Terms

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Terms 2017-01-12T02:50:17+00:00

By accessing this Website or buying any product, you will be deemed to have agreed to these terms and conditions.

Adult Nature of the Website

BDSMContracts.org (“the Website”) is an online resource for adults only. The website contains content of an adult nature. It is a service provided in good faith for use by an adults-only audience. Minors are prohibited from using the Website or any of our services. We ask that children never submit information to us.

By using this website you represent, warrant and covenant that you are at least 18 years old or attained the appropriate age where it is legal to view materials of an adult nature in your jurisdiction, whichever is older (the “Age of Majority”).

You must not browse or use the Website if you have not reached the Age of Majority or if adult content is prohibited in your community. In this case you must leave this website immediately.

Clauses

Any clauses which appear on this website are for entertainment purposes only and are subject to the disclaimers below.

Contracts

When you purchase a Contract from this website you acknowledge that it is not a legal document which can be enforced in a court of law. Our Contract documents have been drafted for entertainment purposes only. They are NOT legally binding and are NOT a substitution for a relationship property agreement, will, advance healthcare directive, durable power of attorney or any other legal document. Before entering into a relationship, you are strongly advised to seek the advices of an attorney to ensure your rights and property are protected. Our BDSM contracts are provided with the understanding that the author, publisher or re-seller do not render any legal or other professional advice or service.

Also, you acknowledge that some BDSM acts may be illegal in your jurisdiction.  We will not and cannot possibly know the laws in every single jurisdiction. Therefore, it is your responsibility to avoid participating in illegal activities and to omit same from your Contract.

Disclaimer/Exclusion of Warranties

We exclude all warranties whether express or implied to the fullest extent permitted by law including without limitation any implied warranties as to fitness of purpose or merchantability of any product or safety for any particular use. Purchasers use the products entirely at their own risk. Purchases are fully responsible for safety of their person and property.

The publisher, author or re-seller is not liable for any direct, indirect, incidental or consequential loss or damage including loss of profits or any other loss, damage, personal injury, expense or claim arising out of or in connection with the use, interpretation or misuse of any product or this Website.

All liability relating to any errors, omissions or defamatory content contained or implied in any Contract is excluded. If legal or other professional advice or service is required, you are strongly advised to seek the advice of a competent professional in a consultation capacity.

The purpose of this website is to share our experiences and views on BDSM relationship issues. Everything stated in this Website are our opinions only. In no way are they intended to be statements of fact or representations of how things are in BDSM. Everybody has their own experiences and opinions and we respect that, even if they are different to ours.

The information found on this website is for general informational or entertainment purposes only. We cannot and do not provide any professional psychological, counseling or legal advice.

We do not and cannot make any representation or warranty as to the accuracy, completeness or currency of any information or content provided on or accessible via the Website including but not limited to information about BDSM it’s customs, rituals and slave contracts. We will not accept any and hereby exclude all liability for such information or content.

We exclude all warranties whether express or implied to the fullest extent permitted by law including without limitation any implied warranties as to fitness of purpose or merchantability of any product, the Website, its content and any person named or listed therein.

We exclude all warranties to the fullest extent permitted by law that using this service and the Website will not result in infringement of third party rights, including but not limited to intellectual property rights.

Your Content

If you choose to contribute to this website, you will be responsible for anything that is published by you. This includes without limitation text, questions, answers, messages, statements, replies, opinions, ratings, reviews, files, documents, photos, images, videos, musical works, works of authorship, applications and any other content or material you submit, post or upload via the website (“your Content”). We do not endorse, approve of or condone any of your Content. You are fully responsible for all your Content.

We do not claim ownership of Your Content. However, by contributing to the Website, you grant us a non-exclusive, royalty-free, perpetual, irrevocable and transferrable license to use, reproduce, copy, modify, adapt, publish, translate, create derivatives works from, distribute, display and perform any part or all of your Content worldwide for commercial purposes by whatsoever means in any media formats and through any media channels. Some of the Website services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that we may place such advertising and promotions on the Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

You also:
– Grant us the right to use the name that you submit in connection with your Content.
– Waive any rights of privacy or publicity to all content that is not subject to our Privacy Policy.
– Grant us permission to grant any of the above rights to other persons.
– Acknowledge that you will not be paid for your Content.
– Represent and warrant that you own or otherwise control all of the rights to content and submissions that you post; that you have all rights necessary for you to post or submit your Content and to grant the licenses and permissions in this section.
– Represent and warrant that your Content is accurate; that your Content does not violate these Terms and will not defame or cause injury to any person or entity.
– Represent and warrant that the posting and use of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of content you post on or through the Services.
– Indemnify us for all claims resulting from your Content.

You are solely responsible for the content that you publish or display on the Website. You agree that we may review and delete or remove any such Content that in our sole judgment violates these Terms of Service or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others. We assume no responsibility for such Content, no obligation to modify or remove any inappropriate member Content, and no responsibility for the conduct of the user submitting any such Content.

