Clause: www.onlykinky.com – Content
The terms of this agreement (the “Agreement”) shall govern the relationship between I/you (as Guest and/or Member) and , subject to your identified country/place of residence, either JWS Americas S.à r.l., a Luxembourg law governed private limited liability company with registered address at 44, Avenue John F. Kennedy, L-1855, Luxembourg, Grand Duchy of Luxembourg, registered with the Luxembourg Trade and Companies Register under number 249.539 provided you are identified as based in the United States of America or JWS International S.à r.l., a Luxembourg law governed private limited liability company with registered address at 44, Avenue John F. Kennedy, L-1855, Luxembourg, Grand Duchy of Luxembourg, registered with the Luxembourg Trade and Companies Register under number 249.566 provided you are identified as based in any other country but the United States of America (JWS Americas S.à r.l. or JWS International S.à r.l. where relevant being hereafter referred to as “Website Operator”) regarding the use of services on www.onlykinky.com website. In this agreement “www.onlykinky.com” refers either to the Website Operator or to the www.onlykinky.com website as operated by the Website Operator subject to the applicable context.
- Member/Customer/Subscriber – The visitor who signs up to the services of the site.
- Guest – The visitor who enters on and/or visits the www.onlykinky.com website without registering to the services of the site.
- Adult Service Provider (ASP)/ Performer/Model – A physical person older than 18 (or 21), depending on the jurisdiction, who provides shows, chats or interacts with Members and Guests of the site.
- Credit Balance – At www.onlykinky.com, Members have the opportunity of obtaining Credits to pay for premium services, by purchasing packages. Payments are securely processed by our payment processors, and the purchased Credits consequently appear on the Member’s account as a balance.
- Free Chat – An uninhibited option to interact with Adult Service Providers in a form of writing on-screen text messages.
- Private Chat – In Private Chat, Members are permitted to write or even talk (voice communication) with ASPs face-to-face, in exclusion from the general users.
By entering and/or registering on the website you give your consent to and accept the following:
- www.onlykinky.com is an online adult interactive website (including nude and non-nude erotic and sexual content). Therefore, its access by minors is prohibited. The access to www.onlykinky.com is not recommended to persons who might be sensitive to adult entertainment content, any eventual access of www.onlykinky.com by such persons will be their sole responsibility.
- The adult entertainment provided on the website is rendered by female and male individuals over the age of 18 spread worldwide, who are commonly designated as Adult Service Providers (ASP).
- The Adult Service Providers (ASP) chat and carry out live webcam shows, in front of their camera, for subscribers all over the world, who have selected them according to live streams, images, offline (teaser) and paying videos.
- www.onlykinky.com offers ASPs in several different categories which may change by time to time. Nevertheless, please note the followings:
- In Hot Flirt category, nudity or sexually provocative behavior is forbidden on free chat. In private chat however the Models are free to decide what kind of show they are willing to provide.
- In Soul Mate category and in all of its sub-categories, e.g. Dancer, etc., Models are not supposed to provide or imply any sexually explicit content, be it written, image or a live camera feed. They chat within the subject specified by their subcategory.
- In all other categories you can request a nude erotic show during Private Chat in accordance with the Willingness setting of the chosen Model. As a general rule, models are not allowed to provide nudity or any sexually explicit content in Free Chat area.
- www.onlykinky.com uses the two most popular industry-standard technologies on its pages for the sake of perfectly customized content and to grant the greatest comfort available. At www.onlykinky.com the subscriber is a King!
Clause: www.onlykinky.com - Services and warranties
- www.onlykinky.com is divided into specific areas, which provide free and payable Adult Entertainment services. www.onlykinky.com is constantly adding new services in order to accommodate its subscribers' requirements.
- Prior to selecting the services intended, it is important to consult the content, price list and means of payment (credit and debit cards, online checks, etc.) established for such services for your country. This information is available on the website.
- The publication of different content on the website does not mean that www.onlykinky.com supports the author or takes the responsibility for such content.
- www.onlykinky.com makes, to the extent permitted by law, no warranties or representations as to the information, services or products provided through or in connection with the service. Subscribers' and/or Guest's use of the service is at their own risk.
- www.onlykinky.com seeks, at all times, to provide each subscriber with the best contents and services available. However, it cannot give warranty of merchantability, fitness for any purpose, or non-results of the use of the content in terms of their correctness, accuracy, timeliness and reliability or otherwise.
- Neither www.onlykinky.com nor any party involved in creating, producing, or delivering the service or content is liable for any direct, incidental, consequential, indirect or punitive damages arising from the access to, use of, or interpretation of, the services, products or information provided by or through www.onlykinky.com, without prejudice to the terms established below in the present Agreement.
