These terms tell you the rules for using our website www.playjuicy.com. Other terms may apply to you and references to these are included in the Terms of use of the website. We recommend that you print a copy of these terms for future reference. Your use of www.playjuicy.com is subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these terms on your part:
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
Definitions
“the Website” or “our site” means, www.Playjuicy.com and any of the Services which are provided therein.
“Playjuicy.com” means Spark Management Limited which is a company incorporated in England and Wales and with its registered address place at 146 Lancaster Road, Enfield, England EN2 0JS. To contact us, please email: [email protected]
“Content” means the text, software, scripts, graphics, photos, camera and video camera performance, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through or contribute to the Website.
“Users” means registered users of the Website
“Models” means Creators of content.
“Subscriptions” means a user can pay to subscribe to a Models profile where they can view all explicit and non-explicit content.
“Free Wall” means a User can choose to “Follow” a Model for free and view all non-explicit content, they can still receive Direct messages.
“Interaction” means a User can interact with all Models. They can pay per message if not subscribed, or they can message freely if subscribed to a Model. Users can comment on photos and videos posted by those they follow or are subscribed to via the free wall/paid wall.
“Pay Per View Messages (PPV)” means a Model can send out by mass direct messages explicit videos with a price for Users to purchase.
“Market Place” means a PPV area where a User can buy photos and videos of their choosing and a General Market Place where a Model sells used toys, clothing, shoes etc.
By using our site you accept these terms
- Your use of the Website is subject to the terms of a legal agreement between you and Playjuicy.com.
- Your legal agreement with Playjuicy.com is made up of:
- (A) the terms and conditions set out in this document; and
- (B) Spark Management Limited Privacy Policy;
- and
- (C) Playjuicy.com Acceptable Use Policy (collectively called the “Terms”).
- Our Privacy Policy (https://playjuicy.com/privacy-policy/), sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing, and you warrant that all data provided by you is accurate.
- Our Acceptable Use Policy (https://playjuicy.com/website-acceptable-use-policy/) sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
- The Terms apply to all Users of the Website, including Users who are also contributors of Content to or on the Website.
- In order to use the Website, you must first accept to be legally bound by the Terms. You may not use the Website if you do not accept the Terms.
- You can accept the Terms by simply using the Website. You understand and agree that PlayjuicyPlayjuicy.com will treat your use of the Website as acceptance of the Terms from that point onwards.
- You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
You must be 18 years of age or older to use the Website
- You must not use the Website if your age is below 18 or if you are a person who is either barred or otherwise legally prohibited from using the Website under the laws of the country in which you are resident or from which you access or use the Website.
- You must not allow anyone under 18-years old to use your credentials to access the Website. If we discover that you have done this, we may immediately cancel your access to the Website without advance notice.
We may make changes to these Terms
- PlayJuicy reserves the right to make changes to the Terms from time to time. Therefore, every time you wish to use our site, please check these Terms to ensure you understand the Terms that apply at that time. These Terms were most recently updated on 07 October 2022. If you do not agree to the updated Terms you must stop using the Website. Your continued use of the Website, after the date the updated Terms are posted, will constitute your acceptance of the updated Terms.
- We may update and change our site from time to time to reflect changes to our Services, our Users’ needs and our business priorities and need to comply with applicable law.
- We will notify you through a pop-up window in which you can agree to the change of the Terms.
Registration and Accounts
- In order to access some features of the Website, you will need to create a Playjuicy account. When creating your account, you must provide accurate and complete information.
- When you create an account you will receive a referral code, which you may use to introduce others to the Website.
- You agree that you will be solely responsible for all the activity that occurs under your Playjuicy account.
- If you choose, or you are provided with, a User identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
- You will not share access to your account with anyone else.
- We have the right to disable any User identification code or password and any User account, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your User identification code or password, you must promptly notify us at [email protected].
Price and payment
We act as a collection agent for all Models. All payment for content on the Website must be made through the website. All subscriptions are non-refundable.
A 20% management fee is deducted from any sums made on the Website before payment is passed to the Model which is facilitated through our automated billing system. After deduction of the management fee sums are usually available within seven days from the date on which content is purchased or subscribed for by a User.
All Models are self-employed and are responsible for all liabilities arising out of working on such a basis including relevant and applicable taxes.
Playjuicy is also a marketplace that allows users to buy photos and videos of their choosing and a General Market Place where a Model sells used toys, clothing, shoes and other products related to the fetishes.
Playjuicy does not have possession of anything listed or sold through Playjuicy.com, and is not involved in the actual transaction between buyers and sellers. The contract for the sale is directly between buyer (User) and seller (Model).