While we will endeavor to protect the intended use of the Website features and services using manual supervision, hardware, software and third-party solutions, please be aware that no measures are perfect. Therefore you are advised to use caution in selecting the information you post on the Website and that you provide to other users. If you become aware of abuse or misuse of the Website by any person, please notify us immediately by email at admin@bdsmcontracts.org.

We reserve the right, in our sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability.

Copyright

We own and reserve all rights to copyright in this Website including all content, text, graphics, photos, logos, button icons, images and audio clips. Further,  bdsmcontracts.org and/or its software suppliers own all software used on the Website.

All such material and software is protected by domestic and international copyright laws. You may only use this material for browsing on this Website and you are strictly prohibited from reproducing, adapting, modifying, distributing, transmitting, republishing, displaying or performing the content on the Website.

Privacy

By logging on to the website, you agree that we can collect personal information about you to the extent outlined in our Privacy Policy.

Access to the Website

Due to occasional upgrades and maintenance, we cannot guarantee 100% continuous, uninterrupted access to the Website.

Limitation of Liability

You agree that we are not liable for any loss of profits or any other loss, damage, personal injury, expense or claim arising out of or in connection with the use of the Website. We exclude all liability relating to any errors, omissions or defamatory content contained or implied in the Website.

Indemnity

You agree to indemnify and forever hold bdsmcontracts.org, its related companies, officers, directors, employees, agents and affiliates harmless against liability for any claims, demands or proceedings for losses, damages, expenses and costs, including legal costs on an indemnity basis, made by you or by any third party as a result of or in connection with your breach of these terms and conditions or any applicable law or your use of the Website.

Other Websites

bdsmcontracts.org may provide links to other Websites which are independent of us. We make no representations or warranties about any such websites and exclude all responsibility for the content or use of any such websites.

Overseas Users

We do not make any warranties or representations whatsoever that the Website complies with the laws of any country outside of Australia. Access from overseas countries is done so at the users’ own risk and any liability is excluded by us in this regard.

Governing Law

The website is operated from Queensland, Australia. These Terms and Conditions of Use are governed by the laws of Queensland.

Dispute Resolution

By using this website and its services, you agree to resolve any disputes with us by first contacting us via email. If you are not able to obtain resolution of your dispute via email, you agree that it will then be resolved by dispute resolution located in Queensland, Australia. To lodge a dispute, please email the details of your dispute to admin@bdsmcontracts.org.

No Agency etc

No agency, partnership, joint venture, employee-employer, affiliate or franchisor-franchisee relationship is entered into or created by these terms and conditions between you and us.

Entire Agreement

These terms and conditions comprise the entire agreement between you and us. You agree that you have not relied on any prior representations, statements, claims or agreements not contained in these terms and conditions.

Severability

If any provision of these Terms and Conditions is void or voidable or unenforceable in accordance with its terms, but would not be void, voidable, unenforceable or illegal if it were read down and it is capable of being read down such provision shall be read down accordingly.

If, notwithstanding the above paragraph a provision is still void, voidable, unenforceable or illegal:

•    if the provision would not be void, voidable, unenforceable or illegal if a word or words were omitted, that word or those words are hereby severed; and

•    in any other case, the whole provision is hereby severed, and the remainder of this agreement shall be of full force and effect.

Waiver

The failure, delay or omission by us to exercise any power or right conferred upon us by these terms and conditions shall not operate as a waiver of such power or right, nor shall any single exercise of any such power or right preclude any other or future exercise of the power, or the exercise of any other power or right under these terms and conditions.

A waiver of any provision of these terms and conditions, or consent to any departure by a participant from any provision of these terms and conditions, must be in writing and signed by us and is effective only to the extent for which it is given.

Interpretation

In this Agreement the following words will have the following meanings:-
• “Contract” means any Contract form, document or book sold on this Website or via a re-seller.
• “We/Us” means Bednar International Pty Ltd as trustee.
• “Personal Information” means any personal information including but not limited to name, address, email address, contact details and usage information.
• “Product” means any product or merchandise sold on this Website or by a reseller.
• “Website” means the website under the domain name bdsmcontracts.org.
• “You” and “Users” includes any person accessing the Website.

In these Terms and Conditions unless the context otherwise requires:
• Words importing the singular or plural include the plural and singular respectively;
• Words importing any gender include every gender;
• Words denoting persons include bodies and corporations;
• A reference to a party or parties means the named parties to this document and includes that party’s executors, administrators and permitted assigns, or if a company, its successors and permitted assigns;
• Clause headings do not affect the interpretation of this document
• Where a word or phrase is given a particular meaning in this document, other parts of speech and grammatical forms of that word or phrase have a corresponding meaning;
• A reference to a clause is a reference to a clause of this document; and
• Every agreement, covenant or undertaking expressed or implied by which more than one person is bound binds those persons and any two or more of them jointly and each of them severally.

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