- Upon an explicit approval from the customer ( Via email, or chatting mode), www.onlykinky.com - Customer Service Team will initiate a remotely controlled session to access the customer’s computer in order to fix technical problems or to gain system information to find origin of an error.
By expressing their approval to a ‘remote control session’, the customer undertakes and agrees to waive any legal action they may have against www.onlykinky.com as well as its staff, in relation to the remotely controlled session.
- If an Adult Service Provider (ASP) is highlighted as an “Exclusive Model only available on www” it means the ASP has an exclusive service agreement directly or indirectly signed with the Website Operator. Therefore, you can find that ASP only on www.onlykinky.com and on websites where the content is provided by the Website Operator.
Clause: www.onlykinky.com - Principles
- www.onlykinky.com has no intention to support immoral interests; therefore strict rules have been set forth.
- As a Platinum Sponsor Member of the Association of Sites Advocating Child Protection (ASACP) and member of the Restricted to Adults Association (RTA), as well as of the Internet Content Rating Association (ICRA), www.onlykinky.com is committed to the protection of underage individuals.
- www.onlykinky.com's services are only available for persons over the age of 18 (21 in some regions). Therefore, no sexually explicit material is within the easy reach of minors.
- Persons under the age of 18 (21 in some regions) are also not allowed to be Adult Service Providers (ASP). Consequently, all Adult Service Providers (ASP) were 18 years of age or older (21 in some regions) during the time of photography, as per proof of age held by the custodian of records. Under no circumstances does www.onlykinky.com present Adult Service Providers (ASP) as children.
- All Adult Service Providers (ASP) must fulfill three major requirements:
- signing of an agreement declaring, namely, the genuineness of personal data and age provided;
- providing of a scanned copy of his/her photo ID;
- providing of a photo taken of the Adult Service Provider (ASP), holding his/her photo ID next to his/her face.
- The accounts of the Adult Service Providers (ASP) are immediately and permanently suspended if they violate www.onlykinky.com's principles.
- At www.onlykinky.com there is a zero tolerance policy related to child pornography (written or visual). In case of the slightest suspicion, the account in question is immediately and permanently closed and the appropriate authorities may be contacted.
- www.onlykinky.com reserves the right to apply immediate and permanent suspension in case a screen name is offensive, refers to minors or upon the slightest suspicion of forgery.
Clause: www.onlykinky.com - Subscribers
- In order to subscribe at www.onlykinky.com it is mandatory to be at least 18 years old or 21 in some regions, in compliance with the local regulations applicable to the subscriber.
- By registering on www.onlykinky.com and by accepting this Agreement, the Subscriber hereby expressly consents to the supply of services from this website during the withdrawal period and the Subscriber expressly acknowledges that he/she is expressly losing his/her right to any withdrawal/cancellation right as regards the supply of said services. The above express consent is acquired in accordance with the Directive on Consumer Rights (2011/83/EC) as of 25 October 2011, transposed in Luxembourg by the Law of 2 April 2014.
- By registering on www.onlykinky.com and by accepting this Agreement, subscribers agree to indemnify, pay the costs of defense and hold harmless www.onlykinky.com, its officers, directors, affiliates, attorneys, shareholders, managers, members, agents and employees from any and all claims, losses, liabilities or expenses (including reasonable attorneys' fees) brought by third parties arising out of or related to their conduct, statements or actions, as well as breach of any term, condition or promise contained herein and unlawful conduct in the framework of this agreement.
- In case of Subscriber's unlawful conduct or breach of the present Agreement, www.onlykinky.com may terminate, without notice, subscriber's account and/or anything associated with it.www.onlykinky.com shall not be held responsible for any possible loss as a result of such termination nor for any credit compensation or refund. www.onlykinky.com shall be entitled to suspend relevant Member(s)’ account(s) and Members from the use of the Website and/or terminate unilaterally Member(s)’ account(s) with immediate effect, if www.onlykinky.com believes that a Member does not or did not meet the requirement(s) stated in these Terms and Conditions. In case of termination of the present Agreement caused by a breach, unlawful misconduct or suspicion that a Member did not meet the requirement(s) stated in these Terms and Conditions, www.onlykinky.com shall be further entitled to discretionarily ban any related credit cards and/or payment means (without time limit) associated with such account(s) that it is/are to be terminated when circumstances do justify such measures.
- The present agreement shall be effective as from the date when the Guest enters www.onlykinky.com and/or the Subscriber registers on www.onlykinky.com and accepts this agreement and shall remain in force until duly terminated by either party in full compliance with the terms and conditions expressly set forth in this Agreement.
Clause: www.onlykinky.com - Fees, Credit Compensation, Refund and Unlawful Conduct
- The subscribers may purchase credit packages to spend in the available areas of Adult Entertainment; therefore the selection of services must be preceded of the consultation by the Subscriber of the correspondent content, price list and means of payment made available on the website.
