Terms of Service
Terms of Service
Last Updated Date: March 7, 2016
Welcome to Wardrobe-Malfunctions.com!
Wardrobe-Malfunctions.com is an online service that allows users to create, view, and follow visual collections (the “Services”) through our website; accessible at www.sex.com (the “Site”).
The Site allows for pinning, uploading, embed, sharing and general viewing of various types of content, allowing registered and unregistered users to share and view visual depictions of adult content, including sexually explicit images. In addition, Wardrobe-Malfunctions.com contains picture & video content, information and other materials posted/uploaded by users.
If you do not agree to the terms and conditions contained herein, then do not use Wardrobe-Malfunctions.com.
Key Terms related to Content
“Content” refers to text, graphics, images, music, software, audio, video, information or other materials.
“Wardrobe-Malfunctions.com Content” refers to all Content Wardrobe-Malfunctions.com makes available through the Site, Application or Service, including any Content licensed from a third party, but excluding Member Content.
“Member” refers to a person that completes Wardrobe-Malfunctions.com’s account registration process, as described under “Account Registration” below.
“Member Content” refers to all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
“Site Content” refers to Member Content and Wardrobe-Malfunctions.com Content.
Certain areas of the Site (and your access to or use of certain Services or Site Content) may have different terms and conditions posted, or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Site, Services or Site Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or Site Content.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES, OR BY POSTING ANY MEMBER CONTENT TO THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR SITE CONTENT.
If you accept these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms, and that “you” and “your” will hereby refer and apply to that company or other legal entity.
Wardrobe-Malfunctions.com reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services, or to modify these Terms at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or through the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site, you are indicating that you agree to the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and the Services.
How Wardrobe-Malfunctions.com Works
After you have created an Account (defined below) to become a Member of Wardrobe-Malfunctions.com, you may use the Services to create, view and follow visual collections. In order to create a visual collection, you may (i) upload images from your computer by selecting the “Add a Pin” section of the Site, (ii) use the Application to take and upload images, or (iii) install and use our “Pin It” browser toolbar to upload images by following the instructions provided on the “About” section of the Site. Please note that your visual collections will be publicly viewable by all visitors to the Site. In order to follow the visual collections of other Members, you may search for other visual collections via the Site and select the option to “Follow” such Members.
In order to use Wardrobe-Malfunctions.com, you affirm that you are at least eighteen (18) years of age and/or of legal required age in the jurisdiction you reside in and from which you access the Site. If you are under the age of 18, and/or under the legal required age in the jurisdiction you reside in and from which you access the Site, then you are not permitted to use the Site.
In order to access certain features of the Site and Services, and to post any Member Content on the Site or through the Services, you must register to create an account (“Account”). You must register with Wardrobe-Malfunctions.com and agree to provide accurate, current and complete information during the registration process, and to update such information to keep it accurate, current and complete. Wardrobe-Malfunctions.com reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party, and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Wardrobe-Malfunctions.com of any unauthorized use of your Account.
The Site, Services and Site Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Wardrobe-Malfunctions.com and its licensors exclusively own all right, title and interest in and to the Site, Services and Site Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Site Content.
Wardrobe-Malfunctions.com Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, Wardrobe-Malfunctions.com grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view any Member Content solely for your personal or business purposes as expressly permitted in these Terms. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services, or Site Content except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Wardrobe-Malfunctions.com or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content through the Site or Services, you hereby grant to Wardrobe-Malfunctions.com a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content only on, through or by means of the Site or Services. Wardrobe-Malfunctions.com does not claim any ownership rights in any such Member Content, and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to Wardrobe-Malfunctions.com the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Wardrobe-Malfunctions.com’s use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You shall be solely responsible for any and all of your own Member Content and the consequences of posting, uploading and publishing them. Furthermore, with Member Content, you affirm, represent and/or warrant that you own or retain the necessary licenses, rights, consents, and permissions to use and authorize Wardrobe-Malfunctions.com to use all trademarks, copyrights, trade secrets, patents, or other proprietary rights in and to any and all Member Content to enable inclusion and use of the Member Content in the manner contemplated by the Site and these Terms.
