Acceptance of Terms of Service
These Terms of Service ("TOS") constitute a binding agreement between you and the operators of VoyeurMonkeyNetwork.com ("Voyeur Monkey Network") regarding your use of the Voyeur Monkey Network website, the Voyeur Monkey Network community, and all other services provided by Voyeur Monkey Network (the "Service"). Please read the TOS carefully. By using the Service you agree to be bound by the TOS and by the Voyeur Monkey Network Privacy Policy. If you do not agree to any provision of the TOS, you should not use the Service.
The TOS may be revised from time to time without notice to you other than appearing on the Service. It is your responsibility to regularly check the Service and to review the TOS. Your continued use of the Service constitutes your agreement to all revisions to the TOS. The TOS were last revised on the 9th of April, 2016.
By accessing the Service you represent and warrant that you are at least 21 years old, that you have reached the legal age determined by the governing law of your country to view sexually explicit material, that you are accessing the Service from an a location where the content of the Service is legal and permitted, and that you will not permit any other person access to the Service who is not allowed to do so. Access to materials provided by this Service from jurisdictions where its contents are illegal is prohibited.
Provision and Modification of the Service
You may, in accordance with the TOS, view content provided through the Service and, to the extent permitted by Voyeur Monkey Network , download content or portions of content provided by the Service, to a single personal computer or other storage device. You may not otherwise copy, distribute, or perform the content of the Service, or create derivative works using that content.
You may, in accordance with the TOS, upload content, store uploaded content, and share uploaded content through the pertinent features of the Service.
You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. Voyeur Monkey Network disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any feature or software included in the Service. Voyeur Monkey Network disclaims all responsibility or liability for the acts or omissions of third parties whose services, software, content, or advertising may be utilized in connection with or provided by the Service, and you agree that Voyeur Monkey Network will not be liable for any such services, software, content, or advertising.
Voyeur Monkey Network reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The Service may be subject to interruptions, caused by Voyeur Monkey Network or others. You agree that Voyeur Monkey Network will not be liable for any modification, suspension, interruption or discontinuance of the Service.
Conditions on Use of the Service
Voyeur Monkey Network grants you permission to access and use the Service as set forth in these TOS, and in exchange you represent, warrant and agree as follows:
You will access and use the Service solely for your own personal use.
You will comply with all applicable laws and regulations in using the Service and any content of the Service.
You will not use the Service in any illegal manner or for any illegal purpose, in any other manner that could damage, disable, overburden or impair the Service, or in any manner inconsistent with these TOS.
You will not use any automated system, software, or device to use the Service or obtain content or information from the Service.
You will not use any automated system, software, or device to generate or send unsolicited communications to, from, or through the Service;
You will not collect personally identifiable information, including without limitation account names or e- mail addresses, from the Service or, nor use the communication systems provided by the Service for purposes of sending any commercial solicitation, except as expressly permitted by these TOS.
You will not upload, post, or otherwise transmit any material that contains software viruses or any other computer code designed to interfere with the functionality of the Service or any other computer software or hardware or telecommunications equipment.
You will not defeat or interfere with any security feature of the Service, or attempt to do so.
You will not alter or modify any content or component of the Service, other than content you have uploaded using the Service.
You will not reproduce, duplicate, copy, sell, trade, resell or exploit, for any commercial purpose, any content (other than content you have uploaded using the Service) or any component of the Service, or any use of or any access to the Service, without the prior written permission of Voyeur Monkey Network .
Your Conduct and Your Use of the Service
The Voyeur Monkey Network Service and all of its components are intended only for adults who may legally access and use them. The Service provides access to sexually explicit material. In addition, the Service may provide you with the ability to communicate with other users of the Service, to interact with performers online, and to upload, store, and share content.
"User Content"), and for the consequences of posting, publishing, uploading or displaying any User Content.
The Service provides you with the ability to upload User Content either through the Voyeur Monkey Network website, or through the VoyeurMonkeyNetwork.community. User Content uploaded through the Voyeur Monkey Network website will generally be made public. When you upload User Content through the VoyeurMonkeyNetwork.community, you may choose to keep the content private (meaning only you or another person with the ability to use the account you create will have access to the content), to share it with specific other members of the VoyeurMonkeyNetwork.community, or to make it public. You consent to the public dissemination of all User Content you submit through the Voyeur Monkey Network website, that you upload through the VoyeurMonkeyNetwork.community and designate as public, or that you communicate using any other feature of the Service that does not expressly provide for limited access to User Content. You understand that once made public User Content cannot be made private again. You understand and agree that User Content you communicate using the Service may be recorded, stored, copied and/or retransmitted by Voyeur Monkey Network , including but not limited to User Content that you upload through the VoyeurMonkeyNetwork.community and designate as public or to be shared with specified members.