While we may provide pricing, postage, listing and other guidance in our Services, such guidance is solely informational, and you may decide to follow it or not. Playjuicy does not review users’ listings or content. While we may help facilitate the resolution of disputes, Playjuicy has no control over, and does not guarantee the existence, quality, safety or legality of, items advertised; the truth or accuracy of users’ content, listings or feedback; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
Users must have a valid payment method on file with Playjuicy at all times. You authorise Playjuicy to automatically charge your chosen payment method in accordance with this User Agreement and the applicable billing agreement(s) you agree to when setting up or changing your payment method, for future charges and fees incurred in relation to the Services. This includes, but is not limited to, amounts owed for Playjuicy fees and postage labels. Playjuicy will notify you of these charges. If payments or amounts owed to Playjuicy cannot be completed through the payment method on file for any reason, you are still required to pay Playjuicy for all unpaid amounts and Playjuicy reserves the right to seek reimbursement through other means plus any additional costs incurred by Playjuicy in seeking reimbursement. You can change your payment method in at any time.
- The price of the product (which excludes VAT) will be the price indicated on the order pages when you place your order. The price including VAT will appear at the checkout. We use our best efforts to ensure that the price of the product advised to you is correct.
- We accept payment with PayPal, Visa and Mastercard. When you must pay depends on what product you are buying:
- For goods, you must pay for the products before they are dispatched.
- For digital content, you must pay for the products before you download them.
- At the end of any period of subscription for which you have paid, and subject to the other provisions of these terms and conditions, your subscription will be automatically renewed and you must pay to us the applicable subscription fees, unless you cancel the subscription using the cancellation facility on Playjuicy before the date of renewal. Your subscription can be cancelled at any point which will prevent further payments being taken from you, and your access to Models will remain until the last day of the calendar monthly period you last paid for.
- Automatic re-subscriptions are made at the price originally signed up for. Price increases or decreases on Models profiles are taken into account for new subscriptions only and do not affect automatic subscriptions.
- Included in your subscription price will be the number of photos / videos/messages shown before subscribing.
- If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within [7 days] following the date of our written request:
- (a) an amount equal to the amount of the charge-back;
- (b) all third-party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
- (c) an administration fee of GBP [£30] including VAT; and
- (d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section.
Transactions
- All of our prices will be shown in either GBP Sterling, US dollars or Euros. You may pay in a currency other than GBP Sterling. Our payment processing company uses the current exchange rates to charge prices in other world currencies. These prices tend to fluctuate regularly as the market exchange rate changes. The currency exchange rate offered by our payment processing company might be slightly higher than for example your own bank’s rate.
- Unless otherwise specified, all purchases are one-time charges, meaning we will never charge you again for the same purchase. We do not use recurring charges except in relation to subscriptions.
- We may use credit card processors or banks outside the United Kingdom to process your transactions. In some instances, your bank or credit card issuer may charge you a foreign transaction or similar fee or charge. In addition, if you are outside of the United Kingdom or making a purchase in a currency other than GPB Sterling, the payment processor may add a surcharge for the currency conversion.
Inactive Accounts
Generally, an account is considered inactive when there is no User initiated activity or contact for a period of one year. Inactive accounts will be deleted after 12 months of inactivity and any unclaimed tokens will be forfeited.
Limitation of licence to use the Website
You agree (you directly or through third parties) to refrain from:
- distribute any part of or parts of the Website or the Content, in any medium without Playjuicy’s prior written authorisation;
- alter or modify any part of the Website;
- circumvent, disable or otherwise interfere (or attempt to) with any security related features of the Website;
- use the Website or the Content for any commercial uses unless you obtain Playjuicy’s prior written approval. Prohibited commercial uses shall not include (i) uploading an original video to the Website, (ii) maintaining an account on the Website in order to promote your business or services, (iii) participating in an advertising related activity which is expressly authorised by Playjuicy;
- use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Website;
- collect or harvest any personal data of any User;
- access Content for any reason other than your personal non-commercial use, solely as intended through and permitted by the normal functionality of the Website;
- copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Playjuicy or the respective licensors of the Content;
- post, list or upload content or items in inappropriate categories or areas on the Playjuicy site;
- breach or circumvent any laws, third-party rights or our systems or policies;
- sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;
- use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services;
- fail to pay for items purchased by you, unless the seller has materially changed the item’s description after you make payment, a clear typographical error is made, or you cannot contact the seller;
- fail to deliver items sold by you, unless, for example the buyer fails to comply with the terms posted in your listing, or you cannot contact the buyer;
- manipulate the price of any item or interfere with any other user’s listings;
- post false, inaccurate, misleading, defamatory, or libelous content;
- take any action that may undermine the Feedback or ratings systems;
- transfer your Playjuicy account (including Feedback) and user ID to another party without our consent;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- use the contact information of other users for any purpose other than in relation to a specific Playjuicy transaction on the Playjuicy site (which includes using this information to send marketing materials directly to Playjuicy users unless the user has given explicit consent to receiving these materials);
- distribute viruses or any other technologies that may harm Playjuicy, or the interests or property of Playjuicy users;
- use any robot, spider, scraper or other automated means to access our Services for any purpose;
- bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure.