- Text chat with dressed Adult Service Providers (ASP) is free, but if a subscriber wants to access the full feature service (including undressed Adult Service Providers – ASP and private show) he/she must click on “A Private Show with this Performer” button and from that point on stays in the video chat room with the Adult Service Provider (ASP) entering into a private mode where the purchased credits are used on a per-second basis. Subscribers acknowledge that ASP have the right to temporarily limit free text chat feature for Subscribers who have not yet purchased credit packages
- Subscribers may use the option Quickbuy during private shows with Adult Service Providers (ASP). The use of this feature will allow Subscribers’ to, immediately and manually, top-up their credit balance with the chosen package during the show.
- Subscribers may also use the SmartBuy feature to enjoy private shows without interruption. The feature allows the system to automatically top-up a Subscriber’s credit balance whenever the account balance falls below 7 credits. By default the SmartBuy purchases a 27.99 package, however the member has the option to change the SmartBuy purchase amount.
- Subscribers are notified about the referred auto-purchase each time it occurs, via an automatic email notification and can deactivate the feature under their Account Settings.
- If a transaction is declined by the bank, the SmartBuy feature will be automatically deactivated. After the member makes a successful purchase, the Smartbuy feature will be activated again.
- The use of any of the referred options will charge the default payment method set by the Subscribers.
- Exception made of certain logistics constraints and arrangement that may occur internally, billing of a given account (the actual price payable for credit packages) depends on Member’s country localisation where the first purchase has originated from, such element to determine the Website Operator with which Member is registered with. In certain cases, however, billing may be made on behalf by another Website Operator in charge for them to recharge one another internally without impact for the Member. In such cases, the billing by a Website Operator different from the one Member is contracted with shall not result in any change for the use of the Website services by the Member and will not result in any additional fee nor loss of credits or of rights for the Member. Irrespective of such billing on behalf as the case may be, the Member shall, at all times, be deemed to be contracted with the Website Operator based on earlier localization (exception made of a change of permanent place of residence as separately notified to the Website Operator). The Member authorizes such billing arrangement as the case may be. Please take into consideration that www reserves the right to round prices to the nearest whole number.
- For billing information and support, please liaise using relevant contact details that pertain to the Website Operator that you are registered with, such details as further indicated under Clause 13 below.
- For banking expenses information, each subscriber should consult directly his/her bank.
- www.onlykinky.com will not take responsibility for any difficulty occurring outside www.onlykinky.com.
- Any complaint must be placed, within 24 hours counted from the occurrence, at www.onlykinky.com - Customer Service. Given the complexity and particularities of the procedure to determine the righteousness of the complaints placed after the referred 24 hour period, these shall only be acknowledged in cases of force majeure.
- www.onlykinky.com - Customer Service team may, whenever deemed necessary, carefully investigate reports and other data at its disposal, resorting to any existing means for such effect.
- In accordance with the Subscriber’s express waiver of withdrawal/cancellation right pursuant to clause 4.2 to the present Agreement, no refund or cancellation request will be accepted in the case the Subscriber has begun to consume the credit package purchased. Some refunds are however possible subject to the conditions set forth in the following clauses.
- www.onlykinky.com will only compensate/refund credits in the amount proportionally determined in accordance to the price paid and problem effectively reported when any credit is lost due to dysfunction of www.onlykinky.com or an Adult Service Provider (ASP) in the “Nude Only” part of the site totally and explicitly refuses to provide erotic content. In case some erotic content is provided, www.onlykinky.com will assess the situation and decide whether the claim of customer is grounded and any compensation/refund of credits is due. Models in Hot Flirt category are free to choose the rate of erotic content in private shows. However they are not allowed to make fake promises, which they will not fulfil in the end. Models of this category are not required to provide erotic content, but during private show they are allowed if they agree on it.
Subject to the terms and conditions hereof, every Subscriber shall be made aware that when he/she is considered as First Member (such term as defined below), it is recommended for him/her to indicate and/or repeat any specific request towards an Adult Service Provider (“ASP”) from the onset of the private chat in case the private show is not in line with his/her expectations, also allow enough time for the ASP to meet such request. Merits of Subscriber’s claims for refund based on unmet requests will not be considered if the Subscriber (as First Member, such term as defined below) fails to follow the above recommendation.
The subscriber(s) shall further understand and accept that when joining an already ongoing Private show initiated by another subscriber (the latter being referred to as the “First Member”), the subscriber(s) that is/are subsequently joining such performance (the “Subsequent Member(s)”) is/are deemed passive participant(s) to the extent that the service provider(s)/Model(s) is/are only required to follow First Member’s requests. As a result and in such cases, the Subsequent Member(s) shall not be entitled to any compensation or payment refund, exception made of www.onlykinky.com malfunction that can be properly demonstrated by the Subsequent Member(s).