You agree that you will not use the Service to post, transmit, or share User Content that you did not create or that you do not have permission to use and share through the Service. You affirm that you have all intellectual property rights (including without limitation copyright and trademark rights), licenses, and permissions that are needed to use and to authorize Voyeur Monkey Network to use User Content you provide in the manner described in these TOS. By submitting, uploading or posting User Content, you warrant that it does not infringe any intellectual property rights of another person.
You understand it is generally illegal to record or publish any sexually explicit video without the consent of all participants to the recording and publication of such material. You also understand that it may be illegal to publish any video or audio recording of another person for a commercial purpose without their consent. By submitting or posting User Content, you warrant that every person depicted in any sexually explicit material contained in the User Content has consented to the recording of that material and its publication in the manner contemplated by these TOS. Merely publishing or displaying User Content through the Service does not necessarily constitute using it for a commercial purpose. Nonetheless, by submitting or posting User Content you also warrant that you have obtained any and all permissions, releases, and consents necessary to record, publish and display the User Content for a commercial purpose.
You understand that it is illegal to possess or distribute any depiction of a minor engaged in any actual or simulated sexually explicit conduct. You agree that you will not use the Service to solicit, post, transmit, or share child pornography. The use of the Service to publish or transmit child pornography will not be tolerated. If identified, it will be reported to law enforcement authorities, and will result in termination of your account. By submitting or posting any User Content containing sexually explicit material, you warrant that you have determined, through personal knowledge or the use of appropriate legal forms of identification, that all persons depicted in any sexually explicit material are at least 21 years of age, and have reached the legal age determined by the governing law of your country to participate in the recording and publication of sexually explicit material.
You acknowledge that Voyeur Monkey Network does not promise that any User Content you submit to it or that you communicate using the Service will be maintained by Voyeur Monkey Network . You are solely responsible for creating backup copies of and replacing any User Content you submit to Voyeur Monkey Network or post on the Service, at your own cost and expense. You agree that Voyeur Monkey Network has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content. Voyeur Monkey Network retains the right to create limits on use and storage at its sole discretion, at any time, with or without notice.
By accessing or using the Service, you acknowledge and agree that Voyeur Monkey Network is engaged in the transmission, storage, retrieval, hosting, formatting or translation (or any combination thereof) of the User Content provided by the Service without selection or alteration of the User Content, and that all User Content provided by the Service is governed by section 230(c) of Title 47 of the United States Code (47 U.S.C. § 230(c)) and by section 2257(h)(2)(B)(v) of Title 18 of the United States Code (18 U.S.C. § 2257(h)(2)(B)(v).)
Rights to the Content on the Service
" Voyeur Monkey Network Content"), including without limitation, the software, text, photos, video and audio content, graphics, interactive features and advertisements, and all trademarks, service marks and logos used in the Service, are owned by Voyeur Monkey Network , or are licensed to Voyeur Monkey Network subject to copyrights or other intellectual property rights held by others. Voyeur Monkey Network reserves all rights to the Voyeur Monkey Network Content, User Content, and any other component or content of the Service not expressly granted to you by these TOS.
Voyeur Monkey Network provides the Service for the personal, non-commercial use of viewers, visitors, subscribers or potential subscribers of the Service. You are granted a personal, non-exclusive, nontransferable license to view, on a single computer only, the content of the Service. Voyeur Monkey Network reserves the right to limit the amount of materials viewed. Commercial use of any content of the Service, other than your own commercial use of User Content you have uploaded, is strictly prohibited. In addition, except with respect to User Content that you have uploaded, you may not: (i) modify any of the materials provided by the Service; (ii) copy, reproduce, publically display or perform, distribute, or prepare derivative works from any of the content of the Service; (iii) remove, modify or alter any copyright, trademark, or other attribution or proprietary notice from any of the materials used in the Service; or (iv) otherwise transfer any material provided through the Service to any other person or entity. Voyeur Monkey Network reserves the right to terminate this license at any time if you breach or violate any provision of these TOS, in which case you will be obligated to immediately destroy any materials you have obtained from this Site.
By submitting, posting, or communicating User Content using the Service, you grant to Voyeur Monkey Network an irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty-free, worldwide license to: (1) use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute the User Content in or through any medium now known or hereafter invented, for any purpose; (2) to prepare derivative works using the User Content, or to incorporate it into other works, for any purpose; and (3) to grant and authorize sublicenses of any or all of the foregoing rights.
