BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through ’thecleavageclub.com’ domain name, ’thecleavageclub.com’ RSS feed, ‘the cleavage club Website‘, or ‘Website‘), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the ‘Terms of Service‘) AND THE TERMS AND CONDITIONS OF THECLEAVAGECLUB.COM’S PRIVACY NOTICE, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use ’thecleavageclub.com’ Website.
These Terms of Service apply to all users of TheCleavageClub Website, including users who are also contributors of image and video content, information, and other materials or services (including but not limited to the RSS Feed) on the Website. TheCleavageClub Website may contain links to third party websites that are not owned or controlled by TheCleavageClub. TheCleavageClub has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, TheCleavageClub will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve TheCleavageClub from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the TheCleavageClub Website and to read the terms and conditions and privacy policy of each other website that you visit.
A. TheCleavageClub hereby grants you permission to use the Website as set forth in this Terms of Service, provided that:
You are at least 18 years of age;
The Website as permitted is solely for your personal, noncommercial use;
You will not copy or distribute any part of the Website in any medium without TheCleavageClub’s prior written authorization;
You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and
You will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify TheCleavageClub immediately of any breach of security or unauthorized use of your account. Although TheCleavageClub will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of TheCleavageClub or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, ‘robots,‘ ‘spiders,‘ ‘offline readers,‘ etc., that accesses the Website in a manner that sends more request messages to the TheCleavageClub servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, TheCleavageClub grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. TheCleavageClub reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
D. Code of Conduct.
You agree to use the Service in accordance with the following Code of Conduct:
Thecleavageclub is NOT a porn site as such, any images, videos or other user submissions which we deem to be of a sexual nature are not allowed and hence may be deleted as per our terms and conditions.
Sexual nature may include, images or videos containing nudity wherein the exposure of nipples for women and the penis for men is seen to be of a graphic nature, but not limited to the above. We reserve the right to exercise this policy yet are NOT obligated to! Hence monitoring user submissions at our own discretion!
The entering of your mobile/ telephone number or email into a box provided (often to gain extra voting credits) and the continued use of the Service indicates that you are willing to be bound by our terms and conditions.
By registering your details with thecleavageclub.com, including creating an account with us you are agreeing to receive promotional text messages (‘SMS‘) and emails from us (‘the Service‘) which include special offers and promotional discounts.
When registering your phone number into the category box (often used to receive added voting credits) anywhere on the site you are consenting to receive SMS messages and/or emails from us. Thecleavageclub.com may, in its sole discretion, define each category. Thecleavageclub.com may, from time to time, send you email or SMS messages relating to other products in which they feel you might be interested.
There may come a time when we choose to charge you for SMS services, such charges will be clearly outlined and submitted to you. This may be confirmed via SMS or email, with the message being ‘subscribe to TCC for (cost of service in £ or $) per month‘. Until such time this service is FREE without charge to you.
To Unsubscribe:
You will be subscribed to the Service until you choose to unsubscribe (which can be done at any time by sending an email to contactus@thecleavageclub.com or by responding ‘STOP‘ to a SMS ). You may also be automatically unsubscribed from the Service if it becomes apparent to us that your phone number or email address have changed
Thecleavagelcub.com accepts no responsibility for the content of any SMS messages, marketing material, third party web-links or promotional offers that are distributed on behalf of third parties as part of the Service.
A. Use of TheCleavageClub.com’s RSS Feeds:
We offer RSS feeds as a free service to individuals for private, non-commercial use. You may not redistribute. All other uses are prohibited, including placing advertising into, around, or targeted towards the TheCleavageClub.com RSS content. You must use the RSS feeds as provided by TheCleavageClub.com, and you may not edit or modify the text, content or links supplied by TheCleavageClub.com. Content from TheCleavageClub RSS Feed may not be accessible via any sort of download software or platform. TheCleavageClub.com does not represent that the Service is reliable, accurate, complete, or otherwise valid. THE SERVICE IS PROVIDED ‘AS IS‘ WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. THECLEAVAGECLUB.COM EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING ANY IMPLIED WARRANTY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
B. Links on TheCleavageClub.com RSS Feed Content:
TheCleavageClub.com RSS service may be used only on platforms that include a functional linking such that, when clicked, takes the viewer directly to the destination of the original link. You may not display TheCleavageClub.com’s RSS content in a way that prevents successful linking to, redirection to or delivery of such links. You may not insert any intermediate or other page, or any other content, between the RSS link and the appropriate TheCleavageClub.com link.
C. Ownership and Attribution:
TheCleavageClub.com retains all ownership and other rights to all TheCleavageClub logos, platforms and trademarks used in connection with TheCleavageClub.com’s RSS content. You must provide attribution to the TheCleavageClub.com network website in connection with your use of TheCleavageClub.com’s RSS feeds. If you provide this attribution using a graphic, you must use the logo from the appropriate TheCleavageClub.com network website that is incorporated into the RSS feed.
D. Right to Discontinue Feeds:
TheCleavageClub.com reserves the right to discontinue providing RSS feeds at any time and to require you to cease displaying, distributing or otherwise using any or all of the TheCleavageClub.com RSS feeds for any reason. TheCleavageClub.com expressly disclaims all liability for any of your activities in connection with the RSS feeds or for your use of the RSS feeds in connection with your website.
The content on the TheCleavageClub Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (‘Content‘) and the trademarks, service marks and logos contained therein (‘Marks‘), are owned by or licensed to TheCleavageClub, subject to copyright and other intellectual property rights under United Kingdom and foreign laws and international conventions. Content on the Website and RSS Feed is provided to you AS IS for your 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 the prior written consent of the respective owners. TheCleavageClub reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You may not download any content from TheCleavageClub.com You agree not to circumvent, disable or otherwise interfere with security related features of the TheCleavageClub Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the TheCleavageClub Website or the Content therein.
