Twisted Factory Terms of Use

TERMS OF USE

Effective Date: January 1, 2013


  1. Preamble and General Principles
    1. These terms of use describe the code of conduct that TFactory LLC (d/b/a/ Twisted Factory, tfreleasing.com (located at 47 Julian Ave, San Francisco CA 94103), and all of its properties operated under this name, hereinafter known as “Twisted Factory,” requires of all end-users of Twisted Factory's Internet services (the "Services") - those who access some of our Services but do not have accounts ("Visitors") as well as those who pay fees to gain access to the Services ("Members") - information and guidelines relating to Visitor and Member ("User") participation within Twisted Factory's online communities, and the consequences of any user misconduct within them. Twisted Factory requests that you read these terms and conditions carefully.
    2. Your use of Twisted Factory's services and/or order of products through Twisted Factory's websites constitute your acceptance of these Terms of Use. If you do not agree to abide by these Terms, you are not permitted to access Twisted Factory's services or order products.
    3. Twisted Factory's websites link to other websites that have their own specific Terms of Use or Terms of Service, which you also agree to accept by using those websites and/or ordering products.
    4. Twisted Factory's services contain materials of an adult, sexually explicit nature. You agree and affirm that you are not offended by adult, sexually explicit materials and wish to view such materials.
    5. You agree and affirm that you are of legal age (18 years old in most jurisdictions, 21 in others) to purchase adult, sexually explicit materials in your jurisdiction. You agree and affirm that you are accessing and viewing Twisted Factory's services from a location and jurisdiction where the access and use of these adult, sexually explicit materials is not prohibited by law. You agree and affirm that you will not make the products purchased from or otherwise accessed by you from Twisted Factory or its related websites available to minors or to any person that does not wish to view adult, sexually explicit materials. You agree and affirm that the products you purchase are for use and viewing in the privacy of your own home and will not be used for public display or be made available for public display.
    6. Twisted Factory does not make any warranties as to fitness for any particular use nor does Twisted Factory make any warranties as to the accuracy of descriptions of the products.
    7. The text, images, graphics, logos, illustrations, icons, data, scripts, programs, software, music, sound, videos and other materials that are shown on Twisted Factory's websites, delivered to you or otherwise made available through Twisted Factory's services are copyrighted by Twisted Factory and/or the respective intellectual property owner. You agree not to duplicate, upload, distribute, reproduce, modify, display, post, transmit, sell or otherwise exploit or share the materials, videos, and other intellectual property from Twisted Factory or third party providers. All content is copyrighted and protected under US and international copyright law. You are granted a limited license to view the content of the products and Twisted Factory in the privacy of your own home only, and for personal use only. This limited license terminates if you breach any of these Terms.
    8. You agree to indemnify Twisted Factory and all third parties that are linked to Twisted Factory and Twisted Factory's services, and all subsidiaries, affiliates, officers, agents, partners, and employees from any claims or demands made by any third party due to or arising from your use of Twisted Factory's services, purchase of materials from Twisted Factory or any third parties linked from Twisted Factory services, or use of any materials purchased or rented from Twisted Factory or third parties linked from Twisted Factory services.
    9. Your use of Twisted Factory's services is at your own risk. Twisted Factory's services and all websites linked from it are provided "AS IS" and on an "AS AVAILABLE" basis. The content and materials are provided "AS IS" and no warranties are made of any kind. Twisted Factory disclaims all warranties, express or implied, or any kind, including any implied warranty of merchantability, fitness for any purpose, or non-infringement. Twisted Factory makes no representations, guarantees or warranties as to the quality, accuracy, suitability, truth or completeness of any portion of this website or any materials or information made available through Twisted Factory's services. Any references to any real person, living or dead, are purely coincidental. Twisted Factory and its suppliers are not liable for the accuracy or completeness of any of the materials available through Twisted Factory's services.
    10. Twisted Factory makes no guarantee that the services will operate in any certain way or on any particular platform, software, browser, or hardware. Twisted Factory makes no guarantee that the materials are acceptable or legally viewable in any jurisdiction or that the materials will meet your expectations or satisfaction. Any use of Twisted Factory services is at your own risk and you are solely responsible for any damage to your computer hardware or software or loss of data that occurs during your use of the website regardless of fault, including damage or loss due to viruses, Trojans, or other malware.
    11. No advice or information obtained through Twisted Factory's services will create any warranty and employees of Twisted Factory or third party contributors are not authorized to alter these terms.
    12. To the extent allowable, Twisted Factory is not liable for any direct, indirect, incidental, consequential, punitive, exemplary or consequential damages that may occur from your use of Twisted Factory's services or any purchase, use or viewing of the materials available on these websites, including but not limited to loss of use, loss of profits, revenue, data, or any other loss you may incur however caused and regardless of fault.