Besides the Private Chat, the Subscribers may also contact the Adult Service Providers (“ASP”) via offline chat messages or, if the ASP is available, through a Video/Voice Call. Please note that Subscribers may not make specific requests to an ASP via a Video/Voice call.
- Due to the payment system applied by the Website Operator and third-party payment processors and provided that cash refund conditions are met, cash refunds shall only apply for the same amount as that originally paid upon a certain credits package purchase provided that the related credits balance has not been used or spent, even partially. As a result, no partial cash refund of credit packages bought is ever possible. This therefore means that whenever a credits package balance is partially used (including credit rewards), a refund may only take place in the form of credits (and not cash) up to existing prior credits balance, subject to eligibility conditions. Eligible cash refunds, will be processed using the same payment method applied to the credits package originally purchased and for which the refund is requested. As a result of a cash refund, the corresponding amount of credits will then be deducted from your account's balance. You shall remain aware that certain payment methods do not allow any refund due to underlying technical restrictions pertaining to their use.
- Amounts spent on related services, such as VIP show tickets, Buy My Content, Tip, Surprise, Sneak Peek, Snapshot feature, Messenger, offline/private messages, Video/Voice Calls, Goodies Basket, and/or MyStory subscription, are not subject to refund/compensation. Snapshot(s) of a Performer shall remain visible as long as such Performer account is active and not closed on the website. Please note that all Free Peeks are deemed to expire 168 hours as from the date and time of the latest Free Peek receipt issued by the Website Operator.
- Notwithstanding the above, www.onlykinky.com will not be liable for any defamatory, offensive or illegal conduct of any Guest/Subscriber, or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of or use of records, whether under contract or tort theory, or under any other cause of action, for any amount over and above the amount paid by the Subscriber to www.onlykinky.com.
- Under no circumstances, including, but not limited to, negligence, shall www.onlykinky.com or any of its related, affiliated companies be liable for any direct, indirect, incidental, special, consequential or punitive damages that result from the use of, or the inability to use the service, without prejudice of the established in the present clause.
- The website and all of its features must be used at all times in line with their purpose and intended use. Any dishonest behavior, action, maneuvers of any kind, inclusive of attempt(s), with special regard to the circumvention of applicable rules (whether written or implied) may lead to the immediate suspension or termination of the Member’s account. Please note that the Website Operator is entitled to act accordingly on the basis of conclusions drawn from circumstantial or factual information brought to its attention either through website monitoring or by any other means within the scope of legality. Please note particularly that the creation of several accounts by a same user to proceed to multiple votes and unfairly alter (or attempt to do so) the results of the Models AWARDS game fall into the above mentioned category and may result in the termination of each of your Member accounts with www.onlykinky.com. Cases of dishonest or fraudulent behaviors related to online transactions are deemed a high priority. Such cases may be outsourced to dedicated and reputable service providers, within the framework of the applicable data privacy regulation.
- The subscriber accepts that in case of any fraudulent transaction www.onlykinky.com has a right to use all available information at its disposal during any kind of legal procedure. Including, without the claim of completeness, browser history, IP and email addresses and any other traceable activity. During such legal procedures www.onlykinky.com might involve other, professional investigator parties and share certain information in order to comply with law requirements, vindicate its rights and represent the best interests of its Customers. The Subscriber will stay liable for investigation or collection costs related to any fraudulent transaction.
- www.onlykinky.com grants full cooperation to legal authorities investigating fraudulent transactions and other matters falling under legal jurisdiction and responds to subpoenas and court orders. For this reason subscribers may only use their own payment methods on our websites.
- Please take into consideration that www.onlykinky.com reserves the right to round payments to be paid as a compensation / refund, and therefore, www.onlykinky.com shall be entitled to apply rounding.
- Please note if being a new user is a condition for receiving any rewards then a new account registration on www.onlykinky.com is not considered to be a new user. Bonus/Free credits are only available for one time for new purchases of first time users on only one of the websites operated by the Website Operator. Credits or other rewards are not available with CCBill and phone purchases. Rewards are not part of the purchased credit package, and therefore refunds are NOT possible after spending/using them on our website.
- Please note that if a one-time promotion offer is advertised on any credit package, then such promotion shall apply only once per existing or new user where applicable, regardless of the number of registered accounts (existing and/or newly created) any such user may have and/or regardless of any other circumventing methods he/she may use. Otherwise, the purchase will be processed without the discount and the amount of credits obtained will be limited to the equivalent without the promotion. Please also note that neither discounted credits purchased, nor any credits from accounts which have promo credits can be transferred to any other user or Member account. Notwithstanding anything to the opposite hereof, it shall be underlined that promotion(s) and related promotional credits are not applicable/available to user(s) using any of the following payment method(s): Pay by Phone, Pay With Any Gift Card, Bitcoin/Litecoin, Altcoins and Paysafecard, or to those Members who choose or accept their payments to be processed by CCBill. Kindly note also that during any promotion(s) the credit packages that exceed 157.99 credits shall have the same benefits and/or extra credits (as the case may be) as the 157.99 credit package.
