Terms & Conditions
The terms and conditions of this Agreement are subject to change by Fapcat at any time inits sole discretion and you agree be bound by all modifications, changes and/or revisions. If you do notaccept to be bound by any and all modifications, changes and/or revisions of this agreement, you many notuse fapcat.com.
The terms and conditions contained herein apply to all users of Fapcat whether a 'visitor'or a 'member' and you are only authorized to use fapcat.com if you agree to abideby all applicable laws and be legally bound by the terms and conditions of this Agreement.
The Fapcat website allows for uploading, sharing and general viewing various types ofcontent allowing registered and unregistered users to share and view visual depictions of adult content,including sexually explicit images. In addition, Fapcat contains video content, informationand other materials posted/uploaded by users. Fapcat allows its users to view the Contentand Website subject to the terms and conditions of this Agreement.
The Fapcat website may also contain certain links to third party websites which are in noway owned or controlled by Fapcat. Fapcat assumes no responsibility for thecontent, privacy policies, practices of any and all third party websites. Fapcat cannotcensor or edit the content of third party sites. You acknowledge that Fapcat will not beliable for any and all liability arising for your use of any third-party website.
Fapcat is for your personal use and shall not be used for any commercialendeavor except those specifically endorsed or approved by fapcat.com. Any illegaland/or unauthorized use of Fapcat is prohibited including but not limited to collectingusernames and e-mail addresses for sending unsolicited emails or unauthorized framing or linking to theFapcat website is prohibited.
In order to use this website, you affirm that you are at least eighteen (18) year of age and/or over theage of majority in the jurisdiction you reside and from which you access the website where the age ofmajority is greater than eighteen (18) years of age. If you are under the age of 18 and/or under the age ofmajority in the jurisdiction you reside and from which you access the website, then you are not permittedto use the website.
You acknowledge and agree that you shall be responsible for your own user submissions and the consequencesof posting, uploading, publishing, transmitting or other making them available on Fapcat.You agree that you shall not (nor others using your account) post, upload, publish, transmit or makeavailable in any way on Fapcat content which is illegal, unlawful, harassing, harmful,threatening, tortuous, abusive, defamatory, obscene, libelous, invasive of one's privacy including but notlimited to personal information, hateful, racial. You also agree that you shall not post, upload, publish,transmit or make available in any way on Fapcat software containing viruses or any othercomputer code, files, or programs designed to destroy, interrupt, limit the functionality of, or monitor,or persistently reside in or on any computer software or hardware or telecommunications equipment. Youagree that you shall not (nor others using your account) post, upload, publish, transmit or make availablein any way on Fapcat content which is intentionally or unintentionally violating anyapplicable local, state, national, or international law, or any regulations or laws having the force of lawwhere you reside and elsewhere, including but not limited to any laws or regulations relating tosecurities, privacy, and export control; engage in, promote, You agree that you shall not (nor others usingyour account) post, upload, publish, transmit or make available in any way on Fapcatcontent depicting illegal activities, promote or depict physical harm or injury against any group orindividual, or promote or depict any act of cruelty to animals; You agree not to use Fapcatin any way that exposes Fapcat to criminal or civil liability.
You agree that Fapcat shall have the right to determine in its sole and unfettereddiscretion, what action shall be taken in the event of any discovered or reported violation of the termsand conditions contained herein.
5. INTELLECTUAL PROPERTY
The Content contained on the Fapcat with the exception of User Submissions including butnot limited to the text, software, scripts, graphics, music, videos, photos, sounds, interactive featuresand trademarks, service marks and logos contained therein, are owned by and/or licensed toFapcat, subject to copyright and other intellectual property rights under United States,Canada and foreign laws and international conventions. Content on the Website is provided to you AS IS foryour information and personal use only and may not be used, copied, reproduced, distributed, transmitted,broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without theprior written consent of the respective owners. Fapcat reserves all rights not expresslygranted in and to the Website and the Content. You agree to not engage in the use, copying, or distributionof any of the Content other than expressly permitted herein, including any use, copying, and/ordistribution of User Submissions of third parties obtained through the Website for any commercial purposes.If you download or print a copy of the Content for personal use, you must retain all copyright and otherproprietary notices contained therein. You agree not to disable, circumvent, or otherwise interfere withsecurity related features of the Fapcat or features that prevent or restrict use or copyingof any Content or enforce limitations on use of the Fapcat Website or the Content therein.
6. USER SUBMISSIONS
Fapcat permits the submission of video and other communications and the hosting, sharingand publishing of such user submissions. You understand that whether or not such User Submissions arepublished and/or uploaded, Fapcat does not guarantee any confidentiality with respect toany submissions.
