date of last revision: May 26, 2011
Statement of Rights and Responsibilities
1. Soma Snakeoil Media Statement of Principles and Your Responsibilities
The Site is meant for adults only. It deals with BDSM, fetish, sexual, erotic and other matters suitable only for adults. It is not for children. Even if you are an adult, the Site may not be to your taste. It is not for everyone. In fact, we work hard to produce the highest quality media for specific sexual tastes and interests that not everyone shares. Anything you see on the Site is consensual and depicted solely to produce provocative, quality content. The material on the Site is entertainment. It reflects a great deal of fantasy, produced photographs and videos made by actors, models, photographers, directors and producers. Nobody gets hurt. Nobody does anything that they do not want to do. In fact, we love what we do. If you don’t like it, there are lots of other things you can view on the Internet. If you are like us, enjoy.
By using the Site you are agreeing and specifically covenant, represent and warrant:
- I AM OVER THE AGE OF 18 OR 21 OR SUCH OTHER AGE AS MY JURISDICTION MAY REQUIRE TO VIEW ADULT MATERIAL, AND I AM GIVING MY CONSENT TO VIEW ADULT MATERIAL.
- I AM WELL AWARE THAT THIS SITE IS CONTAINS DISCUSSIONS AND/OR DEPICTIONS OF BONDAGE, DISCIPLINE, SADIST, MASOCHIST, FETISH AND/OR DOMINANT/SUBMISSION ACTIVITIES BETWEEN CONSENTING ADULTS.
- I AM FAMILIAR WITH THE RULES AND REGULATIONS GOVERNING THE VIEWING OR POSSESSION OF SEXUALLY ORIENTED MATERIALS AS DEFINED BY MY LOCAL JURISDICTION.
- I WILL NOT ALLOW THESE IMAGES, ADVERTISEMENTS, STORIES OR ANY OTHER MATERIAL FROM THIS SITE BE VIEWED OR REDISTRIBUTED TO THOSE UNDER 18, 21 OR OTHER APPLICABLE YEARS OF AGE.
- I WILL HOLD HARMLESS THE PUBLISHERS, ARTISTS, PHOTOGRAPHERS, AND ADVERTISERS OF THIS SITE OF ANY AND ALL LEGAL RAMIFICATIONS THAT MAY ARISE AS A RESULT OF FRAUDULENT ENTRY INTO THIS SITE.
- I WILL NOT TO REDISTRIBUTE ANY IMAGES OR WORDS OBTAINED ON THIS SITE WITHOUT THE WRITTEN CONSENT OF THE PUBLISHERS.
- I HOLD THE PUBLISHERS OF THE SITE HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITY, LOSSES, COSTS, DAMAGES OR EXPENSES ARISING FROM MY USE OF OR PARTICIPATION IN THIS SERVICE.
- I HOLD THE PUBLISHERS OF THIS PAGE HARMLESS IF I DO FIND THE MATERIALS ON THIS SITE OFFENSIVE.
- I WILL NOT SELL OR REDISTRIBUTE ANY CONTENTS OF THIS SITE.
- I WILL NOT DOWNLOAD OR OTHERWISE REPRODUCE THE IMAGES OR VIDEOS ON THIS SITE
- I AM SOLELY RESPONSIBLE FOR ANY CONSEQUENCES THAT MAY ARISE FROM VIEWING, DOWNLOADING OR STORING CONTENT OF THIS SITE.
- I WILL NOT FORWARD ANY CONTENT OF THIS SITE TO MINORS.
- I WILL NOT ALLOW MINORS TO VIEW THE MATERIAL PUBLISHED ON THIS SITE.
3. Sharing Your Content and Information
You own all of the content and information you post on the Site, subject to any Contribution Policies and Agreement Soma Snakeoil Media may choose to issue or require. In addition:
- For content that is covered by intellectual property rights, like photos, videos and text you author (“IP content”), you specifically grant us a non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with the Site (“IP License”) as we see fit. This IP License includes the right to resize, crop, enhance, include with advertisements or other IP Content and otherwise modify the IP Content and create derivative works of the IP Content you post.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others). Not all content you post on the Site may be deleted. Soma Snakeoil Media, under the IP License, may choose to continue to display, distribute and otherwise use posted content in connection with the Site at its sole discretion.
- When you publish content or information on the Site, it is generally accessible to anyone with Internet access. We may not have control over what they do with it.
- We always appreciate your feedback or other suggestions about the Site, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep the Site safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
- You will not send or otherwise post unauthorized commercial communications (such as spam) on the Site.
- You will not collect users’ content or information, or otherwise access the Site, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the Site.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that is hateful, threatening, obtained illegally or is otherwise regulated or illegal in your jurisdiction.
- You will not use the Site do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working of the Site, such as a denial of service attack.
- You will not facilitate or encourage any violations of this Statement.
5. Registration and Account Security
Site users must provide their real names and information during registration, even though we permit the use of aliases on the service itself.
You agree that:
- You will not provide any false personal information on the Site, or create an account for anyone other than yourself without permission.