- New subscribers may validate their credit card with a minor transaction for which they are entitled to 9.99 promotional credits. The amount of the validation transaction will be immediately refunded to the credit card holder. The aforementioned promotional credits are not available for those users who already have a membership on www.onlykinky.com or any other website operated by the Website Operator.
- All currency and transaction related costs are included in the displayed price of credit packages. www.onlykinky.com reserves the right to modify the prices incurred from the fluctuations of currency exchange rates.
- Please note that the abusive exercise of the credit card and/or e-mail address validation may lead to the termination of this agreement by the website operator with the user. In that regard please also note that only that credit spending is accounted to a model’s weekly awards game which is deriving from a credit purchase of the same member account.
- Pursuant to the rules of the Club Elite program as defined on a separate page in the Subscriber’s account, Subscribers receive Club Elite level points only after they spend credits. Credit spending subject to refund or chargeback shall not increase the Club Elite level points. There is a daily drop of Club Elite level points set for each rank differently. Such drop occurs every day, regardless of your activity on the website. Please note that the level points cannot be transferred or shared between Subscriber accounts, regardless of the two accounts belonging to the same person. With the closure of the Subscriber account, all Club Elite level points will be lost and cannot be recovered. Please contact the Customer Service Team if you do not wish to participate in the Club Elite program. By the sole acceptance of this Agreement the Subscribers acknowledge and agree that they have read and understood the rules and regulations of the Club Elite program.
- Each Member participates in the Club Elite program by registering on www.onlykinky.com. In the scope of the Club Elite program, Members receive level points based on their credit spend in a given month. The more level points they have the better Club Elite rank they achieve, so a simple Member can become a Casanova (Rank VI. – see it here). There is a multiplier rendered to each rank that helps the Members collect more Club Elite level points.
- The Member will earn a higher rank if he/she collects the necessary amount of level points within a calendar month. This newly achieved rank will be kept until the end of the following calendar month. Only that portion of the level points that exceeds the threshold for the newly achieved rank will be carried forward to the next calendar month. All other level points will be reset and lost on the first day of the new calendar month. Please note that the level points drop each day regardless of your daily activity, and the volume of such drop is set for each rank differently.
- Members can go to Settings to make adjustments at any time if they want to share their Club Elite ranks with other Members or with the Performers. Any Member can terminate his/her participation in the Club Elite program by sending such request to the Customer Service Team.
- By paying for a video or an album on the Performer’s page such content will be visible for you for 90 days. Please note that even within that 90 days the Performer has the right to change the content anytime. If the Performer’s account is terminated for any reason his/her content will not be available anymore on www.onlykinky.com.
- The Member who spends the most credits in aggregate on a Performer in free chat by Surprises as of last reset time will be awarded with the “King of the Room” title for 24 hours, unless another Member gives more Surprise credits in the same chatroom over the same time period. The “King of the Room” title does not entail other advantages or benefits and it is applicable to free chat only.
- The Website Operator may launch referral programs from time to time, and if any such program is ongoing, the below rules will apply to it:
You are entitled to a certain amount of credit reward (not refundable or exchangeable to money under any circumstances) if a new Member, i.e., a person who has never registered on any of the websites operated by Duodecad IT Services Luxembourg S.à r.l., arrives to www.onlykinky.com from your referral link, registers as a Member and makes their first successful purchase on www.onlykinky.com. At the same time such new Member will also receive a certain amount of credit reward.
Please note that any attempt of abusing the referral system will result in the suspension or termination of your account. All forms of spamming are prohibited, therefore, please invite only your friends to www.onlykinky.com with the referral link and carefully read Clause 11 herein about spamming.
The Website Operator reserves the right to modify and/or suspend any referral program, at any time, without prior notice.
- Please note that certain transactions are processed via American Payments United, Inc., a corporation registered with number 7668152 at the Delaware Secretary of State and with registered address at 16192 Coastal Highway, Lewes, Delaware 19958, County of Essex, USA.
- Free Private Minutes. The Website Operator may launch promotional offers from time to time, where you may receive free seconds/minutes of Private Chat to be used with Models. Further specific conditions may apply depending on the promotional offers.
Clause: www.onlykinky.com - Subscriber's and/or Guest's Declarations
- I am fully aware that www.onlykinky.com transmits Adult entertainment content to its Guests/Subscribers.
- I am fully aware that viewing adult content is only allowed for viewers of at least 18 years old or 21 in some regions.