Fapcat allows/permits you to link to materials on the Website for personal, non-commercialpurposes only. More over, Fapcat provides an "Embeddable Player" feature, which you mayincorporate into your own personal, non-commercial websites for use in accessing the materials on theWebsite, provided that you include a prominent link back to the Fapcat website on thepages containing the Embeddable Player. Fapcat reserves the right to discontinue any aspectof the Fapcat website at any time. In addition, you may not modify, build upon or block anyportion of the Embeddable Player in any way.
You shall be solely responsible for any and all of your own User Submissions and the consequences ofposting, uploading and publishing them. Furthermore, with User Submissions, you affirm, represent and/orwarrant that you own or retain the necessary licenses, rights, consents, and permissions to use andauthorize Fapcat to use all trademarks, copyrights, trade secrets, patents, or otherproprietary rights in and to any and all User Submissions to enable inclusion and use of the UserSubmissions in the manner contemplated by the Website and these Terms of Service; and you will not post, orallow anyone else to post, any material that depicts any person under the age of 18 years and you haveinspected and are maintaining written documentation sufficient to confirm that all subjects of yoursubmissions are, in fact, over the age of 18 years. You have the written consent, release, and/orpermission of each and every identifiable individual person in the User Submission to use the name orlikeness of each and every such identifiable individual person to enable inclusion and use of the UserSubmissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retainall of your ownership rights in your User Submissions. By submitting the User Submissions toFapcat, you hereby grant Fapcat a worldwide, non-exclusive, royalty-free,sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of,display, and perform the User Submissions in connection with the Fapcat Website andFapcat's (and its successor's) business, including without limitation for promoting andredistributing part or all of the Fapcat Website (and derivative works thereof) in anymedia formats and through any media channels. You also hereby grant each user of the FapcatWebsite a non-exclusive license to access your User Submissions through the Website, and to use, reproduce,distribute, prepare derivative works of, display and perform such User Submissions as permitted through thefunctionality of the Website and under these Terms of Service. The foregoing license granted by youterminates once you remove or delete a User Submission from the Fapcat Website.
In submitting material (video or other communication), you further agree that you shall not:
- submit material that is copyrighted, protected by trade secret or otherwise subject to third partyproprietary rights, including privacy and publicity rights, unless you are the owner of such rights orhave permission from their rightful owner to post the material and to grant Fapcat allof the license rights granted herein;
- publish falsehoods or misrepresentations that could damage Fapcat or any third party;
- submit material that is obscene, illegal, unlawful, defamatory, libelous, harassing, hateful,racially or ethnically offensive, or encourages conduct that would be considered a criminal offense,give rise to civil liability, violate any law, or is otherwise inappropriate;
- post advertisements or solicitations of business;
- impersonate another person.
Fapcat does not endorse any User Submission or any opinion, recommendation, or adviceexpressed therein, and Fapcat expressly disclaims any and all liability in connection withUser Submissions. Fapcat does not permit copyright infringing activities and infringementof intellectual property rights on its Website, and Fapcat will remove all Content and UserSubmissions if properly notified that such Content or User Submission infringes on another's intellectualproperty rights. Fapcat reserves the right to remove Content and User Submissions withoutprior notice or delay. Fapcat will also terminate a User's access to its Website, if theyare determined to be an infringer. While pornographic and adult content are accepted,Fapcat also reserves the right to decide in its sole and unfettered discretion, whetherContent or a User Submission is appropriate and complies with these Terms of Service for violations otherthan copyright infringement and violations of intellectual property law, such as, but not limited to,obscene or defamatory material, or excessive length. Fapcat may remove such UserSubmissions and/or terminate a User's access for uploading such material in violation of these Terms ofService at any time, without prior notice and at its sole discretion.
You understand and acknowledge that when using fapcat.com, you will be exposed toUser Submissions from a variety of sources, and that Fapcat is not responsible for theaccuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. Youfurther understand and acknowledge that you may be exposed to User Submissions that are inaccurate,offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitablerights or remedies you have or may have against Fapcat with respect thereto, and agree toindemnify and hold Fapcat, its Owners, affiliates, operators, and/or licensors, harmless tothe fullest extent allowed by law regarding all matters related to your use of the website.
You agree that Fapcat may at its sole discretion have the right to refuse to publish,remove, or block access to any User Submission that is available via the Website or otherFapcat network or services at any time, for any reason, or for no reason at all, with orwithout notice.