Voyeur Monkey Network does not assert any ownership over your User Content; rather, as between Voyeur Monkey Network and you, subject to the rights granted to us in these TOS, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
Voyeur Monkey Network may obtain and exercise intellectual property rights over compilations, collective works, or derivative works that incorporate User Content you have provided. In that case, the rights Voyeur Monkey Network obtains will apply only to the compilation, collective work, or derivative work; as between Voyeur Monkey Network and you, subject to the rights granted to us in these TOS, you will retain full ownership of and rights to your User Content.
When you submit or communicate any User Content using the Service, you also authorize Voyeur Monkey Network to record and make such copies thereof as it deems necessary in order to facilitate the posting, maintenance, and storage of the User Content as part of the Service.
Objectionable or Inappropriate Content
By its very nature, the Service may include offensive, harmful, inaccurate or otherwise offensive or objectionable material. In some cases, the Service may include content that has been mislabeled or is otherwise deceptive. Please use caution and common sense and exercise proper judgment when using the Service. Voyeur Monkey Network does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any content provided by the Service. You acknowledge that any use of or reliance on material provided by the Service will be at your own risk.
Voyeur Monkey Network may review any content provided by the Service, including any User Content uploaded using the Service, and reserves the right to refuse to distribute any such content or to remove any content from the Service, in it sole discretion. However, you acknowledge and agree that Voyeur Monkey Network is not obligated to remove any content from the Service, unless and until it is established pursuant to the requirements of the law that the content is illegal.
If you believe any content provided by the Service is illegal or violates these TOS, you may inform Voyeur Monkey Network by using our contact form. Voyeur Monkey Network will review your message and the content to which you object (assuming it is still available through the Service). Voyeur Monkey Network may remove the content if, in Voyeur Monkey Network's judgment, it is illegal or otherwise inappropriate. However, please understand that deciding whether content is inappropriate is a judgment call, and that Voyeur Monkey Network is not legally responsible for content that it does not originate. Neither is Voyeur Monkey Network legally responsible for removing content that it deems inappropriate from the Service.
Voyeur Monkey Network reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to do any of the following: (1) satisfy any applicable law, regulation, legal process or legitimate governmental request; (2) enforce these TOS, including investigation of potential violations hereof; (3) detect, prevent, or otherwise address fraud, security or technical issues; (4) respond to user support requests; or (5) protect the rights, property or safety of Voyeur Monkey Network , its users and the public. You agree that Voyeur Monkey Networkwill not be liable for exercising or failing to exercise any of these rights.
Copyright
Voyeur Monkey Network respects the intellectual property rights of others. We prohibit users from uploading, posting or otherwise transmitting materials that violate the intellectual property rights of others. When we receive notification of alleged copyright infringement that complies with the Digital Millenium Copyright Act (17 U.S.C. § 512, the "DMCA"), we promptly remove or disable access to the allegedly infringing material. We also terminate the accounts of repeat infringers.
If you are a copyright owner or an agent thereof and you believe that any content of the Service infringes your copyrights, you may submit a notice by following the directions on our DMCA Page.
Names and Trademarks
Voyeur Monkey Network, VoyeurMonkeyNetwork.com, and other Voyeur Monkey Network logos and product or service names are trademarks of Voyeur Monkey Network . All other trademarks used in the Service are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made.
Sponsors, Advertisers and Third Parties
The Service may provide links to sponsor, advertiser, or other third party websites that are not owned or controlled by Voyeur Monkey Network . Inclusion of, linking to, or permitting the use or installation of any third party site, applications, software, content or advertising does not imply approval or endorsement thereof by Voyeur Monkey Network . Voyeur Monkey Network has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third parties. By accessing or using the Service, you agree to release Voyeur Monkey Network from any and all liability arising from your use of any third-party website, content, service, or software accessed through the Service.
Your communications or dealings with, or participation in promotions of, sponsors, advertisers, or other third parties found through the Service, are solely between you and such third parties. You agree that Voyeur Monkey Network shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with such sponsors, third parties or advertisers, or as the result of their presence in the Service.
Privacy
As a condition of using the Service, you agree to the terms of the most recent version Voyeur Monkey Network Privacy Policy that exists at the time of your use. The Privacy Policy may be revised from time to time without notice to you other than appearing on the Voyeur Monkey Network website. The Privacy Policy will indicate when it was last revised. It is your responsibility to regularly check the Voyeur Monkey Network website and to review the Privacy Policy. Your continued use of the Service constitutes your agreement to all revisions to the Privacy Policy.
Termination
Voyeur Monkey Network may, in its sole discretion, terminate your access to the Service, delete any content or information that you have posted or communicated through the Service, and/or prohibit you from using the Service, at any time, with or without notice, and for any reason, including but not limited to violation of these TOS.
