Terms of Services

Introduction

EyeCandy.net (Website) is a privately owned website.

Please read these Terms of Service (Terms) carefully. They contain the legal terms and conditions that govern your use of services provided to you by the Website, including information, text, images, graphics, data or other materials (Content) and products, features and services (Services) provided on the Website.

By using our Website, you agree to be bound by these Terms.

1. Availability

This Website is provided on an “AS IS” and “AS AVAILABLE” basis and we reserve the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree that the Website will not be liable to you for any modification, suspension or discontinuance of the Website or Service.

2. Privacy

The Website has a firm commitment to safeguarding your privacy. Please review our Privacy Policy. The terms of the Website’s privacy policy are incorporated into, and form a part of, these Terms.

3. Copyright

The Website is, unless otherwise stated, the owner of all copyright and data rights in the Service and its Content. Individuals who have posted works to the Website are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of the Website or the appropriate owner of copyright in such works. The Website does not claim ownership rights in your works or other materials posted by you to the Website. You agree not to distribute any part of the Service in any medium other than as permitted in these Terms or by use of functions on the Service provided by us. You agree not to alter or modify any part of the Service unless expressly permitted to do so by us or by use of functions on the Service provided by us.

4. Reporting Copyright Violations

The Website respects the intellectual property rights of others and expects users of the Service to do the same. At the Website’s discretion and in appropriate circumstances, the Website may remove your content submitted to the Site, terminate the accounts of users or prevent access to the Website by users who infringe the intellectual property rights of others. If you believe the copyright in your work or in the work for which you act as an agent has been infringed through this Service, please contact us. You must provide us with substantially the following information, which the Website may then forward to the alleged infringer:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. 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.
3. 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.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

5. External Links

The Website may provide links to third-party websites or resources. You acknowledge and agree that the Website is not responsible or liable for: the availability or accuracy of such websites or resources; or the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Website of such websites or resources or their content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

6. Third Party Software

As a convenience, we may make third-party software available through the Service. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. By downloading third party software, you acknowledge and agree that the software is provided on an “AS IS” basis without warranty of any kind. In no event shall the Website be liable for claims or damages of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Website and its Service.

7. Conduct

You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to the Website that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. The Website does not endorse any content placed on the Service by third parties or any opinions or advice contained in such content. You agree to defend, indemnify, and hold harmless the Website, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.

8. Disclaimer of Warranty and Limitation of Liability

The Website makes no representations or warranties of any kind, express or implied as to the operation of the Service, the Content or the Website. You expressly agree that your use of the Website is at your own risk. The Website disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. The Website makes no warranty as to the security, reliability, timeliness, and performance of its Service. You specifically acknowledge that the Website is not liable for your defamatory, offensive or illegal conduct, or such conduct by third parties, and you expressively assume all risks and responsibility for damages and losses arising from such conduct. Except for the express, limited remedies provided herein, and to the fullest extent allowed by law, the Website shall not be liable for any damages of any kind arising from the use of the Website and its Services, including but not limited to direct, indirect, incidental, consequential, special, exemplary, or punitive damages, even if the Website has been advised of the possibility of such damages. The foregoing disclaimers, waivers and limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. In no event shall the Website’s aggregate liability to you exceed the amounts paid by you to the Website pursuant to this agreement.

9. Amendment of the Terms

We reserve the right to amend these Terms from time to time in our sole discretion. If you have registered as a member, we may notify you of any material changes to these Terms (and the effective date of such changes) by sending a notification on the Site. In addition, we will post the revised terms on the Website. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service.

10. General

These Terms constitute the entire agreement between The Website and you with respect to your use of the Service. The Website’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. The Website shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of the Website. These Terms shall be governed by and construed in accordance with the laws of Singapore. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of Singapore.

11. Comments

If you have any comments or questions about the Service please contact us.

12. Registration

To register as a member of the Service or purchase products, you must be 13 years or lawfully permitted to enter into and form contracts under applicable law. In no event may minors submit Content to the Service. You agree that the information that you provide to us upon registration, at the time of purchase, and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.

13. Password

When you register as a member you will be asked to provide a password. You are responsible for safeguarding the password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify the Website of any unauthorized use of your password.

14. Submitting Content

As a registered member of the Website, you will be granted the privilege of using its Service, which means you may be posting your content in the form of text, images or videos for display in these areas of the Website, subject to your compliance with the Terms.

