Fapcat Terms and Conditions
Last Updated: March 22, 2022
Rulo Marketing, Inc. is the owner and operator of www.fapcat.com and any affiliated websites and related mobile versions ("Fapcat, us, our, ours, etc."). These Terms and Conditions are a legal contract that establishes the relationship between you, the user, ("you, your, yours, etc.") and us as it relates to the services we provide to you through Fapcat ("Services"), including all text, images, graphics, photographs, audio, video, buttons, icons, animations, data, messages, software, and other content, information, or materials on Fapcat, ("Materials"), and any Materials posted to or otherwise shared on Fapcat by you ("Content").
By accessing Fapcat or using the Services, you accept and agree to our website policies, including these Terms and Conditions, and you certify to us that (a) you are eighteen (18) years of age or older, and are at least the age of majority in your jurisdiction, (b) you have the legal capacity to enter into and agree to these Terms and Conditions, (c) you are using the Services freely, voluntarily, willingly, and for your own personal enjoyment, and (d) you will only provide accurate and complete information to us and promptly update this information as necessary to maintain its accuracy and completeness.
We reserve the right to revise these Terms and Conditions at any time. You agree that we have this unilateral right, and that all modifications or changes are in force and enforceable immediately upon posting. The updated version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. We agree that if we change anything in these Terms and Conditions, we will change the "Last Updated" date at the top of these Terms and Conditions. You agree to re-visit this page on a frequent basis, and to use the "Refresh" button on your browser when doing so. You agree to note the date above. If the "Last Updated" date remains unchanged from the last time you reviewed these Terms and Conditions, then you may presume that nothing in these Terms and Conditions has changed since the last time you visited. If the "Last Updated" date has changed, then you must review the updated Terms and Conditions in their entirety. You must agree to any updated Terms and Conditions or immediately cease use of Fapcat. If you fail to review these Terms and Conditions as required to determine if any changes have been made, you assume all responsibility for such omission, and you agree that such failure amounts to your affirmative waiver of your right to review the updated terms. We are not responsible for your neglect of your legal rights.
All users may register for an account on Fapcat, provided you meet the requirements set forth herein and otherwise abide by these Terms and Conditions. If you fail to provide the required information, if we reasonably believe that you have provided false information, or if you fail to agree to these Terms and Conditions, we may terminate your account. Acceptance of registration is subject to our sole discretion. While we may require you to provide additional information as necessary to verify the accuracy of your identity and the information you provide to us, you understand and agree that we do not sponsor or endorse any user or any Materials posted by our users.
If you provide any false, misleading, inaccurate, incomplete, not current, or otherwise incorrect information to us, or if you fail to promptly update such information to maintain its accuracy and completeness, or if we or any of our authorized agents have reasonable grounds to suspect that a violation of this provision has occurred, we have the right to suspend or terminate your account and refuse any and all current or future use of Fapcat, as well as subjecting you to criminal and civil liability.
C. No Account Sharing
You will not use, attempt to access, or ask for the login credentials for any third party's account at any time. You will not allow any third party to access or use your account at any time, nor provide any third party with your login credentials. We will not be liable for any loss that we may incur as a result of any third party that uses your password or otherwise accesses your account, either with or without your knowledge. You will be liable for losses incurred by us or any third party due to release of account credentials to unauthorized persons.
D. Termination by You
You may delete your account by clicking "Delete Profile" in your account settings. You will not assign, transfer, sell, or share your membership to Fapcat. If you do, both you and the unauthorized user are jointly and severally liable for any fees that will be due.
E. Termination by Us
We may suspend or delete your account or any licenses herein at any time, for any reason, in our sole discretion. We have the right to terminate your membership at any time, and you will be responsible for all charges to your account at the time of termination. We are not responsible for preserving terminated account information which may be permanently deleted in our discretion.
