Terms of Use
- General
- Definitions
The Service
refers to clipcube.co.uk and its contents and related services and features.The Content
refers to text, images, video, audio or any combination of these hosted on The Service.The Company
refers to Sunkat Ltd. (UK registration number 09396152), owners and operators of The Service, having their registered office at Unit 1 Ronkswood Hill, Worcester WR4 9ER.- Us, We, Our refer to The Company.
- You, Your refer to you.
- Terms of use refer to this document.
- The majority of these Terms of use apply to all users. Any exceptions are flagged in individual sections.
- Purpose of these Terms of use
- These Terms of use, together with the Privacy notice, form the legal agreement governing Your use of The Service.
- If you do not agree to these Terms of use, you are not allowed to use The Service.
- To enter into this agreement, you must be legally able to enter into this agreement, and the older of either
- 18 years of age; or
- the legal majority in your country of residence
- We may, from time to time, make changes to these Terms of use. Where such changes cause, in Our opinion, substantive change to Your or to Our obligations, we will notify you by email to your registered address.
- Purpose of The Service
- The Service is provided for entertainment purposes only.
- The Service provides access to material of an adult nature which some viewers may find offensive. If you find any of the material hosted on The Service to be offensive, your only remedy under these Terms of use is to cease use of The Service.
- Definitions
- Your use of The Service
- Your agreement to these Terms of use entitles you to a limited license to use The Content on The Service for personal use.
- The limited licence does not include any of the following:
- The licence to resell or to make commercial use of The Service or The Content hosted on it.
- The license to distribute, perform or display publicly The Service or The Content hosted on it, other than such features The Service provides.
- The license to change or create derivative works based upon The Service or The Content hosted on it.
- The license to use any data mining, robots, web page scraping or similar technologies to access The Service or The Content hosted on it.
- The license to download (other than as required for regular use) any portions of The Service or The Content unless expressly permitted by The Service.
- Use of The Service or The Content for other than its intended purpose.
- Your limited license does not transfer ownership of copyright, patents, trademarks or other intellectual property.
- Any use of the The Service or The Content not authorised by these Terms of use will terminate the limited license immediately. Such use may also violate intellectual property law.
- Nothing in the Terms of use should be taken as conferring any transfer of ownership of intellectual property rights.
- We may revoke this license at Our sole discretion at any time.
- Your Account
- To use The Service to access The Content, You must create an account.
- Accounts are identified by an email address and a password.
- You are responsible for maintaining the confidentiality of Your account and its credentials.
- You are responsible for all actions undertaken with Your account. In the event of a security breach, You are responsible for notifying us in a timely manner.
- We will not be liable for any loss that may incur as a result of someone else using Your account, either with or without your knowledge. You could be held liable for losses incurred by us or another party due to someone else using your account.
- You will not use an account belonging to another person at any time.
- We care about the integrity and security of your personal information. But we cannot guarantee that unauthorised third parties will never be able to defeat The Service's security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.
- Paid Services
- The Service may require payment to access some of The Content.
- Where payment is required, the whole cost, including any fees or taxes will be disclosed prior to purchase.
- You may be liable for any additional charges relating to data transmission.
- The Service does not use deceptive billing practices.
- If you believe The Company has charged You in error, You must notify The Company no later than 30 days after you receive the billing statement. If You fail to notify the Company within this time, You waive any disputed charges. You must submit any billing disputes to admin@myfans.stream
- You are entirely liable to The Company for the value of any credit card chargebacks or related fees that The Company incurs on your account.
- Where a suitable solution cannot be found in the event of a billing error, a refund may be issued at The Company's sole discretion.
- User Conduct
- You are solely responsible for all acts and omissions that occur because of your use of The Service.
- You must comply with all laws and regulations of any governmental body that apply to Your access to The Service and The Content, including laws relating to the Internet, data, email and privacy.
- You must not engage in any of the following prohibited activities:
- copying, distributing, or disclosing any part of The Service in any medium, including by any automated or non-automated scraping;
- recording or rebroadcasting any content;
- using The Service to infringe the rights of another person;
- using any automated system, including robots, spiders, offline readers, etc. to access The Service without express consent;
- transmitting spam, chain letters, or other unsolicited email;
- using The Service to submit, publish, display, disseminate, or otherwise communicate any defamatory, libellous, inaccurate, abusive, harmful, threatening, obscene, offensive, hateful, discriminatory, infringing, or illegal material to any other user of The Service or to any other person;
- attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running The Service;
- taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on The Service infrastructure;
- uploading invalid data, viruses, Trojan horses, worms, or other software agents through The Service;
- collecting or harvesting any personally identifiable information, including account names, from The Service;
- using The Service to engage in false or deceptive advertising or trade practices;
- impersonating another person or otherwise misrepresenting Your affiliation with a person or entity, conducting fraud, hiding or attempting to hide Your identity;
- interfering with the proper working of The Service;
- attacking The Service via a denial-of-service (DoS) attack or a distributed denial of service attack (DDoS);
- bypassing the security measures we may use to prevent or restrict access to The Service, including features that prevent or restrict use or copying of The Content or enforce limitations on use of The Service or The Content located on it; or
- using The Service for any unlawful purpose or in any way that is prohibited by these terms or that exposes us to civil or criminal liability.