    13. You are solely responsible for adequate protection and backup of your hardware, software, data, and equipment used to view this website or access Twisted Factory's services.
    14. You agree to hold Twisted Factory, its suppliers, third party affiliates, officers, partners, and employees harmless from any claims based on use of the website or materials obtained through Twisted Factory's services whether in contract, tort, negligence, or otherwise to the extent permitted by law.
    15. Twisted Factory respects your desire for privacy. Our privacy policy is linked to from the bottom of every TwistedFactory.com website's home page. By using Twisted Factory's services, you are consenting to our use of your information according to the privacy policy in place at the time you use the website. Twisted Factory may store your information and information regarding your use of Twisted Factory's services indefinitely. You may be redirected to third party websites, including third party billing companies, during your use of Twisted Factory's services. Information that you provide to any third party website is subject to the privacy policy of those websites. You should read and understand the privacy policies of each website before using Twisted Factory's services or entering any information.
    16. You are not permitted to violate the security of Twisted Factory's services or access or attempt to access any data not intended for users of Twisted Factory services. You are not permitted to access or log onto any server or account without specific authorization to do so. You are not authorized to scan, probe or test the vulnerability of Twisted Factory services, websites, servers, or account security or authentication procedures. You are not permitted to interfere with the operation of Twisted Factory's services or its servers. You are not permitted to submit or attempt to submit viruses, Trojans, or malware of any kind. You are not permitted to attempt to overload, flood, spam, mailbomb, or crash the website or servers. You are not permitted to access any part of this website or its servers other than access granted to ordinary users. Violation of these conditions will result in termination of your authorization to use Twisted Factory's services and may result in civil liability or criminal investigation. Website will cooperate with law enforcement investigators to determine if criminal activity has occurred and cooperate with any prosecution. Notwithstanding other remedies, and without waiving any right to any other remedies.
    17. These Terms constitute the entire agreement between you and Twisted Factory and govern your use of Twisted Factory's services, superseding any prior agreements, written, oral, or otherwise, including, but not limited to, prior terms of use. You may also be subject to additional terms as these Terms are updated and you are subject to the terms of third party websites that you may navigate to from Twisted Factory's services. You may not assign or transfer your user name, password, rights, or login information to any other party.
    18. Any breach of these Terms could result in harm to properties for which monetary damages would be an inadequate remedy, and therefore, in addition to the remedies otherwise available, including monetary damages, Twisted Factory will be entitled to equitable relief, including but not limited to injunction, costs, and attorney's fees associated with Twisted Factory enforcing its rights against you.
    19. You agree to subject yourself to the personal jurisdiction, laws and courts of San Francisco, California, in the event of a suspected breach of these Terms.
    20. You agree to abide by all laws, including international import and export laws and to refrain from using Twisted Factory's services or purchasing products that may be in violation of any laws.
    21. The failure of Twisted Factory to enforce any of these Terms does not constitute a waiver thereof. If any of these Terms is held to be unenforceable or invalid, you agree that the remaining Terms continue to be binding and enforceable.
    22. Twisted Factory, in its sole discretion, may terminate your use and access of its services at any time and for any reason, or no reason if it believes you have violated any of the terms of use. Any termination may occur without notice to you and Twisted Factory may immediately deactivate or delete your account. Twisted Factory will not be liable to you or any third party for any reason upon termination of your account.
  1. Revisions to this Policy
  1. User Conduct within Twisted Factory's Online Communities
      1. You must not use our site to harvest email addresses or other personally identifiable information, either manually or using scripts or other software, for the purpose of marketing or promoting any commercial or non-commercial entity.
      2. You must not engage in any activity that will endanger, jeopardize or potentially damage Twisted Factory's facilities or services, including but not limited to "denial of service" attacks.
      3. You must not use any automated script or other software to collect information or content from Twisted Factory's sites in any way.
      4. You must not impersonate employees of Twisted Factory or other members of the community, or in any way mislead other users to believe that you are someone you are not.
      5. You must not offer anything for sale on Twisted Factory's sites or solicit any purchases while on Twisted Factory's sites.
      6. You must not upload or in any other way make viruses available to users of Twisted Factory's sites or to any element of the sites themselves.
      7. You must not intimidate, harass or threaten other users, employees, or contractors of Twisted Factory.
      8. You must not use any other person's account besides your own to post or view content on Twisted Factory sites for any reason, with or without permission.
      9. You must not otherwise violate the terms and conditions of these Terms of Use, Twisted Factory's Community Guidelines, and all applicable local, national, and international laws and regulations.