2. Grant of Rights
You understand that all we are providing to you is access to Fapcat and use of the Services as we provide them from time to time. You need to provide your own access to the Internet, hardware, and software, and you are solely responsible for any fees that you incur to access Fapcat or use the Services. All users may access certain public areas of Fapcat and use the Services and the Materials therein, free of charge. We grant all users a limited, nonexclusive, revocable, and nontransferable personal license to access and use only those Materials provided on free areas of Fapcat for private, non-commercial purposes on a single computer or mobile device. This free license does not include a license to access or use private areas of Fapcat or the Materials therein. We also grant you a limited, nonexclusive, revocable, and nontransferable personal license to access the private areas of Fapcat and use the Services and the Materials therein, as limited by your account status. We reserve the right to limit the amount of Materials viewed or Services available to you. Your license to access Fapcat and use the Services and the Materials is not a transfer of title. You will not copy or redistribute any Material, and you will prevent others from unauthorized access, use of, or copying of the Materials.
You retain all ownership rights in the Content. However, you grant us a worldwide, perpetual, nonexclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content for our business (and the business of our successors), including for promoting and redistributing any part of Fapcat (and derivative works of it) in any media formats and through any media channels for the purposes set forth in these Terms and Conditions. This license shall include the right to copy and transfer the Content to any affiliate or related or partner sites of ours, and to post the Content on different pages of Fapcat at our sole discretion. We may freely use and otherwise exploit this Content for any purpose.
Further, you grant each user of Fapcat a worldwide, nonexclusive, royalty-free license to access, use, reproduce, display, and perform the Content through Fapcat, as permitted through Fapcat and under these Terms and Conditions, and as limited by that user's subscriptions or additional purchases.
C. Section 2257
You represent and warrant that your Content is fully compliant with all requirements listed at 18 U.S.C. § 2257 et seq. 18 U.S.C. § 2257A, and 28 CFR Part 75 et seq. ("Section 2257") and that you possess and maintain age verification documents required by Section 2257 in a form acceptable to us and that you will continue to maintain originals of these documents in that manner and for so long as you maintain an account on Fapcat, plus a term of seven (7) years, or the length of time required by law (whichever is longer), and that you will provide to us an accurate and legible copy of this documentation immediately upon request. You further consent to any circulation of such records to third parties such as our contractors, affiliates, successors, and sub-licensees, at our sole discretion. For so long as you maintain an account on Fapcat, and for a period of no less than seven (7) years after your account on Fapcat is deactivated, you will act as the "Custodian of Records" as defined in 28 CFR Part 75 et seq. and will maintain all records as required by Section 2257 at your primary address. You will provide us with one or more valid government-issued "picture ID cards" as mandated by Section 2257, that contains your name, photo, and birth date.
3. Acceptable Use Policy
A. Prohibited Uses for All Users
You agree that you will only use Fapcat, the Services, and the Materials for purposes expressly permitted and contemplated by these Terms and Conditions. You may not use Fapcat, the Services, or the Materials for any other purposes without our express prior written consent. Without our express prior written authorization, you will not:
- use the Services for any purpose other than as offered by us, including using the Services in any way that is prohibited by these Terms and Conditions or that is violative of any applicable law, regulation, or treaty of any applicable governmental body, including:
- laws prohibiting sex trafficking and promotion or facilitation of prostitution;
- intellectual property right laws protecting patents, copyrights, trademarks, trade secrets, and any other intellectual property right, including making, obtaining, distributing, or otherwise accessing illegal copies of copyrighted, trademarked, or patented content, deleting intellectual property right indications and notices, or otherwise manipulating identifiers in order to disguise the origin of content you post, share, or upload;
- laws against obscene, lewd, defamatory, or libelous speech; and
- laws protecting confidentiality, privacy rights, publicity rights, or data protection.
- fail to comply with orders, judgments, or mandates from courts of competent jurisdiction.
- access Fapcat or use the Services if you are, or are required to be, a registered sex offender in any jurisdiction.
- link to Fapcat on any third-party website in any way that is illegal, unfair, or damages or takes advantage of our reputation, including any link which establishes or suggests a form of association, approval, or endorsement by us where none exists.
