleasurePlaypen's sole discretion, PleasurePlaypen concludes that the mark or name is identical to the registered mark and is used in connection with goods and/or services covered by the trademark owner's federal registration, unless, prior to such removal, the agent or Member in question demonstrates that it has its own trademark registration or approved trademark application covering the use in question. All complaints will be responded to within 7 days.
Notwithstanding the foregoing, PleasurePlaypen will comply as appropriate with the terms of any court order relating to the behavior of the challenged party identified in such court order.
PleasurePlaypen's Trademark Agent for notice of claims of trademark infringement on or regarding this Site can be reached as follows:
OYS
PO Box 801
Dover, TN 37058
Email: customerservices@PleasurePlaypen.com
If you believe content which you are depicted in but do not consent to being accessible on the Site or available for download by Members, is available on the Site please provide PleasurePlaypen with the following information:
(a) A physical or electronic signature of the person depicted in the content who is requesting it be removed from the Site.
(b) Identification of the content in question and information reasonably sufficient to permit PleasurePlaypen to locate the content;
(c) Information reasonably sufficient to permit PleasurePlaypen to contact the person depicted in the content requesting the removal, including a name, address, telephone number and email address;
(d) Information reasonably sufficient to permit PleasurePlaypen to verify the complaining party is depicted in the content in question;
(e) A statement that the complaining party has a good-faith belief that use of the content on the Site is not authorized by one or more of the parties depicted in the content;
(f) A statement that, under penalty of perjury, that the complaining party is authorized to act on behalf of the person depicted in the content.
For notice of claims of revoked consent of content on this Site, PleasurePlaypen can be reached as follows:
OYS
PO Box 801
Dover, TN 37058
Email: customerservice@PleasurePlaypen.com
Upon receipt of notice as described above, PleasurePlaypen will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site, and/or termination of the Member's account. All complaints will be responded to within 7 days.
4. As a agent, you may earn money. If you do, we need to pay you.
(a) By utilizing services you may earn money that can be paid to you. The Member who initiates a transaction is solely responsible for payment of any and all fees for the transaction. PleasurePlaypen shall not be obligated to pay any fees for which PleasurePlaypen has not been fully paid by the Member or Member's credit card issuer or bank, as applicable. You hereby authorize PleasurePlaypen to collect payments from Members on your behalf for any and all transactions that you conduct. PleasurePlaypen will credit to your Member account the fees collected less PleasurePlaypen's commissions and connection charges, any tax withholdings required by law, and any refunds, discounts, chargebacks, and chargeback fees payable by PleasurePlaypen (the "Net Fees").
(b) PleasurePlaypen acts only as an interface to facilitate communications initiated between Members. As a agent, you are not an employee, agent, or contractor of PleasurePlaypen, and you shall not represent that you are any of the foregoing. You are solely responsible for all equipment necessary to access and use the Site and services, and for reporting and payment of all taxes associated with fees transferred to you by PleasurePlaypen.
(c) As a agent providing services you may charge a fee for interactions with other Members. PleasurePlaypen may retain a connection charge for Live and Recorded Calls and will retain a commission which will be a percentage of the price chosen by the agent for Live Calls, Recorded Calls, Chat, Tributes, and other services. If you choose to allow members to subscribe to your agent Feed to access exclusive content, monthly subscriptions will be credited to your account monthly for each subscriber. PleasurePlaypen will distribute earnings to you from your Member account in US dollar denominations by either by check or direct deposit designated by you in your PleasurePlaypen account and may charge a fee for these distributions. Please email customerservice@pleasureplaypen.com for details. PleasurePlaypen reserves the right to change these commissions and fees.
(d) PleasurePlaypen reserves the right to restrict payment to a Member for any reason and in its sole discretion. Further, PleasurePlaypen reserves the right to withhold issuing payment for your fees without notice on any transaction which in our sole discretion suggests that the Member or Member's bank may not fulfill his or her payment obligation. PleasurePlaypen reserves the right to hold funds beyond the normal distribution periods for transactions it deems suspicious to ensure the integrity of the funds.
5. We've got a few Notices and Disclaimers.
(a) The Site and any services obtained through the Site are provided "AS IS" with no warranty of any kind. PleasurePlaypen expressly disclaims all warranties, express or implied, regarding the Site, services, and all communications between Members made through the site, including any implied warranty of quality, availability, merchantability, fitness for a particular purpose or non-infringement. In addition, PleasurePlaypen makes no representation or warranty that the operation of the Site will be error-free.
(b) The contents of this website are protected by copyright and may not be copied or otherwise reproduced without PleasurePlaypen's written permission except as expressly set forth above. You may not publish, or create derivative works from the contents of this website for any public or commercial purposes. PleasurePlaypen owns and retains all rights in or to certain trademarks, trade names, service marks, logos, and/or slogans, whether now existing or hereafter created, whether now existing, or hereafter created, including but not limited to PleasurePlaypen.
(c) Under no circumstances will PleasurePlaypen be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with the use of the Site or services, whether or not PleasurePlaypen has been adviced of the possibility of such damages. Without limiting the generality of the foregoing, PleasurePlaypen and its suppliers' aggregate liability to you arising with respect to this agreement will not exceed the greater of (a) the total fees actually earned by PleasurePlaypen from you (after payments to Members and other third parties) in the previous twelve (12) month, and (b) one hundred dollars ($100). PleasurePlaypen will not be liable for the consequences of any interruptions or errors.
(d) You further agree to hold harmless, defend and indemnify PleasurePlaypen, and its employees, subsidiaries, agents, and representatives, from and against any liability arising from or in any way related to your use of the Site or provision of services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature, known and unknown, foreseeable and unforeseeable, disclosed and undisclosed. In each case, PleasurePlaypen will provide you with written notice of such claim, suit, or action. PleasurePlaypen shall have the right to withhold payments to you to offset liabilities and expenses covered hereunder.
6. Arbitration
Any controversy or claim arising out of or relating to these Terms of Service, the breach thereof or its subject matter shall be settled by binding arbitration in accordance with the consumer commercial arbitration rules of the American Arbitration Association. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Clarksville, Tennessee, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding anything to the contrary, PleasurePlaypen, the Member or any other party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
7. Some final words
If any provision of these Terms of Service is held to be invalid or unenforceable, the provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. PleasurePlaypen's failure to act with respect to a breach by you or others does not waive PleasurePlaypen's right to act with respect to subsequent or similar breaches. The failure of PleasurePlaypen to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. These Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Tennessee. The parties acknowledge that these Terms of Service evidence a transaction involving interstate commerce. The Federal Arbitration Act shall govern the interpretation, enforcement and proceedings pursuant to the arbitration clause in these Terms of Service.
Phew! You're done! Thanks for taking the time to read our Terms of Service. Why don't you reward yourself by giving one of our agents a call. If you have any questions drop us a note at customerservice@PleasurePlaypen.com.
Mailing Address
OYS
PO Box 801
Dover, TN 37058