A. TheCleavageClub Website may now or in the future permit the submission of images and videos or other communications submitted by you and other users (‘User Submissions‘) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, TheCleavageClub does not guarantee any confidentiality with respect to any submissions. All individuals within submissions MUST BE OVER 18.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:
You own or have the necessary licenses, rights, consents, and permissions to use and authorize TheCleavageClub to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and
You have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to TheCleavageClub, you hereby grant TheCleavageClub 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 TheCleavageClub Website and TheCleavageClub’s (and its successor’s) business, including without limitation for promoting, marketing and redistributing part or all of the TheCleavageClub Website (and derivative works thereof, including offline formats) in any media formats and through any media channels. You also hereby grant each user of the TheCleavageClub Website 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 the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you contact us regarding the removal of a User Submission from the TheCleavageClub Website.
In connection with User Submissions, you further agree that you will not:
Submit material that is unlawful, obscene, defamatory, libelous, threatening, 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
Publish falsehoods or misrepresentations that could damage TheCleavageClub or any third party;
Submit material that is unlawful, obscene, defamatory, libelous, threatening, 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
TheCleavageClub does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and TheCleavageClub expressly disclaims any and all liability in connection with User Submissions. TheCleavageClub does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and TheCleavageClub will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. TheCleavageClub reserves the right to remove Content and User Submissions without prior notice. TheCleavageClub will also terminate a User’s access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. While adult content are accepted, TheCleavageClub also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material, or excessive length. TheCleavageClub may remove such User Submissions and/or terminate a User’s access for uploading such material or edit submissions in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification to : contactus@thecleavageclub.com
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
TheCleavageClub’s designated Copyright Agent to receive notifications of claimed infringement is contactus@thecleavageclub.com. For clarity, only DMCA notices should go to: contactus@thecleavageclub.com; any other feedback, comments, requests for technical support, and other communications should be directed to TheCleavageClub: contactus@thecleavageclub.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
E. You understand that when using the TheCleavageClub Website, you will be exposed to User Submissions from a variety of sources, and that TheCleavageClub is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further 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 equitable rights or remedies you have or may have against TheCleavageClub with respect thereto, and agree to indemnify and hold TheCleavageClub, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
F. TheCleavageClub permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, TheCleavageClub may provide an ‘Embeddable Player‘ feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the TheCleavageClub website on the pages containing the Embeddable Player. TheCleavageClub reserves the right to discontinue any aspect of the TheCleavageClub Website at any time.
G. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by any other user of the Service, including but not limited to, information regarding a member’s, age and marital status. You hereby acknowledge and agree that we have no responsibilities or liabilities for any inaccuracies, intentional or unintentional, made by users.
To confirm: You are solely responsible for any information that you post or display to other members or when using the Service!
H. Removal of Information
While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation advertisements, public postings and messages, that we, in our sole discretion, may deem to violate the Code of Conduct set out above or to be otherwise unacceptable to us in our sole discretion. Notwithstanding our right to delete, move or edit messages or materials, you shall remain solely responsible for the content of advertisements, public postings, messages and other materials you may upload to the Service or otherwise provide to users of the Service.
YOU AGREE THAT YOUR USE OF THECLEAVAGECLUB WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THECLEAVAGECLUB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THECLEAVAGECLUB MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
PERSONAL INJURY 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/OR FINANCIAL INFORMATION STORED THEREIN,
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THECLEAVAGECLUB WEBSITE.
THECLEAVAGECLUB DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THECLEAVAGECLUB WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THECLEAVAGECLUB WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE 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 YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL THECLEAVAGECLUB, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
PERSONAL INJURY 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/OR FINANCIAL 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 ANY THIRD PARTY, AND/OR
ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THECLEAVAGECLUB WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THECLEAVAGECLUB SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by TheCleavageClub from its facilities in the United Kingdom. TheCleavageClub makes no representations that TheCleavageClub Website is appropriate or available for use in other locations. Those who access or use TheCleavageClub Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless TheCleavageClub, 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 TheCleavageClub 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 the TheCleavageClub Website
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or 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 and comply with these Terms of Service. In any case, you affirm that you are over the age of 18, as the TheCleavageClub Website is not intended for children under 18. If you are under 18 years of age, then please do not use TheCleavageClub Website-there are lots of other great web sites for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TheCleavageClub without restriction.
You agree that:
TheCleavageClub Website shall be deemed solely based in the United Kingdom; and
TheCleavageClub Website shall be deemed a passive website that does not give rise to personal jurisdiction over TheCleavageClub, either specific or general, in jurisdictions other than The United Kingdom. These Terms of Service shall be governed by the internal substantive laws of The United Kingdom, without respect to its conflict of laws principles. Any claim or dispute between you and TheCleavageClub that arises in whole or in part from TheCleavageClub Website shall be decided exclusively by a court of competent jurisdiction located in The United Kingdom.
These Terms of Service, together with the Privacy Notice and any other legal notices published by TheCleavageClub on the Website, shall constitute the entire agreement between you and TheCleavageClub concerning TheCleavageClub Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and TheCleavageClub’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. TheCleavageClub reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the TheCleavageClub Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND THECLEAVAGECLUB AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THECLEAVAGECLUB WEBSITE MUST COMMENCE WITHIN ONE (1) MONTH AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Terms of Use updated on April 24, 2009