- post, upload, or share Content that is harmful, inaccurate, threatening, abusive, vulgar, violent, indecent, harassing, hateful, menacing, scandalous, inflammatory, blasphemous, racially or ethnically offensive, likely to cause annoyance, intimidation, alarm, embarrassment, distress, discomfort, or inconvenience, otherwise just plain nasty or objectionable, or any content that, in our sole discretion, is otherwise inappropriate.
- post, upload, or share Content that depicts, advertises, promotes, encourages, facilitates, or solicits (real, simulated, or implied) (i) scenarios involving lack of consent, including rape, sexual assault, kidnapping, torture, hypnosis, intoxication, violence, sadomasochistic abuse, hardcore bondage, weapons, or asphyxiation; (ii) sexual activity involving minors; (iii) age-play or adult baby/diaper lover content, (iv) incest; (v) bestiality, including monstrous humanoids or animal-themed sex toys; (vi) necrophilia; (vii) excrement, including blood, urine, scat, lactation, or vomit, but excluding semen, female ejaculation, and saliva; (viii) illegal prostitution or human trafficking; (ix) "revenge porn" defined as any content containing any individual who has not consented to being depicted in the Content, or to the Content being distributed on the Services; (x) illegal or illicit drugs; (xi) suicide, self-harm, or extreme pain, whether inflicted by yourself or a third party, including oversized toys, genital mutilation, or extreme fisting; (xii) any other illegal behavior or behavior that may be considered obscene under applicable law.
- post, upload, or share Content depicting any person under eighteen (18) years old.
- post, upload, or share Content depicting any person without inspecting and maintaining written documentation sufficient to confirm that all individuals depicted in your Content are at least eighteen (18) years of age or older, and consent to being depicted in your Content, and consent to your Content being distributed on Fapcat.
- post, upload, or share Content with the intent to extort money or other benefit from a third party in exchange for removal of the Content.
- post, upload, or share any employment ads or content which violates anti-discrimination laws.
- post, upload, share, or collect the telephone numbers, street addresses, last names, email addresses, URLs, geographic location, or any other personal information about users or third parties without their consent, or, except as expressly authorized in these Terms and Conditions, use materials, third-party content, or other content on the Services for any commercial use.
- impersonate another individual or entity, whether actual or fictitious; falsely claim an affiliation with any individual or entity; access the accounts of others without permission; misrepresent the source, identity, or content of information transmitted via the Services; or perform any other similar fraudulent activity.
- send unsolicited sexual content to another user or otherwise engage in nonconsensual sexual objectification of another user.
- use slang, acronyms, abbreviations, emojis, GIFs, or other media to communicate any activity that violates these Terms and Conditions.
- engage in antisocial, disruptive, or destructive behavior, including "bombing," "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet, or engage in any other behavior that serves no purpose other than to harass, annoy, or offend users.
- engage in platform manipulation, including utilizing bots or other fraudulent means to artificially drive traffic to or inauthentically generate engagements with your account, the Content, or links to third party websites.
- circumvent, disable, damage, or otherwise interfere with the operations of Fapcat, any user's enjoyment of Fapcat, or our security-related features or features that prevent, limit, or restrict the use or copying of any materials or content, or features that enforce limitations on the use of Fapcat or the content on it, by any means, including posting, linking to, uploading, or otherwise disseminating viruses, adware, spyware, malware, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious code, file, or program designed to interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or any telecommunications equipment.
- reverse engineer, decompile, disassemble, or otherwise discover the source code of Fapcat or any part of it, except and only if that activity is expressly permitted by applicable law despite this limitation.
- access or use any automated process (such as a robot, spider, scraper, or similar) to access Fapcat in violation of our robot exclusion headers or to scrap all or a substantial part of the Materials (other than in connection with bona fide search engine indexing or as we may otherwise expressly permit).
- modify, adapt, translate, or create derivative works based on the Services or any part of them, except and only if applicable law expressly permits that activity despite this limitation.