- I expressly declare that, on the present date, I have reached the necessary age to view adult content in accordance to my local regulations.I declare that I have full legal capacity and mental capacity to enter freely into the present Agreement and to use/view related services without restriction. I declare that I shall not use the present services if my capacity may be altered for any reason.
- I currently reside in the country which I truthfully and accurately indicated in the form provided to register into www.onlykinky.com and undertake the duty to immediately inform, within 24 hours, of any change of residence by sending an email to firstname.lastname@example.org. Moreover, I acknowledge that the Website Operator is obliged to collect any applicable taxes based on my residence as a Member.
- I acknowledge that the above referred duty shall only be considered to be duly accomplished until www.onlykinky.com issues the confirmation that the above mentioned changes have been well received.
- I am fully and exclusively liable for any false declarations regarding my residency and for not informing www.onlykinky.com of its change in compliance with the above mentioned terms.
- I also certify that I am aware of my criminal liability and, therefore, will act, under all circumstances, in accordance to my local community standard of morality and applicable laws.
- I believe that, as an adult, I have the inalienable right to read/view any content I deem advisable.
- Reading and/or viewing content on the website does not in any way infringe the norms or law of my neighborhood, village, city, county, state or country.
- I am fully aware that all contents and materials provided on www.onlykinky.com, included but not limited to live camera streams, images, graphics, applications and texts are duly protected by the applicable legislation, being all rights reserved. Therefore they shall be for my own exclusive personal use.
- I am fully aware of and agree that www.onlykinky.com can grant full cooperation to legal authorities investigating fraudulent transactions and other matters falling under legal jurisdiction as well as responds to subpoenas and court orders.
- I acknowledge that www.onlykinky.com and its affiliates cannot be held responsible for any legal ramifications that may arise as a result of fraudulent entry into, or use of, this website and/or material contained herein.
- I also acknowledge that www.onlykinky.com or any of its related, affiliated companies cannot be held responsible for any damages or losses originating from any contact with Adult Service Providers (ASP).
- I understand and accept that under no circumstances shall www.onlykinky.com or any of its related, affiliated companies be liable for any direct, indirect, incidental, special, consequential or punitive damages that result from any false disclosures that may arise, violation of the rights of subscribers, prostitution, pedophilia, child pornography, illegal abuse, exploitation or traffic of women and/or children.
- I agree and acknowledge that intellectual property rights (including but not limited to right to use, adapt, translate, etc.) to any content (e.g. chat, messages, pictures, videos, etc.) created, published or otherwise made public to me on www.onlykinky.com belong to www.onlykinky.com.
- I hereby expressly declare not to use www.onlykinky.com services to promote any content and/or product that belongs to competitors of the Website Operator. Any attempt to use on www.onlykinky.com the competitors’ official sites’ brand names and/or trademarks and/or any other reference to www.onlykinky.com competitors, including misspellings thereof, will be considered as unfair trade and marketing practice and will be prosecuted to the fullest extent allowed by law. I hereby acknowledge and agree that the violation of this clause may implicate the immediate termination of my account.
- I expressly authorize www.onlykinky.com to monitor and record my online activities on the website limited to messages in private chats, comprising my requests for www.onlykinky.com services, emails, votes, tips and/or surprises sent/given to Adult Service Providers and similar.
- I acknowledge and agree that any material recorded or any original work made under this Agreement and/or when using www.onlykinky.com services (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of www.onlykinky.com.
- I hereby expressly waive any rights and declare to withdraw any claim that any use by www.onlykinky.com violates any of my rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set for therein.
- I declare and acknowledge that I am not acting on behalf of a legal person but as an individual consumer and in no event the purchase of services under this Agreement could be considered as being part of my professional activity.
Clause: www.onlykinky.com - Subscriber's and/or Guest's Duties
- I agree not to copy, reproduce, republish, download, transmit and/or make available to the public any of the content/materials of www.onlykinky.com, without the prior written consent of www.onlykinky.com.
- I am fully liable for any false disclosures and responsible for any legal ramifications that may arise from viewing, reading, or downloading of material and images contained within this website.
- I will never expose minors to the content of the website and will take on full precautions to avoid any type of exhibition or access of the minors to the website, namely, for example, by not including the website in their list of favorite sites to visit. I will be solely responsible in case any minor would access www.onlykinky.com through my account or by using my credit card details.
- I assume full responsibility to maintain the security of my account and password.
- I will not give out personal information, provide or support escort services and/or prostitution.
- I will not arrange personal appointments with any Adult Service Provider (ASP), since it is prohibited, and will not exchange my telephone number with an Adult Service Provider (ASP)/Subscriber or in any other way try to have any physical contact with an Adult Service Provider (ASP)/Subscriber. In any event, I acknowledge that www.onlykinky.com would not be liable should by breaching these Terms & Conditions I would try to have a physical contact with an Adult Service Provider (ASP)/Subscriber. I am aware that in case it is proven that I arranged personal appointments with an Adult Service Provider (ASP) or attempted to do so, I can be banned from the Website and my account will be closed without any right of compensation.