- Unauthorised use of The Service or the content may also violate various laws, including copyright and trademark laws, the laws of privacy and publicity, and communications regulations and statutes. We will take appropriate action against You for any unauthorised use of The Service or the content, including civil, criminal, injunctive relief, and termination of Your access or registration.
- Links
- The Service may contain links to third-party websites or resources. You acknowledge that We are not responsible or liable for: (1) the availability or accuracy of those websites or resources; or (2) the content, products, or services on or available from those websites or resources. Links to third-party websites or resources do not imply any endorsement by Us of those websites or resources. You acknowledge sole responsibility for and assume all risk arising from Your use of any third-party websites or resources.
- Third Party Content
- Through The Service, You will have the ability to access or use Content provided by third parties. We cannot guarantee that third-party content will be free of material You may find objectionable or otherwise. We will not be liable to You for Your access or use of any third-party content.
- Reliance on Information Posted
- We make the information presented on or through The Service available for general information purposes only. We are not making any warranty about the accuracy or usefulness of this information. Any reliance you place on this information is strictly at your own risk. We will not be liable for any reliance placed on these materials by you or any other visitor to The Service, or by anyone who may be informed of any of its contents.
- The Service includes content provided by third parties, including materials provided by other users. All statements or opinions expressed in these materials, and all responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person providing these materials. These materials do not reflect the opinion of the Company. The Company will not be liable to you or any other person for the content or accuracy of any materials provided by any third parties.
- Content Creators
- You may request that Your account be allowed to publish Your own content.
- The Service is a platform. By design, users post, and are responsible for their own content. Our team may moderate content that we feel is inappropriate for any reason, including, but not limited to, hate, incitement to hatered, violence or misrepresentation.
- When you request that We publish content, you are granting us a perpetual, royalty free license to use Your content to:
- sell it on The Service, providing that We reimburse You at Our current rates;
- create derivative works using Your content for purposes including promotions and advertising for The Service;
- Periodically, We will transfer any monies owed to You in the manner of Your choosing. Your account dashboard will have features for You to specify the details. Payment may be subject to a minimum amount, depending upon Your chosen payment method.
- Content that falls, fully or partially, or that is described as falling under the following categories may be rejected for no other reason:
- Abductions
- Adult Babies
- Bestiality
- Cannibalism
- Babies
- Teen (unless actually 18 or 19 years of age)
- Biting
- Crushing of any living thing
- Fisting (vaginal or anal)
- Guns / Knives / Weapons
- Minors (anyone under the legal age of consent)
- Rape
- Vampires
- Faeces
- Horror (including, but not limited to violence)
- Mind Control
- Racism
- Urinating on others or consumption
- Children
- Simulated Minors
- Blood - real or fake
- Drugs / Narcotics
- Hypnosis
- Kidnapping
- Necrophilia
- Snuff
- Vomit - real or fake
- Privacy For information on data privacy, legal compliance and technologies, please see our Privacy Notice.
- Copyright Policy
- We respect the intellectual property rights of others, and expect all users of The Service to do the same.
- We will respond to all notices of alleged copyright infringement that comply with the applicable laws and are properly provided to Us. If You believe that Your content has been copied in a way that constitutes copyright infringement, please contact The Company immediately providing:
- A physical or electronic signature of the copyright owner or person authorised to act on their behalf;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material on The Service that is claimed to be infringing or to be the subject of infringing activity;
- Information sufficient for Us to locate the item on The Service;
- Your contact information, including email address, postal address and a telephone number. If You are representing a company, also provide details of that company.
- A statement by You that You have a good-faith belief that the use of material in the manner complained of is not authorised by the copyright owner, their agent or the applicable law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that You are authorised to act on behalf of the copyright owner.
- Termination
- Either party may terminate this agreement at any time by notifying the other party.
- We may terminate Your account or suspend Your access to The Service promptly, without advance notice or liability for any reason or no reason, including for breach of this agreement.
- In particular we may terminate accounts that have been flagged for repeated copyright infringement.
- On termination of this agreement, Your access to and ability to use The Service will immediately end.