- commercially exploit or make available the Services or the Materials therein to third parties including any action to "frame" or "mirror" Fapcat.
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it.
- attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.
Engaging in any Prohibited Use will be considered a breach of these Terms and Conditions and may result in immediate suspension or termination of the user's account and access to Fapcat or the platform without notice, in our sole discretion. We may pursue any legal remedies or other appropriate actions against you if you engage in any of the above Prohibited Uses or any unauthorized use of the Services, including civil, criminal, or injunctive relief, and cancellation of your account. Any unauthorized use of the Services or our computer systems violates these Terms and Conditions and certain international, foreign, and domestic laws.
B. WE HAVE A ZERO TOLERANCE POLICY FOR PROSTITUTION AND SEX TRAFFICKING
The solicitation, promotion, and facilitation of prostitution and sex trafficking are strictly prohibited. If you engage in such activity, whether on Fapcat or by posting links to external websites that promote or facilitate prostitution or sex trafficking, we may delete your account without refund and take other appropriate action.
C. WE HAVE A ZERO TOLERANCE POLICY FOR CHILD EXPLOITATION
You understand that all depictions on Fapcat are of persons over the age of eighteen (18) on the date of production. We take great measures to ensure that no minors appear in any of the Materials. If you seek any form of child sexual abuse material ("CSAM") (including so-called "virtual" child pornography), you must exit Fapcat immediately. We do not provide or promote underage content, and we do not tolerate those who seek underage content. In order to further our zero-tolerance policy, you agree to report any images, real or simulated, that appear to depict minors on Fapcat.
D. Reporting Violative Materials or Activities
If you are aware of any Materials on Fapcat or any user engaging in activities that violate these Terms and Conditions, please contact us at support[at]fapcat[dot]com or fill out our Contact Form and provide as much detail as possible, including a description of the objectionable Materials or the location where we may find them, the username of the individual engaging in suspicious activities, the date and time of identification, the reason we should remove the objectionable Materials or investigate the activities, and a statement certifying the accuracy of the information you provided to us.
E. Law Enforcement
We will fully cooperate with law enforcement authorities or orders from courts of competent jurisdiction, requesting or directing us to disclose the identity or location of any user in breach of these Terms and Conditions, in accordance with our privacy policies, law enforcement policies, and applicable law or regulation. If your activity results in Fapcat receiving a subpoena, discovery request, production order, search warrant, or court order that causes Fapcat to incur expenses, court costs, or legal fees for compliance, you agree to reimburse us for any such expenses, costs or legal fees upon our request.
4. Dispute Resolution and Damages
A. Governing Law and Venue
These Terms and Conditions and all matters arising out of, or otherwise relating to, these Terms and Conditions shall be governed by the laws of Quebec, Canada, excluding its conflict of law provisions. The sum of this paragraph is that any and all disputes must be, without exception, resolved in Quebec, Canada. All Parties to these Terms and Conditions agree that all actions or proceedings arising in connection with these Terms and Conditions or any services or business interactions between the Parties that may be subject to these Terms and Conditions shall be brought exclusively in Quebec, Canada. The Parties agree to exclusive jurisdiction and venue in, and only in, Quebec, Canada. The Parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the Parties with respect to, or arising out of, these Terms and Conditions in a jurisdiction other than that specified in this paragraph. All Parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines challenging venue or jurisdiction, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under these Terms and Conditions whatsoever. All Parties stipulate that the courts located in Quebec, Canada shall have personal jurisdiction over them for resolution of any disputes. You agree to accept service of process by registered or certified mail, Federal Express, or Priority Mail, with proof of delivery or return receipt requested, sent to your last known address for any legal action arising from these Terms and Conditions. Any final judgment rendered against you or us in any action or proceeding shall be conclusive as to the subject matter and may be enforced in the courts located in Quebec, Canada or other jurisdictions in any manner provided by law if such enforcement becomes necessary.
