BDSMClasses User Agreement
The following describes the terms upon which BDSMClasses.com offers you access to our services.
This Agreement sets forth the terms and conditions applicable to your use of our services at BDSMClasses.
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective after they are initially posted on our site.
1. Membership Eligibility.
Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors, you must be 18 years of age to participate. If you do not qualify, please do not use our services.
BDSMClasses is a venue developed and managed for the purpose of educational learning experiences for adults. If you find adult content offensive you should not view or participate in any part of BDSMClasses. If you are under 18 years old do not view or participate in any part of BDSMClasses.
2. Fees and Services.
Services and products provided by BDSMClasses and its assigns are fee based. Fees for each skillshop, product, Focus Group or seminar may vary. Fees may be changed at any time without written notice for our services. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes.
1. Refunds and Transfers. Fees may be transferred to another person if done so in writing ten (10) days prior to the beginning date of the service. Refunds will be issued via check minus 10% to cover merchant bank processing fees and mailed if requested twenty (20) days prior to the beginning date of the service. If a seminar is cancelled, you will receive a 100% refund.Refunds may be issued in the form of a certificate made for the amount of fees you paid upon request. This certificate may be used at any future date up to one year from the date of cancellation.
3. BDSMClasses is an educational venue.
1. Overview. The skillshops are an accumulation of the experiences and knowledge of each educator. BDSMClasses makes no claim that this information is the one way of conducting relationships nor necessarily the right thing for you to do in your life. Education is a presentation of the options you may choose to employ in your life. It is not a guaranteed system of results. Results are fully client driven and dependent on the choices and actions of the user solely.
2. Release. BDSMClasses takes no position as to whether a product or service listed is legal for the client to purchase. It is entirely up to the client to determine if a product or service is illegal or unlawful in their locale, city, town, state or country.
3. Release. In the event that you have a dispute with one or more users, you release BDSMClasses (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
4. Information Control. Information provided by other users which is made available through our system is not guaranteed for accuracy. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. If we find that users have been abusive, malicious, or libelous such information may be removed from BDSMClasses Member Boards. If we find that users have been abusive, malicious, or libelous in a skillshop or Focus Group setting said member may be asked to leave and blocked from attending the skillshop or Focus Group and/or future skillshops or Focus Groups.
5. Fraud. Without limiting any other remedies, BDSMClasses may suspend or terminate your membership if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.
4. Your Information.
Your Information is defined as any information you provide to BDSMClasses in the registration or through our Members Board. With respect to Your Information:
1. Your Information: (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve a counterfeit or stolen identity; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation; (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography or promote hatred or intolerance against a person or group of persons; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) shall not link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) you do not have a right to link to or include. Furthermore, you may not list any information that could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited Acts.
5. Access and Interference.
Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the BDSMClasses site or any business being conducted on our site. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of BDSMClasses or the appropriate third party.
1. Media, Press, or Internet Publication.
You agree to not publish a story, novel, news piece, article, or any other means of written word, podcast, or a recording of any nature of seminars, classes, workshops, skillshops or focus groups at BDSMClasses without the prior expressed written permission of BDSMClasses. You agree without written permission that you will be held legally liable under New York law for any violation.
Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users or us.
7. No Warranty.
WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES AS IS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
8. Liability Limit.
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) . Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
10. Legal Compliance.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and products.
11. No Agency.
You and BDSMClasses are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given by email to BDSMClasses. (in the case of BDSMClasses) or to the email address you provide to BDSMClasses during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to BDSMClasses during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Any controversy or claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or BDSMClasses may seek any interim or preliminary relief from a court of competent jurisdiction in New York necessary to protect the rights or property of you or BDSMClasses pending the completion of arbitration.
This Agreement shall be governed in all respects by the laws of the State of New York as such laws are applied to agreements entered into and to be performed entirely within New York between New York residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
End of User Agreement.