- Any provisions in this agreement which, by their nature, should survive termination will do so, including ownership, warranty disclaimers and limitations of liability.
- Termination of your access to and use of The Service will not relieve you of any of the obligations arising or accruing before termination or limit any liability that you may have to The Company or any third party.
- Upon termination of this agreement, all limited license to The Content shall end. You are responsible for ensuring any copies of The Content held by You are securely erased. The Company may require proof that this has been carried out.
- Changes to The Service
- We may update The Content on The Service from time to time, however We do not warrant that The Content is complete or up-to-date and We are under no obligation to update The Content. If You believe that You have found errors or omissions in The Service or The Content, please bring them to Our attention by contacting The Company at admin@myfans.stream
- We will try to make sure The Service is always available, however We do not guarantee continuous, uninterrupted or secure access to The Service. Factors outside Our control my interfere with or adversely effect Our operation of The Service.
- Compliance with Law
- The Company is located in the United Kingdom. We are not making any statement to the effect that The Service or The Content is available outside the United Kingdom. You do so on Your own initiative and are responsible for complying with all local laws that apply.
- Disclaimers
- You acknowledge that We cannot and do not state that files available for downloading from the Internet or The Service will be free of viruses or other destructive code.
- You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for antivirus protection and accuracy of data input and output, and for keeping a means external to our Website for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial of service attack (DDoS), viruses, or other technologically harmful material that might affect Your computer equipment, computer programs, data, or other proprietary material due to Your use of The Service or any services or items obtained through The Service or to Your downloading of any material posted on it, or on any website linked to it.
- Your use of The Service, The Content, and any services or items obtained through The Service is at your own risk. We provide The Service, The Content, and any services or items obtained through The Service "as is," with all faults, and as available, without making any warranties, either express or implied. We are not making any warranties (1) that The Service, The Content, or any services or items obtained through The Service will be accurate, reliable, error-free, or uninterrupted; (2) that defects will be corrected; (3) that The Service or the servers that make it available are free of viruses or other harmful components; or (4) that The Service or any services or items obtained through The Service will otherwise meet your needs or expectations.
- We are not making any warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, title, non-infringement, privacy, and fitness for particular purpose.
- Limit on Liability
- We will not be liable to You for any of the following:
- Errors, mistakes, or inaccuracies of content;
- Personal injury or property damage resulting from Your access to and use of The Service;
- Content or conduct that is infringing, inaccurate, obscene, indecent, offensive, threatening, harassing, defamatory, libellous, abusive, invasive of privacy, or illegal;
- Unauthorised access to or use of Our servers and any personal or financial information stored in them, including unauthorised access or changes to Your account, submissions, transmissions, or data;
- Interruption or cessation of transmission to or from The Service;
- Denial-of-service attack (DoS) or distributed denial-of-service attack (DDoS);
- Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through The Service by any person or that might infect Your computer or affect Your access to or use of The Service, Your other services, hardware, or software
- Incompatibility between The Service and Your other services, hardware, or software;
- Delays or failures You might experience in starting, conducting, or completing any transmissions to or transactions with The Service; or
- Loss or damage incurred because of the use of any content posted, emailed, sent, or otherwise made available through The Service.
- You hereby release Us from all liability arising out of user submissions or the conduct of other users or third parties, including disputes between You and one or more other users or third parties.
- We will not be liable to You for any of the following:
- Exclusion of Damages
- Unless caused by Our gross negligence or Our intentional misconduct, We will not be liable to You for any direct, indirect, special (including so-called consequential damages), statutory, punitive, or exemplary damages, regardless of theory of liability and even if You told us about the possibility of these damages or we knew or should have known about the possibility of these damages arising out of or relating to Your access or Your inability to access The Service or The Content.
- We also will not be liable to You regardless of theory of liability for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to Your access of or Your inability to access The Service or The Content. This exclusion applies even if You told Us about the possibility of these damages or We knew or should have known about the possibility of these damages.
- If You are dissatisfied with The Service or have any other complaint, Your exclusive remedy is to stop using The Service. Our maximum liability to you for any claim will not exceed £100.
- Force Majeure
- We are not responsible for any failure to perform if unforeseen circumstances or causes beyond Our reasonable control delays or continues to delay our performance, including:
- Acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters;
- War, riot, arson, embargoes, acts of civil or military authority, or terrorism;
- Fibre cuts;
- Strikes, or shortages in transportation, facilities, fuel, energy, labour, or materials;
- Failure of the telecommunications or information services infrastructure; and
- Hacking, SPAM, or any failure of a computer, server, network, or software.
- We are not responsible for any failure to perform if unforeseen circumstances or causes beyond Our reasonable control delays or continues to delay our performance, including:
You grant Us permission to email You notices and other communications to You, including emails, notices, and other communications containing adult oriented material unsuitable for minors. Your permission will continue until You ask Us to remove You from Our email list. For more information, please see the Privacy Notice.