B. Class Action Waiver
You hereby waive any right or ability to initiate any class action or collective proceeding.
C. Rights to Injunctive Relief
You acknowledge that remedies at law may be inadequate to provide us with full compensation in the event you breach these Terms and Conditions, and that we shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
D. Additional Fees
If we are required to enlist the assistance of an attorney, investigator, collections agent, or other person to collect any damages or any other amount of money from you, or if we are required to seek the assistance of an attorney to pursue injunctive relief against you, then you additionally agree that you will reimburse us for all fees incurred in order to collect these damages or in order to seek injunctive relief from you. You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the actual damages themselves. You agree that you will pay these fees and costs.
A. We Disclaim All Warranties
We provide access to Fapcat and use of the Services "as is" and "with all faults." We make no warranty that Fapcat or the Services will meet your needs or requirements. We disclaim all warranties — express, statutory, or implied — including warranties of merchantability, fitness for a particular purpose, workmanlike effort, quality, suitability, truthfulness, usefulness, performance, accuracy, completeness, reliability, security, title, exclusivity, quiet enjoyment, non-infringement, and warranties that your access to Fapcat or use of the Services will be uninterrupted, timely, secure, error-free, or that content loss will not occur, to the greatest extent provided by applicable law. We may change any of the information found on Fapcat at any time or remove any or all Materials thereon. We make no commitment to update the Materials. We make no warranty regarding any goods or services purchased or obtained through Fapcat or any transaction entered into through Fapcat. There are no warranties of any kind that extend beyond the face of these Terms and Conditions or that arise because of course of performance, course of dealing, or usage of trade.
B. Use at Your Own Risk
You expressly agree that access to Fapcat and use of the Services is at your own and sole risk. You understand that we cannot and do not guarantee or warrant that Fapcat or the Services will be free of viruses, malware, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. We do not assume any responsibility or risk for your access to or use of the Internet, Fapcat, or the Services. You understand and agree that any Materials downloaded or otherwise obtained through Fapcat is done at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from your activity.
C. Offensive Materials and Adult Content Warning
Fapcat contains material that may be offensive to third parties. You agree to indemnify and hold us harmless from any liability that may arise from someone viewing content they may deem offensive, and you agree to cease accessing Fapcat and using the Services should you find them offensive. Specifically, you represent and warrant that you are aware that Fapcat is an inclusive platform which permits the posting of adult content, and that you are not offended by adult content, including graphic audiovisual depictions of nudity and sexual activity. You further represent and warrant that you are familiar with and comply with your jurisdiction's laws and community standards, including those affecting your right to access, receive, and transmit adult content, and those relating to distributing adult content to minors.
D. Parental Controls Notice
You acknowledge your responsibility to prevent minors under your care from accessing harmful or inappropriate material. You agree not to allow minors to view any such content, and you agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors' access to harmful or inappropriate material. You are hereby informed that you can research such services by typing the words "parental controls" or similar terms, into an Internet search engine. We recommend that you conduct appropriate due diligence before purchasing or installing any online filter. You agree to take particular steps to prevent minors from viewing the Materials if your computer or mobile device can be accessed by a minor. Finally, you agree that if you are a parent or guardian of a minor child, it is your responsibility, not ours, to keep any age-restricted content on Fapcat from being displayed or accessed by your children or wards.
E. Registered Sex Offenders and Safety Tips
By accessing Fapcat, you represent and warrant that you have not been convicted of a felony or any criminal sexual offense, and you are not required to register as a sex offender with any government entity. While we prohibit access to Fapcat and use of the Services by registered sex offenders, we do not conduct routine criminal background checks on users. You are solely responsible for your interactions with other users. We do not undertake any obligation to monitor user activity, screen or interview users, investigate the background of users, or attempt to verify the accuracy of statements made by third parties regarding any user's background. We expressly disclaim any warranty about the conduct of users or those acting on their behalf. Remember, online profiles can be falsified. We recommend that you use common sense and take reasonable precautions in all communications, or interactions with other users. Consider the following online safety tips:
- Anyone who can commit identity theft can also falsify an online profile.