- I will not use obscene words, threaten or quarrel with, or violate the rights of visitors, ASPs, www.onlykinky.com support persons or management of the website, since it is prohibited.
- Text content sent or forwarded and the chosen user name will not be offensive, will not suggest pedophilia, adolescence, bestiality or zoophilia, or refer to elimination or consumption of any bodily waste.In addition, the username that you choose when registering on the website shall never contain any personal information about you (such as your real name) or information that may allow another person to connect it to your real identity (such as your public username you use for social platforms, like Facebook, Twitter, etc.). In case you decide to choose a username which can lead to your identification, please note that you are fully responsible for such action and that we cannot be held responsible of any identification another user of our site can make).
- I will not use remarks and user names that are unacceptable by the standards of good taste, suggesting violation of the law or deceiving others.
- I will inform, immediately, www.onlykinky.com of any unlawful conduct of the ASPs, as well as of any unlawful use of trademarks, brands and/or registered music.
Clause: www.onlykinky.com - Tip, Surprise, Jasmin Gift, and Goodies Basket
- As part of the online entertainment services on the Website the Members may send credits or clothing items to a Model (the “Surprise” or “Tip”, and the “Jasmin Gift” services, respectively). Please note that sending a Jasmin Gift is not available to all Models and Members cannot send a Gift item that a Model has already received. The Member may choose the Gift item while its color and size are selected by the Model. The delivery of the Gift item is organized by the Website Operator. The credit prize of sending a Jasmin Gift is inclusive of all taxes and shipping fees.
- Unlike the Surprise or Tip, the Jasmin Gift needs to be accepted by the Model. Should the Model reject a Jasmin Gift or the Model does not accept the Gift within seven (7) days, the Member who sent such Gift will receive a credit refund. Otherwise, the Surprise, Tip, and Jasmin Gift services are not subject to any refund/compensation and the withdrawal/cancellation rights of clause 4.3. apply.
- Goodies Basket. Members are offered to participate in a credit pool (the “Pool”) on the profile page of some Models (the “Participating Models”), with the aim of reaching a certain amount of credits in the Pool (the “Goal”) within a period of six months (the “Participation Window”). The value of the Goal is available on the profile page of each Participating Model. Once all participations in the Pool of a Participating Model reach the Goal, a basket of Jasmin Gifts (the actual value of which is determined by the value of the Goal) shall be sent to the Participating Model.
- If the Goal is not reached within the Participation Window for a Participating Model, the Participating Model shall receive an alternative compensation of a value proportionate to the credits paid into the Participating Model's Pool, as agreed separately between the Website Operator and the Participating Model.
- If credits are paid into the Pool of a Participating Model in excess of the Goal, the Participating Model shall receive, in addition to the basket of Jasmin gifts, an additional compensation of a value proportionate to the credits paid into the Participating Model's Pool in excess of the Goal, as agreed separately between the Website Operator and the Participating Model.
Clause: www.onlykinky.com - Subscription Cancellation
- The subscribers have the option to unsubscribe at any time from www.com services.
- www.onlykinky.com reserves a right to suspend or cancel any subscription in case of breach of any term of this Agreement or any unlawful conduct of the Subscriber in the framework of this Agreement and to contact any relevant authorities, including but not limited to initiating any criminal complaint and contacting state prosecutor.
- As a Member, I have not and will not provide any false information and/or documents to www.onlykinky.com. Therefore, I recognize that www.onlykinky.com has the right to, immediately and unilaterally, terminate the present agreement upon the slightest suspicion of forgery.
- www.onlykinky.com’s system meets the security standards of PCI DSS, a standard set by Visa/MasterCard laying down stringent requirements.
- www.onlykinky.com employees’ access to any personal information of www.onlykinky.com subscribers is restricted and they are bound by confidentiality obligations. www.onlykinky.com’s Employees might be subject to disciplinary measures, including the termination of their contracts and in serious cases even criminal prosecution should they fail to meet these strict obligations.
Clause: www.onlykinky.com - Functionality and Security
- www.onlykinky.com is a Flash-technology based website which also uses the so-called “Shared-Object” technology in order to improve user experience.
- www.onlykinky.com suggests for the subscribers to enable “Cookies” in their browsers to ensure full functionality.
- The www.onlykinky.com Support Team monitors all camera feeds available on the website 24 hours a day, 7 days a week.
- Due to its precise, unique design, the website has never had any serious security breach.
- www.onlykinky.com is a Scam-Free Zone.
Clause: www.onlykinky.com - Spam
- www.onlykinky.com does not send spam messages and will not tolerate spam, distancing itself from any actions related to spamming.