15. Copyright in Your Content

The Website does not claim ownership rights in your content. For the sole purpose of enabling us to make your content available through the Service, you grant to the Website a non-exclusive, royalty-free license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform your content. Please note that when you upload content, third parties will be able to copy, distribute and display your content using readily available tools on their computers for this purpose although other than by linking to your content on the Website any use by a third party of your content could violate section 4 of these Terms unless the third party receives permission from you by license.

16. Monitoring Content

The Website has no ability to control the content you may upload, post or otherwise transmit using the Service and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material you upload, post or otherwise transmit using the Service.

17. Storage Policy

At this time, the Website provides free online storage of your content to registered members of the Service. However, you acknowledge and agree that the Website may, at its option, establish limits concerning your use of the Service, including without limitation the maximum number of days that your content will be retained by the Service, the maximum size of any content files that may be stored on the Service, the maximum disk space that will be allotted to you for the storage of content on the Website’s servers. Furthermore, you acknowledge that the Website reserves the right to terminate or suspend accounts that are inactive, in Website’s sole discretion, for an extended period of time (thus deleting or suspending access to your content). Without limiting the generality of Section 8, the Website shall have no responsibility or liability for the deletion or failure to store any content maintained on the Service and you are solely responsible for creating back-ups of your content. You further acknowledge that the Website reserves the right to modify its storage policies from time to time, with or without notice to you.

18. Conduct

You agree that you are responsible for all of your content you upload, download, and otherwise copy, distribute and display using the Service. You must have the legal right to copy, distribute and display all parts of any content that you upload, download and otherwise copy, distribute and display. Content provided to you by others, or made available through websites, magazines, books and other sources, are protected by copyright and should not be uploaded, downloaded, or otherwise copied, distributed or displayed without the consent of the copyright owner or as otherwise permitted by law.

You agree not to use the Service:

1. for any unlawful purposes;
2. to upload, post, or otherwise transmit any public and shared content (content which you offer for free) that is offensive, blasphemous, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
3. to upload, post, or otherwise transmit any subscription or paid content featuring pornographic material of real people, which offers sexual services, which glorifies sexual violence, fringe sexual fetish creations, fetish creations that are hard to distinguish from non-consensual sex, or that is obscene, offensive, blasphemous, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
4. to harm minors in any way, including, but not limited to, uploading, posting, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 18;
5. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
6. to upload, post, or otherwise transmit any material which is likely to cause harm to the Website or anyone else’s computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
7. for any commercial purpose, except as expressly permitted under these Terms;
8. to sell access to the Service on any other website or to use the Service on another website for the primary purpose of gaining advertising or subscription revenue other than a personal blog or social network where the primary purpose is to display content from the Website by hyperlink and not to compete with the Website.

19. Commercial Activities

Commercial activities mean the offering, solicitation or sale of goods or services by anyone other than the Website. Commercial activities with respect to the arts are permitted for registered members acting as individuals, for small corporations or partnerships engaged primarily in art-related activities in which one or more of the principals is a registered member or for those seeking to retain the services or works of a registered member. Commercial activities in the form of paid advertising on the Service are subject to the terms and conditions relating to the purchase of such advertising. No other commercial activities are permitted on or through the Service without Website’s written approval. Any interactions with members of the Service with respect to commercial activities including payment for and delivery of goods and/or services and any terms related to the commercial activities including conditions, warranties or representations and so forth are solely between you and the other member. Section 8, above, of these Terms specifically applies with respect to commercial activities.

20. Suspension and Termination of Access, Membership and Content

You agree that the Website may at any time, and without notice, suspend or terminate any part of the Service, or refuse to fulfill any order, or any part of any order or terminate your membership and edit or delete any content stored on the Website, at the Website’s sole discretion, if you fail to comply with the Terms or applicable law.

21. Data Scraping & Machine Learning Activities

This Website is a community of creators and carries Content owned by the community and members.

Members acknowledge that by uploading Content to the Website, third-parties may scrape or otherwise use their works without permission. The Website provides no guarantees that third parties will not include certain Content in external data sources, or otherwise use a creator’s work for Artificial Intelligence training or any other purposes. The Website makes no guarantees that it will pursue each unauthorized use of the Service, and the owners of the works are responsible for policing their own works to the extent permitted by law.