- There is no substitute for acting with caution when communicating with any stranger who wants to interact with you.
- Never include your last name, email address, home address, phone number, place of work, or any other identifying information in initial communications with other users. Stop communications with anyone who pressures you for personal or financial information or tries in any way to trick you into revealing it.
F. No Responsibility for User-Generated Materials
We expressly disclaim all liability for any user-generated content in the Materials. You understand that the Materials are primarily posted by users, and that we do not endorse (expressly or implicitly) the opinions expressed in any user-generated content in the Materials. Thus, you understand that you may be exposed to Materials from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of the Materials. You further understand that you may be exposed to Materials that are inaccurate, offensive, illegal, indecent, obscene, or objectionable, and you waive any rights or remedies you have or may have against us for this exposure. We are under no obligation to prescreen, review, or preemptively monitor the Materials. However, we reserve the right to refuse to publish, remove, or block the Materials, or any portion thereof, or to terminate a user's access for uploading Materials that violate these Terms and Conditions, at any time, for any reason, with or without prior notice. If we choose to monitor Fapcat at any time, we assume (1) no responsibility for the Materials, (2) no obligation to modify or remove any inappropriate Materials, and (3) no responsibility for the conduct of the user submitting those Materials.
G. Third-Party Links
Fapcat may contain links to websites or resources owned and operated by our users or third parties. You understand and agree that we have no control over, are not responsible for, and do not screen nor warrant, endorse, guarantee, or assume responsibility for the goods or services provided by our users or on third-party links. We will not be a party to or be in any way responsible for monitoring any transaction between you and other providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. You agree to hold us harmless from any and all damages and liability that may result from use of third-party links that appear on Fapcat and any content, advertising, services, goods, products, or other materials available on third-party links. We are not responsible for any use of confidential or private information by sellers or third parties. You agree that your use of any third-party link or the goods or services provided thereon is governed by the terms and conditions of those third parties, not by these Terms and Conditions or our other policies. We reserve the right to terminate any link at any time.
H. Violations of Law
Access to Fapcat and use of the Services in violation of any law is strictly prohibited. If we determine that you have provided or intend to purchase or provide any services in violation of any law, your ability to access Fapcat and use the Services will be terminated immediately. We do hereby disclaim any liability for damages that may arise from you or any user providing any services that violates any law. You do hereby agree to defend, indemnify, and hold us harmless from any liability that may arise for us should you violate any law. You also agree to defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any such claims by any party.
You agree to defend, indemnify, and hold harmless Fapcat, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, or consequentially resulting or allegedly resulting from your actions, or the actions of another person under your authority, including without limitation to governmental agencies, use, misuse, or inability to use Fapcat or the Materials, or any breach of these Terms and Conditions by you or another person under your authority. We shall promptly notify you by electronic mail of any such claim or suit, and we may cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or suit at our own expense, and choose our own legal counsel; however, we are not obligated to do so.
7. Limitation of Liability
You acknowledge that we will not be liable to you for user-generated Materials or the offensive or illegal conduct of any person. You understand that the risk of harm or damage from this rests entirely with you, and you expressly release us from any liability arising out of user-generated Materials or the conduct of any person. You discharge, acquit, and otherwise release us, our parent company, agents, employees, officers, directors, shareholders, attorneys, and affiliates, from any and all allegations, counts, charges, debts, causes of action, and claims relating in any way to the use of, or activities relating to the use of Fapcat including claims relating to the following:
Negligence, gross negligence, reckless conduct, alienation of affections (to the extent recognized in any jurisdiction), intentional infliction of emotional distress, intentional interference with contract or advantageous business relationship, defamation, privacy, publicity, intellectual property infringement, misrepresentation, infectious disease, revenge porn law violations, any financial loss not due to the fault of Fapcat, missed meetings, unmet expectations, false identities, fraudulent acts by others, invasion of privacy, release of personal information, failed transactions, purchases or functionality of Fapcat, unavailability of Fapcat, its functions and any other technical failure that may result in inaccessibility of Fapcat, or any claim based on vicarious liability for torts committed by individuals met on or through Fapcat, including fraud, theft or misuse of personal information, assault, battery, stalking, harassment, cyber-bullying, rape, theft, cheating, perjury, manslaughter, or murder.