You agree that you will not post, or allow anyone else to post, any Member Content that depicts any person under the age of 18 years, and that you have inspected and are maintaining written documentation sufficient to confirm that all subjects are, in fact, over the age of 18 years. You have the written consent, release, and/or permission of each and every identifiable individual person in the Member Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Member Content in the manner contemplated by the Site and these Terms.
You agree that you will not (nor others using your account) post, upload, publish, transmit or make available in any way on Wardrobe-Malfunctions.com content which is illegal, unlawful, harassing, harmful, threatening, tortuous, abusive, defamatory, obscene, illegal, unlawful, libelous or invasive of one’s privacy, including but not limited to, personal information or hateful or racial speech. You also agree that you shall not post, upload, publish, transmit or make available in any way on Wardrobe-Malfunctions.com software containing viruses or any other computer code, files, or programs designed to destroy, interrupt, limit the functionality of, monitor, or persistently reside in or on any computer software or hardware or telecommunications equipment. You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on Wardrobe-Malfunctions.com content which is intentionally or unintentionally violating any applicable local, state, national, or international law, or any regulations or laws having the force of law where you reside and elsewhere, including but not limited to any laws or regulations relating to securities, privacy, and export contro. You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on Wardrobe-Malfunctions.com content depicting illegal activities, promote or depict physical harm or injury against any group or individual, or promote or depict any act of cruelty to animals; You agree not to use Wardrobe-Malfunctions.com in any way that exposes Wardrobe-Malfunctions.com to criminal or civil liability.
You agree that Wardrobe-Malfunctions.com may at its sole discretion have the right to refuse to publish, remove, or block access to any Member Content that is available via the Site or Services at any time, for any reason, or for no reason at all, with or without notice.
You agree that Wardrobe-Malfunctions.com shall have the right to determine in its sole and unfettered discretion, what action shall be taken in the event of any discovered or reported violation of the Terms contained herein.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at:
You acknowledge and agree that all Feedback will be the sole and exclusive property of Wardrobe-Malfunctions.com and you hereby irrevocably assign to Wardrobe-Malfunctions.com and agree to irrevocably assign to Wardrobe-Malfunctions.com all of your rights, titles, and interest in and to all Feedback, including, without limitation, all worldwide patents, copyrights, trade secret, trademarks, moral rights and other proprietary or intellectual property rights therein. At Wardrobe-Malfunctions.com’s request and expense, you will execute documents and take such further acts as Wardrobe-Malfunctions.com may reasonably request to assist Wardrobe-Malfunctions.com to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
You agree not to do any of the following:
- Post, upload, publish, submit, provide access to or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Site or any individual element within the Site or Application, the Wardrobe-Malfunctions.com name, any Wardrobe-Malfunctions.com trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
- Access, tamper with, or use non-public areas of the Site, our computer systems, or the technical delivery systems of our providers;
- Attempt to probe, scan, or test the vulnerability of any Wardrobe-Malfunctions.com system or network, or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Wardrobe-Malfunctions.com or any of our providers or any other third party (including another user) to protect the Site, or Site Content;
- Attempt to access or search the Site, Site Content or download Site Content from the Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Wardrobe-Malfunctions.com or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Wardrobe-Malfunctions.com or Wardrobe-Malfunctions.com trademark, logo URL or product name without Wardrobe-Malfunctions.com’ express written consent;
- Use the Site or Site Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site or Site Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Site Content.
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
- Collect or store any personally identifiable information from the Site from other users of the Site without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the aformentioned.