- The following is considered to constitute a spam:
- Manipulating messages, such as email headers, sent to or through www.onlykinky.com computer systems in a way that may deceit subscribers of www.onlykinky.com.
- Relaying email from a third party's mail servers without the permission of that third party.
- Sending, relaying or causing to be sent false, deceptive information or that is otherwise against the business interest of www.onlykinky.com.
- Using or causing to be used www.onlykinky.com computer systems to facilitate the transmission of unsolicited or unauthorized material. This includes any promotional materials, URLs or any other form of unauthorized solicitation that you may upload, post, email, transmit, or otherwise make available.
- Uploading, posting, emailing, or transmitting the same message, URL, or post multiple times
- Disrupting the normal flow of dialogue by posting messages in quick succession, multiple times, using capital letters only or otherwise acting in a manner that negatively affects other users' ability to engage in real-time exchanges.
- Spamming through www.onlykinky.com system or disturbing its subscribers is a violation of Terms and Conditions of the site.
- www.onlykinky.com does everything in its power to protect its subscribers from deleterious effects of spamming.
- The use of all legal proceedings is considered in case of spamming inflicting a loss on www.onlykinky.com.
- Notwithstanding the above, www.onlykinky.com when authorized by the subscribers, within the terms of the present agreement, may send promotional emails about its own and about its partner-websites and every email will contain the option to unsubscribe from the mailing list.
- Registered subscribers may occasionally receive newsletters in relation to www.onlykinky.com. The messages sent to subscribers are transactional or relationship messages. Subscribing to and unsubscribing from these newsletters takes a single click. Any promotional messages will be only sent if the Subscriber has expressed its consent for receiving such promotional marketing services.
- In case subscribers would like to report spam, it is recommended the use of “Message to Support function” in “My Account” or the sending of an email to email@example.com. www.onlykinky.com Support Team investigates all reports as soon as possible.
Clause: www.onlykinky.com - Contacts
- Customer Service Department can be contacted from:
- Online Support Chat;
- “Message to Support” function of the subscribers’ accounts;
- Sending of an email to firstname.lastname@example.org or email@example.com.
- Sending of a letter to your respective Website Operator:
JWS Americas S.à r.l.44, Avenue John F. KennedyL-1855 LuxembourgGrand Duchy of Luxembourg or
JWS International S.à r.l.44, Avenue John F. KennedyL-1855 LuxembourgGrand Duchy of Luxembourg
Clause: www.onlykinky.com - Miscellaneous
- This Agreement sets forth the full and complete understanding between the Guests/Subscribers and www.onlykinky.com with respect to its subject matter, and supersedes all prior understanding or agreements, whether written or verbal.
- Unless contrary to law or otherwise stated, each provision of this Agreement shall survive termination.
- If any portion of this Agreement is deemed unenforceable by a Court of competent jurisdiction, it shall not affect the enforceability of the other portions of this Agreement.
- The prevailing party in any suit to enforce the terms hereof shall be entitled to recover his/her/its reasonable attorneys' fees.
- If www.onlykinky.com changes the terms of this Agreement, www.onlykinky.com will post an updated set of terms and conditions on the website and/or will post a change notice and/or send subscribers an email notice of the changes in advance of implementing the changes.
- If any modification is unacceptable to you, you shall cease using the www.onlykinky.com website and its services and be able to terminate your subscription (if any). If you do not cease using the www.onlykinky.com website and its services, you will be conclusively deemed to have accepted the change.
- You are not entitled to transfer or assign any of your rights and obligations under this Agreement, including your username and password, to another person without the prior written consent of the Website Operator. The Website Operator may transfer or assign its rights and obligations under this Agreement without limitation.
- The English version shall prevail of all legal statements, statutory declarations made by www.com, including the present Agreement. www.com does not accept any kind of legal claims, or other complaints for the misunderstandings as a result of any mistranslation. You are not entitled to transfer or assign any of your rights and obligations under this Agreement, including your username and password, to another person without the prior written consent of the Website Operator. The Website Operator may transfer or assign its rights and obligations under this Agreement without limitation.
- This Agreement and the relations arising out from it between www.onlykinky.com and the Guests/Subscribers will be governed by the law of Grand Duchy of Luxembourg.
- Any disputes arising between www.onlykinky.com and the Guests/Subscribers will be settled amicably and only when this solution is not efficient, the competent jurisdiction for the disputes arising from this Agreement will be the courts of the Luxembourg city.
- U.S. Patent Notice Under 35 U.S.C. § 287(a). Streaming on www.onlykinky.com may be covered by, among others, one or more of U.S. Patent Nos. 6,766,376; 7,716,358; 8,595,372; 7,490,053; and 10,567,453, based on claims of the holders of such patents.