The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by you. This release is intended by the parties to be interpreted broadly in favor of Fapcat, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.
We expressly disclaim any liability or responsibility to you for any of the following:
- Any loss or damage of any kind incurred because of the Materials, including errors, mistakes, or inaccuracies of the Materials or any Materials that are infringing, obscene, indecent, threatening, offensive, defamatory, invasive of privacy, or illegal.
- Personal injury or property damage of any nature resulting from your access to and use of Fapcat.
- Any third party's unauthorized access to or alterations of your account, transmissions, data, or Content.
- Any interruption or cessation of transmission to or from Fapcat and any delays or failures you may experience in initiating, conducting, or completing any transmissions to or transactions with Fapcat.
- Any bugs, viruses, malware, Trojan horses, or the like that may be transmitted to or through Fapcat by any third party.
- Any incompatibility between Fapcat and your other services, hardware, or software.
- Any claims arising from identification of you based on your Content, regardless of whether you utilize any tool or feature of Fapcat to mark certain content private or block, restrict, or otherwise limit access to your Content in certain geographic locations.
8. Intellectual Property
Fapcat is our brand name and trademark. We aggressively defend our intellectual property rights. Other manufacturers' product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners or holders of such trademarks and service marks. All of the marks, logos, domains, and trademarks that you find on Fapcat may not be used publicly except with express written permission from us, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Fapcat.
Except for Materials posted by our users, the Materials are our proprietary information and valuable intellectual property. We retain all right, title, and interest in such Materials. Fapcat, the Materials, and our software are protected by copyright law. The Materials may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any way without our prior written consent. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials. Modification or use of the Materials except as expressly provided in these Terms and Conditions violates our intellectual property rights.
C. Notification of Copyright Infringement
We respect the intellectual property rights of all parties and comply with the Digital Millennium Copyright Act ("DMCA"). We do not permit copyright infringing activities or infringement of other intellectual property rights on Fapcat, and we will remove all content and submissions if properly notified that the content or submission infringes on another's copyrights. We have adopted a policy regarding termination of repeat copyright infringers in compliance with the DMCA, and we reserve the right to terminate a user's access to Fapcat, in accordance with our DMCA Policy or Repeat Infringer Policy. Copies of our Repeat Infringer Policy are available upon request. Information regarding submission of a notice of infringement can be found under our DMCA Policy.
A. Entire Agreement
These Terms and Conditions and any other legal notice or agreement published by us on Fapcat, forms the entire agreement between you and us concerning your use of Fapcat. It supersedes all prior terms, understandings, or agreements between you and us regarding use of Fapcat. A printed version of these Terms and Conditions and of any notice given in electronic form will be admissible in any proceedings based on or relating to these terms. Such version of these Terms and Conditions shall be utilized to the same evidentiary extent, and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
B. Policies of Our Service Providers
C. Assignment and Delegation
We may assign any rights or delegate any performance under these Terms and Conditions without notice to you. You will not assign, delegate, or sublicense any of your rights or duties without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void.
If any provision of these Terms and Conditions is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force, if the essential terms for each party remain valid, binding, and enforceable.
E. Cumulative Remedies
All rights and remedies provided in these Terms and Conditions are cumulative and not exclusive, and the assertion by a party of any right or remedy will not preclude the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.
F. Successors and Assigns
These Terms and Conditions inure to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign its rights or delegate its performance under these Terms and Conditions.
G. Force Majeure
We are not responsible for any failure to perform because of unforeseen circumstances or causes beyond our reasonable control, including: Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; epidemics; pandemics; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information services infrastructure; hacking, spam, data breach, malware, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance; and unlawful acts of our employees, agents, or contractors.