Fapcat provides its website as a service to its users. However, Fapcatassumes no responsibility whatsoever for monitoring the Fapcat Services for inappropriatecontent or conduct. If at any time Fapcat chooses, in its sole discretion, to monitor theFapcat Services, however, Fapcat assumes no responsibility for the content,no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of theUser submitting any such content. Fapcat may review and delete any User Submissions that,in its sole judgment, violates this Agreement or may be otherwise offensive or illegal, or violate therights, harm, or threaten the safety of any User or person not associated with the Website (collectively"Inappropriate User Submissions"). You are solely responsible for the User Submissions that you makevisible on the Website or to any third-party website via an embedded player provided by the Website or anyother material or information that you transmit or share with other Users or unrelated third-parties viathe Website.
You further understand, acknowledge, agree and specifically authorize Fapcat to use, reuse,post, publish or upload any User Submissions on any other website owned or controlled byFapcat or on any website with whom Fapcat has an agreement with respect toUser Submissions content or sponsor uploaded video. In addition, User submission is deemed to include anysponsored or otherwise branded uploaded videos. Fapcat reserves the right to determine asits discretion on what basis would a User submissions or an uploaded video might be shared with otherwebsites (rating, number of views, user reviews, etc.).
7. ACCOUNT TERMINATION POLICY
A User's access to Fapcat will be terminated if, under appropriate conditions, the User isdetermined to infringe repeatedly. Fapcat reserves the right to decide whether Content orif a User's Submission is appropriate and complies with these Terms and Conditions in regards to violationsother than copyright infringement or privacy law, such as, but not limited to, hate crimes, pornography,obscene or defamatory material, or excessive length. Fapcat may remove such UserSubmissions and/or terminate a User's access for uploading such material in violation of these Terms andConditions at any time, without prior notice and at its sole discretion.
Fapcat abides by a ZERO TOLERANCE policy relating to any illegal content. Child Pornography,bestiality, rape, torture, snuff, death and/or any other type of obscene and/or illegal material shall notbe tolerated by Fapcat. Fapcat shall not condone child pornography and willcooperate with all governmental agencies that seek those who produce child pornography.
You acknowledge that Fapcat reserves the right to charge for Fapcatservices and to change its fees from time to time in its discretion. Further more, in the eventFapcat terminates your rights to use the website because of a breach of this Agreement, youshall not be entitled to the refund of any unused portion of subscription fees.
You represent and warrant that all of the information provided by you to Fapcat toparticipate in the Fapcat website is accurate and current and you have all necessary right,power, and authority to enter into this Agreement and to perform the acts required of you hereunder.
11. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE FAPCAT WEBSITE SHALL BE AT YOUR SOLE RISK. TO THEFULLEST EXTENT PERMITTED BY LAW, FAPCAT.COM, ITS OFFICERS, DIRECTORS,EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOURUSE THEREOF. FAPCAT.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUTTHE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE ANDASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONALINJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/ORFINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANYTHIRD PARTY, AND/OR ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED ASA RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THEFAPCAT WEBSITE. FAPCAT DOES NOT WARRANT, ENDORSE,GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTYTHROUGH THE FAPCAT WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNEROR OTHER ADVERTISING, AND FAPCAT WILL NOT BE A PARTY TO OR IN ANY WAY BERESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOURBEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TOTHE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THATFAPCAT SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, ORILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELYWITH YOU.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL FAPCAT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BELIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVERRESULTING FROM ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANYNATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USEOF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, ORTHE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR ANY ERRORS OROMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANYCONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FAPCATWEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THECOMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TOTHE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THATFAPCAT SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, ORILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELYWITH YOU.
You agree to defend, indemnify and hold harmless Fapcat, its parent corporation, officers,directors, employees and agents, from and against any and all claims, damages, obligations, losses,liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- your use of and access to the Fapcat Website;
- your violation of any term of these Terms of Service;
- your violation of any third party right, including without limitation any copyright, property, or privacy right; or
- any claim that one of your User Submissions caused damage to a third party.
This defense and indemnification obligation will survive these Terms of Service and your use of theFapcat Website.
You affirm that you are either more than 18 years of age or an emancipated minor, or possess legal parentalor guardian consent, and are fully able and competent to enter into the terms, conditions, obligations,affirmations, representations, and warranties set forth in these Terms of Service, and to abide by andcomply with these Terms and Conditions contained herein.
The Terms and Conditions contained herein and any rights and licenses granted hereunder, may not betransferred or assigned by you, but may be assigned by Fapcat without restriction.
If any term, clause or provision of the agreement is held invalid or unenforceable by a court of competentjurisdiction, such invalidity shall not affect the validity or operation of any term, clause or provisionand such invalid term, clause or provision shall be deemed to be severed from this Agreement.