Privacy Notice
Our services are intended for adults only, this means they are not intended for anyone under the age of 18. We have checks in place to ensure that we do not knowingly collect personal information from anyone under 18. No one known to be under 18 will be permitted on to the site as either a Creator or a Fan.
Introduction
In order for people to use our services they need to share some information with us. The policy below sets out the information we collect, how we use it and who we share it with. Your data is protected and safe.
Sunkat Ltd. confirm that by participating with our service you have consented to us knowing and holding this data. We abide by the lawful basis for processing your data.
The processing of data set out here is part of your contract with Sunkat Ltd. The extent to which we have to monitor and control the use of our site and the basis for processing any data is to fulfil our legal obligation.
If you have any questions about anything in our Privacy Policy or wish to complain then please contact us.
In setting out our policy please read carefully and be aware that:
- All content uploaded to the service is monitored by third parties to ensure that the network is lawful, legal and not brought into disrepute
- You will not provide or give financial information to us but to our chosen partners. These entities may or may not be located in the European Economic Area
- We will not transfer your personal data outside the European Economic Area
- We will not profile or make automated decisions which affect you
In this policy, the terms “User” or “you” refers to you, the site operator. The term “we” refers to Sunkat Ltd.
Information we collect
There are three categories of information we collect:
- Information you choose to give us when setting up your account.
- Information we get when you use our services.
- Information we get from third parties.
Information you choose to give us
In order to open an account and use our services you must disclose to us:
- Your username
- Your preferred email address
Be careful when you provide us information about you and others you know (this is likely to be personal data) which will be uploaded onto your pages of our network. Information provided to us in the setting up of your profile will be kept safe and protected. However, if you use any personal information on the open platform other users may be able to use that content for their own purposes.
If you have any reason to contact us, for example, to discuss concerns with customer services or if an issue has arisen then we will collect whatever information you volunteer to support your claim or concern.
Information we get when you use our services
When you use our services, we collect information about the content you have viewed or shared. For example:
Usage information.
We collect information about the content that Viewers have accessed. This enables us to highlight to that user similar content that may be of interest.
Content information.
We collect content you create on our services, such as photos, videos, text and information about the content you create or provide, such as if the recipient has viewed the content and the metadata that is provided with the content.
Device information.
We collect IP addresses or other identification data from and about the devices you use. For example, we may collect information about your hardware and software, such as the hardware model, operating system version, browser type and language;
Location information.
When you use our services, we may collect information about your location.
Cookies
Like most online services we use cookies.
(For your information: most web browsers are set to accept cookies by default. If you prefer, you can usually remove or reject browser cookies through the settings on your browser or device. Keep in mind, though, that removing or rejecting cookies could affect the availability and functionality of our services.)
Log information
We also collect log information when you use our website. That information includes, among other things:
- details about how you’ve used our services.
- device information, such as your web browser type and language.
- access times.
- pages viewed.
- IP address.
How we use information
We use this information to ensure that the content can be enjoyed by everyone. Our objective is to strive to keep the content appropriate, tasteful and lawful. Here are some of the ways we do that:
- Develop, operate, improve, deliver, maintain and protect our products and services.
- Send you communications, usually via email. For example, we may use email to respond to support enquiries or to share information about our site.
- Monitor and analyse trends and usage.
- Verify your identity and prevent fraud or other unauthorised or illegal activity.
- Use the information we’ve collected from cookies and other technology to enhance the services and your experience with them.
- Enforce our Terms of Service and other usage policies.
We may also store or use information locally on your device.
How we share information
We may share information about you in the following ways:
With third parties. We may share your information with the following third parties:
- With service providers. We may share information about you with service providers who perform services on our behalf.
- With third parties for legal reasons. We may share information about you if we reasonably believe that disclosing the information is needed to:
- comply with any valid legal process, governmental request, or applicable law, rule or regulation. investigation, remedy, or enforce potential Terms of Use violations.
- protect our rights, our users' rights or others' rights, property and safety.
- detect and resolve any fraud or security concerns.
- With third parties as part of a merger or acquisition. If Sunkat Ltd gets involved in a merger, asset sale, financing, liquidation or bankruptcy, or acquisition of all or some portion of our business to another company, we may share your information with that company before and after the transaction closes.
Third-party content and integrations
At present we do not offer these.
Analytics and advertising services
We do not use these technologies.
How long we keep your content
We want you to be in control of your information. You can delete any content when you want. If you close the account the personal data we hold about you will be deleted after six months. This paragraph satisfies the provisions of Article 13(2)(b&c) GDPR.