Any notice required to be given by us under these Terms and Conditions may be provided by email to a functioning email address of the party to be noticed, by a general posting on Fapcat, or by personal delivery via commercial carrier. Notices by customers to us shall be given by contacting us at our Contact Form unless otherwise specified in these Terms and Conditions. Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of these Terms and Conditions. Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier shall be deemed delivered on the business day following mailing. Notices delivered by any other method shall be deemed given upon receipt. Either party may, by giving the other party appropriate written notice, change the designated address, email address, or recipient for any notice hereunder. Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, email server, or overnight delivery service.
I. Communications are Not Private
We do not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to us shall be deemed to be readily accessible to the general public. Notice is hereby given that all messages entered into Fapcat may be read by the agents and operators of Fapcat, regardless of whether they are the intended recipients of such messages.
J. Authorization and Permission to Send Emails to You
You authorize us to email you notices, advertisements, and other communications, including emails, advertisements, and notices. You understand and agree that such communications may contain adult content, sexual content and language, and images of nudity not suitable for minors. This authorization will continue until you request us to remove you from our email list. You understand and agree that even unsolicited email correspondence from us, or our affiliates, is not spam as that term is defined under the law.
We allow you to access and use Fapcat, the Services, and the Materials, in consideration for your acquiescence to all the provisions in these Terms and Conditions. You agree that such consideration is both adequate and received upon your viewing or downloading any portion of Fapcat.
L. Electronic Signatures
You agree to be bound by any affirmation, assent, or agreement you transmit through Fapcat. You agree that when in the future you click on an "I agree," "I consent," or other similarly worded button, check box, or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
M. English Language
We have written these Terms and Conditions and our associated website policies in the English language. You are representing your understanding and assent to the English language version of these Terms and Conditions as they are published. We are not liable to you or any third party for any costs or expenses incurred in translating these Terms and Conditions. In the event that you choose to translate these Terms and Conditions, you do so at your own risk, as only the English language version is binding.
N. Export Control
You understand and acknowledge that the software elements of the Materials on Fapcat may be subject to regulation by governmental agencies which prohibit export or diversion of software and other goods to certain countries and third parties. Diversion of such Materials contrary to U.S. or international law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that you will abide by such laws and regulations. You agree that none of the Materials are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.
O. No Agency Relationship
Nothing in these Terms and Conditions shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.
In these Terms and Conditions, unless otherwise stated or the context otherwise requires, the following usages will apply:
- References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.
- In computing periods from a specified date to a later specified date, the words "from" and "commencing on" (and the like) mean "from and including," and the words "to," "until," and "ending on" (and the like) mean "to but excluding."
- References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.
- "A or B" means "A or B or both." "A, B, or C" means "one or more of A, B, and C." The same construction applies to longer strings.
- "Including" means "including, but not limited to."
Q. No Waiver
No waiver or action made by us shall be deemed a waiver of any subsequent default of the same provision of these Terms and Conditions. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms and Conditions.
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms and Conditions.
S. Other Jurisdictions/Foreign Law
We make no representation that Fapcat, the Services, or any of the Materials are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access Fapcat and use the Services from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws. Nothing contained in these Terms and Conditions shall be interpreted as an admission that Fapcat is subject to the laws of any nation besides Canada.
T. Service Not Available in Some Areas
You are subject to the laws of the state, province, city, country, or other legal entity in which you reside or from which you access Fapcat. Fapcat IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account or use Fapcat while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these Terms and Conditions, and subject to having your account suspended or terminated without any notice to you. You hereby agree that Fapcat cannot be held liable if laws applicable to you restrict or prohibit your participation. Fapcat makes no representations or warranties, implicit or explicit, as to your legal right to participate in any Service offered on Fapcat, nor shall any person affiliated, or claiming affiliation, with Fapcat have authority to make any such representations or warranties. We reserve the right to restrict access to Fapcat in any jurisdiction.