- You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
- You will not use the Site if you are under 18, 21 or other applicable age requirement in your jurisdiction.
- You will not use the Site if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account or do anything else that might jeopardize the security of your account.
- You will not transfer your account to anyone without first getting our written permission.
- If you select a username for your account or an alias we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username or alias that does not closely relate to a user’s actual name).
6. Protecting Other People’s Rights
We respect other people’s rights, and expect you to do the same.
- You will not post content or take any action on the Site that infringes or violates someone else’s rights or otherwise violates the law.
- We can remove any content or information you post on the Site if we believe that it violates this Statement or we otherwise find it objectionable.
- We will provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement page.
- If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks (including Soma Snakeoil Media, Soma Snakeoil, Goddess Soma and the associated designs and logos), or any confusingly similar marks, without our written permission.
- You will not post anyone’s identification documents or sensitive financial information on the Site.
- You will not send email invitations to non-users without their consent.
- If we offer mobile services, please be aware that your carrier’s normal rates and fees, such as text messaging fees, will still apply.
- In the event you are a mobile user of the Site and you change or deactivate your mobile telephone number, you will update your account information on Soma Snakeoil Media within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
If you make a payment to Soma Snakeoil Media or someone else on the Site, you agree to our Payments Terms which may be posted from time to time.
9. Special Provisions Applicable to Share Links
If we permit you to embed Soma Snakeoil Media content on your website or if you post content on your website on the Site, the following additional terms apply to you:
- We give you permission to use the IP Content and other content posted on Soma Snakeoil Media on your website.
- You give us permission to use links and content on you post from your website on our Site.
- You will not place a button or link on any page containing content that would violate this Statement if posted on Site.
10. About Advertisements on Soma Snakeoil Media
Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:
- You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.
- You understand that we may not always identify paid services and communications as such.
11. Special Provisions Applicable to Advertisers
Soma Snakeoil Media may offer programs that permit you to target your specific audience by buying ads. The following additional terms apply to you if you place an advertising order with us (“Order”):
- When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available.
- You will pay for your Orders in accordance with any Payment Terms we may publish from time to time. The amount you owe will be calculated based on our tracking mechanisms.
- Your ads will comply with any Advertising Guidelines we may publish.
- We will determine the size, placement, and positioning of your ads.
- We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
- We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.
- You can cancel your Order at any time but it may take up to 24 hours before the ad stops running.
- Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ads, your ads may remain until the users delete it.
- We can use your ads and related content and information for marketing or promotional purposes.
- You will not issue any press release or make public statements about your relationship with Soma Snakeoil Media and the Sites without written permission.
- We may reject or remove any ad for any reason.
- If you are placing ads on someone else’s behalf, we need to make sure you have permission to place those ads, including the following:
- You warrant that you have the legal authority to bind the advertiser to this Statement.
- You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.
We can change this Statement and any other policy at any time effective upon posting on the Site. We may in our discretion provide notice prior to a change or solicit user, advertiser or other input.
If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can stop providing all or part of the Sites to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 1, 3-17.
- You will resolve any claim, cause of action or dispute (“claim”) you have with us arising out of or relating to the Site or Soma Snakeoil Media exclusively in a state or federal court located in Los Angeles County, California. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Los Angeles County, California for the purpose of litigating all such claims and waive any objection you may have to the jurisdiction, venue or convenience of such forum.
- If anyone brings a claim against us related to your actions, content or information on the Sites, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
- WE TRY TO KEEP THE SITE AND ALL OTHER SOMA SNAKEOIL MEDIA PROPERTIES UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING SOMA SNAKEOIL MEDIA”AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT SOMA SNAKEOIL MEDIAWILL BE SAFE OR SECURE. SOMA SNAKEOIL MEDIAIS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR THE SITE OR OTHER SOMA SNAKEOIL MEDIA PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR SOMA SNAKEOIL MEDIAWILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SOMA SNAKEOIL MEDIA’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
15. Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:
- You consent to having your personal data transferred to and processed in the United States.
- If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on the Site (such as advertising or payments).
- By “Site” or “Sites” we mean the features and services we make available, including through (a) our website at www.SomaSnakeoil.com and any other Soma Snakeoil Media-owned, Soma Snakeoil-branded, Goddess Soma-branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); and (b) other media, software (such as a toolbar or player), devices, or networks now existing or later developed.
- By “us,” “we” and “our” we mean Soma Snakeoil Media LLC and its affiliates.
- By “information” we mean facts and other information about you, including actions you take.
- By “content” we mean anything you post on the Sites that would not be included in the definition of “information.”
- By “data” we mean content and information that third parties can retrieve from the Sites.
- By “post” we mean post on the Sites a or otherwise make available to us (such as by using an application).
- By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By “active registered user” we mean a user who has logged into a Site at least once in the previous 30 days.
- By “application” we mean any application or website that that receives data from the Site.
- This Statement makes up the entire agreement between the parties regarding the Sites and supersedes any prior agreements and communications of any sort.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Statement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.