  1. User Participation Guidelines within Twisted Factory's Online Communities
    1. While moderators might allow some leeway in what is considered to be an acceptable post, crossing certain boundaries may result in your posting being deleted and in extreme or repeated cases, having your access suspended or account nullified. The following posts are absolutely and unconditionally prohibited in Twisted Factory's forums, shoot comments, user profiles, and all other areas of Twisted Factory's online community, be they public or private:
      1. Posts that include excessive profanity
      2. Posts that include racist or homophobic remarks
      3. Posts that are offensive to models, riggers, directors or other users of the site, without offering some form of constructive criticism
      4. Repeated negative posts that offer no constructive criticism
      5. Posts that are unintelligible
      6. Posts that are entirely or substantially in all-capitals or that use formatting that make them difficult to read
      7. Posts with repeated comments, made multiple times by the same member in a single thread or in multiple threads.
      8. Posts that resemble 'spam' or that serve no apparent purpose other than advertising a product or organization that is unrelated to the discussion.
      9. Posts that include images or videos that clearly violate Twisted Factory's shooting rules
      10. Posts that include copyright infringing material, or any material that could result in infringement of any third party intellectual property, privacy or publicity rights.
      11. Posts in which the poster misrepresents him or herself or impersonates an employee of Twisted Factory, a model, performer, rigger, or any other member of the community.
      12. Posts made using an account that is not registered to the individual posting.
      13. Posts that offer anything for sale to users of the site other than Twisted Factory products offered by or through Twisted Factory.
      14. Posts that solicit anything for purchase from users of the site other than Twisted Factory products offered by or through Twisted Factory.
      15. Posts with attachments that may include viruses or other harmful software.
      16. Any other post that Twisted Factory determines to be inappropriate, abusive, or disruptive
      17. Posts that reference activities or contain content that in any way, shape or form could be considered illegal
      18. Posts that otherwise violate the terms and conditions of these Terms of Use, Twisted Factory's Community Guidelines, and all applicable local, national, and international laws and regulations.
  1. Copyright Infringement
      1. You represent and warrant that you own or otherwise have all necessary rights, including but not limited to copyrights, in all content that you submit to Twisted Factory's sites, and that you have secured all third party consents, licenses, waivers and permissions necessary to submit such content.
      2. You represent and warrant that the content submitted by you will not infringe upon or misappropriate any rights of others, including, without limitation, any copyrights, trademarks, trade secrets or other intellectual property rights, rights of publicity, rights of privacy, moral rights or any other proprietary rights of third parties, or violate any applicable law, statute, ordinance or regulation.
      3. YOU AGREE TO INDEMNIFY AND HOLD TWISTED FACTORY HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) ARISING OUT OF, RESULTING FROM OR RELATED TO ANY BREACH BY YOU OF THESE POSTING GUIDELINES.
    1. Twisted Factory has the right (but not the obligation) to review any content that you have submitted to our sites or forums, and to reject, delete, disable, or remove any content that we determine, in our sole discretion, to have violated any of the following conditions:
      1. does not comply with the above outlined "User Participation Guidelines"
      2. might violate any law, infringe upon any rights of third parties, or subject Twisted Factory to liability for any reason
      3. might adversely affect Twisted Factory's public image, reputation or goodwill
      4. should be taken down for any other reason deemed appropriate by Twisted Factory
      5. Billing Questions : Our FAQ covers most billing questions.
      6. If you have any questions about Twisted Factory's Terms of Use or the practices or policies described herein, you may contact our Customer Service Department at support@TwistedFactory.com.
    1. The details outlined in this subsection are for information purposes only. They are not intended to convey legal advice. Please consult your attorney for any matters relating to copyright protection or counter-notification.
  1. User Misconduct
    1. Failure to comply with any of the above Terms and conditions or heed Twisted Factory's warnings to cease or remove inappropriate behavior or material may result in the deletion of your posts, the denial of your forum access, or even the total restriction and/or nullification of your user account.
    2. Twisted Factory has the right (but not the obligation) to review any content that you have submitted to our sites or forums, and to reject, delete, disable, or remove any content that we determine, in our sole discretion, to have violated any of the following conditions:
      1. does not comply with the above outlined "User Participation Guidelines"
      2. might violate any law, infringe upon any rights of third parties, or subject Twisted Factory to liability for any reason
      3. might adversely affect Twisted Factory's public image, reputation or goodwill
      4. should be taken down for any other reason deemed appropriate by Twisted Factory
  1. Billing Questions
    1. Our FAQ covers most billing questions.
    2. Should a refund be issued by Twisted Factory all refunds will be credited solely to the payment method used in the original transaction. Twisted Factory will not issue refunds by cash, check, or to another credit card or payment mechanism. You may cancel your subscription by contacting support@twistedfactory.com
  1. Where to Direct Questions regarding Twisted Factory's Terms of Use Policy
    1. If you have any questions about Twisted Factory's Terms of Use or the practices or policies described herein, you may contact our Customer Service Department at support@twistedfactory.com.