- export or re-export any Playjuicy application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
- infringe the copyright, trademark, patent, moral, database or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to Playjuicy. Some, but not all, actions that may be infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Playjuicy or someone else;
- infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
- commercialise any Playjuicy application or any information or software associated with such application;
- harvest or otherwise collect information about users, such as email addresses, without their consent; or
- circumvent any technical measures we use to provide the Services.
You agree that you will comply with all of the other provisions of the Terms and Playjuicy’s Acceptable Use Policy at all times during your use of the Website.
Suspension of your access to the Website
- You acknowledge and agree that Playjuicy may suspend or withdraw providing you access to the Website or to the Content to you or to Users, generally at Playjuicy’s sole discretion, without prior notice. This might be as a result of suspicion or actual fraud in relation to your account or because we believe that you have breached the Terms. If before or after we decide to suspend or withdraw your account, your credit card provider seeks return of any previous charges, we reserve the right to seek reimbursement from you for such charges, as well as any additional costs incurred by us in doing so.
- You may stop using the Website at any time. You do not need to specifically inform Playjuicy when you stop using the Service
- You agree that you are solely responsible for (and that Playjuicy has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Playjuicy may suffer) of any such breach.
Content
- The Website includes information and materials uploaded by other Users of the Website, including bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other Users on our site do not represent our views or values. If you wish to complain about information and materials uploaded by other Users please contact us on [email protected].
- As a User you may submit Content. You understand that whether or not Content is published, Playjuicy does not guarantee any confidentiality with respect to Content.
- You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. Playjuicy does not endorse any Content or any post, recommendation, or advice expressed therein, and Playjuicy expressly disclaims any and all liability in connection with the Content.
- You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable Playjuicy to use your Content for the purposes of the provision of the Service by Playjuicy, and otherwise to use your Content in the manner contemplated by the Service and these Terms.
- You agree that your conduct on the Website will comply with (and you agree that the content of all of your Content shall comply with) the Playjuicy Acceptable Use Policy, found at https://www.Playjuicy.com/acceptable_use_policy, as updated from time to time.
- You agree that you will not post or upload any Content which contains material which is unlawful for you to possess in the United Kingdom or in the country in which you are resident, or which it would be unlawful for Playjuicy to use or possess in connection with the provision of the Service.
- You specifically must not post or stream Content which either displays or refers in any way to child pornography or exploitation of minors, defame any person, post content that is obscene, offensive, hateful or inflammatory, promote violence, promote discrimination based on sex, religion, nationality, sexual orientation, age, harass, pester, molest or encourage or conspire, incite any illegal activity or promote, facilitate or conduct any meet ups.
- You agree that Content you submit to the Service, will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled to post the material in question and to grant Playjuicy the licence referred to in the paragraph, intellectual property in the Content.
- Playjuicy reserves the right to decide whether Content complies with the Content requirements set out in these Terms and may remove such Content and/or terminate a User’s access to the Website without prior notice and at its sole discretion.
- You further understand and acknowledge that in using the Website you may be exposed to Content that is offensive, indecent, or otherwise objectionable to you. You hereby waive any legal or equitable rights or remedies you have or may have against Playjuicy with respect to any such Content.
- Whenever you make use of a feature that allows you to upload Content to our site, or to make contact with other Users of our site, you must comply with the Content standards set out in our Acceptable Use Policy.
- You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Responsibility of Content
- Playjuicy does not pre-screen or filter Content that is posted by Users nor does it constantly monitor it and has no responsibility for such Content. We will, however, remove Content that has been posted or streamed in breach of the Terms, third party’s intellectual property rights or the law once we become aware of it.
- We will fully cooperate with the law enforcement authorities, legal processes or court orders requesting or directing us to disclose the identity or location of anyone posting Content in breach of the Terms.
Intellectual property in the Content
- Any Content you upload or stream to the Website, will be considered non confidential and non-proprietary.
- You retain all of your ownership rights in your Content, but you are required to grant Playjuicy, a worldwide, non-exclusive, royalty-free, transferable licence (with the right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with Playjuicy business including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also grant other Users of the Website a limited licence to use, store and copy that Content.
- The above licenses granted by you in Content, terminate when you remove or delete your Content from the Website.