Wardrobe-Malfunctions.com will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Wardrobe-Malfunctions.com may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Wardrobe-Malfunctions.com has no obligation to monitor your access to, or use of the Site, Services or Site Content, or to review or edit any Site Content, but has the right to do so for the purpose of operating the Site and Services to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Wardrobe-Malfunctions.com reserves the right, at any time and without prior notice to remove or disable access to any Site Content that Wardrobe-Malfunctions.com, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
Wardrobe-Malfunctions.com abides by a ZERO TOLERANCE policy relating to any illegal content. Child pornography, bestiality, rape, torture, snuff, death and/or any other type of obscene and/or illegal material will not be tolerated by Wardrobe-Malfunctions.com. Wardrobe-Malfunctions.com will report and cooperate with all governmental agencies that seek those who produce child pornography.
Wardrobe-Malfunctions.com adheres to copyright law and expects its users to do the same. Wardrobe-Malfunctions.com has adopted and implemented a policy that provides for the termination, in appropriate circumstances, of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Wardrobe-Malfunctions.com’s Copyright Policy at: http://www.sex.com/about/dmca for further information.
The Site and Application may contain links to third-party websites or resources. You acknowledge and agree that Wardrobe-Malfunctions.com is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) 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 Wardrobe-Malfunctions.com of such websites or resources or the 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.
Wardrobe-Malfunctions.com grants you a limited, non-exclusive, revocable, non-transferable license, without the right to sublicense, to display the Site Content available through the embeddable function or inline linking on an commercial blog, website or other product or service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Wardrobe-Malfunctions.com or its licensors, except for the licenses and rights expressly granted in the embeddable terms.
You may not to interfere with, damage, disable, overburden, impair, destroy, limit the functionality of or disrupt the Site or Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies of networks connected to the Services; or intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulations. Wardrobe-Malfunctions.com reserves the right to block any website/IP using the embeddable function at any time without prior notice.
Wardrobe-Malfunctions.com reserve the right, for any reason, at our sole discretion, to add, change, suspend, modify, delete or discontinue any aspect of the embeddable function at any time without prior notice.
Termination and Account Cancellation
If you breach any of these Terms, Wardrobe-Malfunctions.com will have the right to suspend or disable your Account or terminate these Terms at its sole discretion and without prior notice to you. Wardrobe-Malfunctions.com reserves the right to revoke your access to and use of the Site, Services and Content at any time, with or without cause. You may cancel your Account at any time by sending an email to:
THE SITE, APPLICATION, SERVICES AND SITE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SEX.COM EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SEX.COM MAKES NO WARRANTY THAT THE SITE, SERVICES OR SITE CONTENT WILL MEET YOUR REQUIREMENTS, OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SEX.COM MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICE OR SITE CONTENT OBTAINED THROUGH THE SITE, APPLICATION OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY SITE CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SEX.COM OR THROUGH THE SITE, SERVICES, CONTENT OR MEMBER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT SEX.COM DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE OR SERVICES, NOR DOES SEX.COM MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES. SEX.COM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
You agree to defend, indemnify, and hold Wardrobe-Malfunctions.com, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Site, Services or Site Content, (ii) your Member Content, or (iii) your violation of these Terms.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND SITE CONTENT REMAINS WITH YOU. NEITHER SEX.COM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, SITE CONTENT , OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SEX.COM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL SEX.COM’ AGGREGATE LIABILITY ARISING OUT OF, OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR SITE CONTENT EXCEED ONE HUNDRED DOLLARS ($100).
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Wardrobe-Malfunctions.com used herein are trademarks or registered trademarks of Wardrobe-Malfunctions.com. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in Santa Clara County, California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms constitute the entire and exclusive understanding and agreement between Wardrobe-Malfunctions.com and you regarding the Site, Services, Site Content, and Member Content and these Terms supersede and replace any and all prior oral or written understandings or agreements between Wardrobe-Malfunctions.com and you regarding the Site, Services and Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Wardrobe-Malfunctions.com’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Wardrobe-Malfunctions.com may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereafter, including those regarding modifications to these Terms, will be in writing and given by Wardrobe-Malfunctions.com (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of Wardrobe-Malfunctions.com to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Wardrobe-Malfunctions.com. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms or any questions, complaints or claims, please contact us at:
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