Disclaimer of Warranties
"AS IS" AND "AS AVAILABLE" BASIS. Voyeur Monkey Network EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN PARTICULAR, AND WITHOUT LIMITATION, Voyeur Monkey Network MAKES NO WARRANTY THAT: (1) THE SERVICE WILL MEET YOUR REQUIREMENTS; (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (5) ANY ERRORS IN THE COMPONENTS OR CONTENTS OF THE SERVICE WILL BE CORRECTED; OR (6) OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
No advice or information, oral or written, obtained by you from Voyeur Monkey Network , shall create any warranty not expressly stated in these TOS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Voyeur Monkey Network SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Voyeur Monkey Network HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE.
IN PARTICULAR, AND WITHOUT LIMITATION, Voyeur Monkey Network WILL HAVE NO LIABILITY FOR DAMAGES ARISING FROM: (1) ACCESSING, DOWNLOADING, OR OTHERWISE OBTAINING ANY CONTENT OR COMPONENT OF THE SERVICE, EVEN IF IT RESULTS IN THE INADVERTENT TRANSFER OF HARMFUL COMPUTER CODE, SUCH AS VIRUSES, MALWARE, OR SPYWARE; (2) UNAUTHORIZED ACCESS TO OR DISCLOSURE OR ALTERATION OF YOUR POSTINGS, TRANSMISSIONS OR DATA; (3) CONTENT OR CONDUCT OF ANY THIRD PARTY PROVIDED THROUGH THE SERVICE; OR (4) AS OTHERWISE PROVIDED IN THESE TOS.
UNDER NO CIRCUMSTANCES WILL Voyeur Monkey Network TOTAL LIABILITY FOR ANY AND ALL CLAIMS BY YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE EXCEED THE GREATER OF THE AMOUNT PAID BY YOU TO Voyeur Monkey Network OR $100.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS ON LIABILITY AND DAMAGES MAY NOT APPLY TO YOU.
THE PROVISIONS OF THIS AGREEMENT THAT PROVIDE FOR LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES, OR EXCLUSION OF DAMAGES ALLOCATE RISKS BETWEEN YOU AND Voyeur Monkey Network . THAT ALLOCATION IS REFLECTED IN THE DELIVERY OF FREE CONTENT TO YOU BY Voyeur Monkey Network , AND IS AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THIS AGREEMENT.
Indemnification
You agree to hold harmless and indemnify Voyeur Monkey Network , and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, 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. Voyeur Monkey Network will make reasonable efforts to provide you with written notice of any such claim, suit or action, but the failure of Voyeur Monkey Network to provide such notice will not relieve you of these obligations.
Severability
If any provision of these TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of the TOS will remain in force.
Non-Waiver
The failure of Voyeur Monkey Network to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Choice of Law
The agreement created by these TOS, and any dispute arising from or relating to these TOS or the provision or use of the Service, will be governed by the laws of the United States and the State of Florida, without giving effect to conflict of laws provisions.
Arbitration & Class Action Waiver
You and Voyeur Monkey Network agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Voyeur Monkey Network hereby waive any right to a jury trial of any dispute we have that is subject to this arbitration agreement. Neither you nor Voyeur Monkey Network may bring a claim against the other as a class action. Neither you nor Voyeur Monkey Network may act as a private attorney general or class representative, nor participate as a member of a class of claimants with respect to any dispute or claim between us.
" Voyeur Monkey Network " and "you" include Voyeur Monkey Network's and your respective owners, officers, directors, shareholders, employees, subsidiaries, affiliates, agents, predecessors in interest, successors, attorneys, and assigns. This arbitration agreement and waiver will be interpreted broadly, and will encompass all disputes between you and Voyeur Monkey Network, including, but not limited to claims that relate in any way to the relationship between you and Voyeur Monkey Network, your use of the Service, and any advertising or content of the Service, regardless of legal or equitable theory.
This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies. Such agencies can, if the law allows, seek relief from us on your behalf. Moreover, you and Voyeur Monkey Network have the right to bring qualifying claims in small claims court.
Arbitration of any dispute or claim must be initiated within two years, or within the period of time provided by applicable statute, after the date on which the basis for the dispute or claim first arises.
Entire Agreement
These TOS, together with the Voyeur Monkey Network Privacy Policy and the Voyeur Monkey Network DMCA Page, constitute the entire agreement between you and Voyeur Monkey Network and governs your use of the Site. You may be subject to additional terms and conditions that may apply when you use or purchase certain other services, such as affiliate services, third-party content or third-party software. In order to determine what those obligations may be, you understand and agree that it is your responsibility to review any and all terms and conditions of usage and privacy policies with respect to such service, content, or software. |