- With the exception of Content submitted to the Website by you, all other Content on the Website is either owned by or licensed to Playjuicy, and is subject to copyright, trademark rights, and other intellectual property rights of Playjuicy or its licensors. You may not download, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit for any other purpose whatsoever without the prior written consent of Playjuicy which, together with its licensors reserve all rights not expressly granted in and to their Content. [And to distribute and make it available to third parties.]
- Playjuicy will terminate User access to the Website/Content if a User has been determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice.
- We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the Content standards set out in our Acceptable Use Policy.
- You are solely responsible for securing and backing up your Content.
Availability of the Website
We do not guarantee that the Website, or any Content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
Viruses
- We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.
- You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Minimum speed of internet connection
- You warrantee that you will at all times, whilst using the Website, use an internet connection with an upload speed of at least 1mps.
Third Party Links
- Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by Playjuicy of those linked websites or information you may obtain from them.
- Playjuicy has no control over and assumes no responsibility or liability for, or in relation to the Content, privacy policies, or practices of any third party websites. Nor does Playjuicy endorse any advertising, products or other materials on or available from such websites or resources.
- You take full responsibility for accessing and using third party websites, using information and verifying it for any decision to use, purchase or refrain from purchasing any of the services or products mentioned on a linked site. If you do purchase products or services from another website please read their contract carefully before deciding to buy. Remember, your contract for those products or services will be with them, not us.
- When you use other websites, any personal information you give them will be dealt with in line with their privacy policies, not ours, so please read the privacy policies of each and every such website before using them.
- You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
- You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Website on any website that is not owned by you. The Website must not be framed on any other site, nor may you create a link to any part of our site without the consent of Playjuicy other than the home page. We reserve the right to withdraw linking permission without notice. The Website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
- If you wish to link to or make any use of Content on our site other than that set out above, please contact [email protected].
Closing your account
- If you want to terminate your legal agreement with Playjuicy, you may do so by:
(a) notifying Playjuicy at any time by emailing [email protected]; and
(b) closing your Playjuicy account.
- Playjuicy may at any time terminate your account if:
- At the absolute discretion of Playjuicy you have breached any provision of the Terms or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms;
- Playjuicy is required to do so by law; or
- Playjuicy is no longer able to provide the Service to Users in the country in which you are resident or from which you use the Service.
Exclusion of Warranties
- Nothing in the Terms shall affect any of your statutory rights.
- The Service is provided “as is” and Playjuicy makes no warranty or representation to you with respect to them.
- Playjuicy makes no warranties as to the satisfactory quality, fitness for purpose or conformance with description that may apply to the Website or Content.
- We will not be liable to you for any loss or damage, breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, our site; or use of or reliance on any Content displayed on our site.
- We shall not be liable for any third party’s unauthorised access to or alterations of your account, transmissions, or data.
- We shall not be liable to you for any direct or indirect or consequential loss or damage which may be incurred by you whether in contract or tort (including negligence for commercial Users). This shall include; any loss of profit, any loss of goodwill or reputation, any loss of opportunity, any loss of data suffered by you, loss of profits, sales, business, or revenue, business interruption, any indirect or consequential loss or damage.
- The limitations on Playjuicy‘s liability to you shall apply whether or not Playjuicy has been advised of or should have been aware of the possibility of any such losses arising.
Indemnity
You agree to indemnify, defend and hold harmless Playjuicy, from and against any claim, liability, cost, damage or loss we may incur (including reasonable legal fees) as a result of any Content that you post or transmit on the Website and/or any actions you take which disrupt access to and/or the functioning of our Site or any breach by you of your obligations under these Terms.
No Agency Relationship
Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognise a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.
Whole Agreement
The Terms constitute the whole legal agreement between you and Playjuicy and governs your use of the Website and completely replaces any prior agreements between you and Playjuicy in relation to the Website.
Notices
You agree that Playjuicy may provide you with notices, including those regarding changes to the Terms, by email to the email address you specified when you signed up to the Website. You confirm that the email address you specified when you signed up is a current and valid email address for receiving notice and that you can send and receive emails in connection with this email address.
You may send notices to us by using the Contact Support page. We will consider an electronic notice received by us only when our server receives your message. We may change our contact information by posting the change on the Website. Please check the customer support area of the Website for the most current information for sending a notice to us.
Enforcement of rights
- You agree that if Playjuicy does not exercise or enforce any legal right or remedy which is contained in the Terms, this will not be taken to be a waiver of Playjuicy’s rights and that those rights or remedies will still be available to Playjuicy.
- If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
Applicable Law and exclusive jurisdiction
The Terms and your relationship with Playjuicy shall exclusively be governed by English law. You and Playjuicy agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Playjuicy shall still be allowed to apply for injunctive remedies or other equivalent types of legal remedy in any jurisdiction.