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18+ Only · Discreet · PrivateWebsite Terms of Service, Confidentiality & Intellectual Property Protection Agreement
This Website Terms of Service, Confidentiality & Intellectual Property Protection Agreement (“Agreement”) is entered into electronically between:
Website Owner/Company: ______________________________ (“Owner”) and
User: The individual or entity accessing, viewing, purchasing from, communicating with, submitting information to, or otherwise using the Website (“User”).
Owner and User may each be referred to as a “Party” and collectively as the “Parties.”
By clicking “I Agree,” “Accept,” “Continue,” “Submit,” or any substantially similar electronic acceptance button, checkbox, or mechanism, User acknowledges that User has read, understood, and voluntarily agrees to be legally bound by this Agreement.
NO HANDWRITTEN SIGNATURE IS REQUIRED. Electronic acceptance constitutes User’s legally binding assent to this Agreement to the maximum extent permitted by applicable law.
Access to or use of this Website is conditioned upon User’s acceptance of this Agreement. By accepting this Agreement, User represents and warrants that:
If User does not agree to this Agreement, User must not access or use the Website.
By accepting this Agreement, User represents and warrants that, to the best of User’s knowledge and except as expressly disclosed to Owner in writing before access:
User agrees that knowingly providing a false representation regarding such affiliation constitutes a material breach of this Agreement. Nothing in this provision shall be interpreted as restricting any lawful governmental authority or mandatory legal process.
For purposes of this Agreement, “Confidential Information” includes any non-public information made available through or in connection with the Website, Owner, Owner’s business, or Owner’s operations. Confidential Information may include, without limitation:
User shall not disclose, publish, distribute, transmit, sell, license, reproduce, or otherwise make Confidential Information available to any third party without Owner’s prior written authorization, except as otherwise expressly permitted by this Agreement or applicable law.
All original materials appearing on or made available through the Website are protected to the maximum extent permitted by applicable law. This includes, without limitation:
Except for the limited rights expressly granted under this Agreement, User receives no ownership interest or intellectual-property rights in any Website content.
User shall not, without Owner’s prior written authorization:
Limited personal viewing of publicly available Website pages does not transfer ownership or create a license to reproduce or commercially exploit those materials.
User shall not sell, resell, sublicense, license, lease, rent, distribute, monetize, transfer, assign, or commercially exploit any Website content or proprietary material without Owner’s express written authorization. This prohibition applies regardless of whether the material is:
Changing the format or making minor alterations to Owner’s material does not create independent ownership rights.
User shall not use information, materials, systems, designs, strategies, content, or other proprietary elements obtained from the Website to create, operate, market, promote, or assist a competing website, business, service, product, platform, or commercial offering. This provision applies whether the competing use is direct or indirect. Nothing in this Agreement shall prohibit lawful competition based solely upon independently developed information and materials that do not infringe or misappropriate Owner’s protected rights.
Unless expressly authorized in writing, User shall not use:
to systematically copy, collect, reproduce, extract, index, archive, or repurpose Website content. User shall not attempt to circumvent technical measures intended to prevent unauthorized copying, access, extraction, or distribution.
Unless expressly authorized in writing, User shall not use Website content to:
This restriction applies to publicly accessible and non-public Website materials to the extent permitted by applicable law.
All rights, title, and interest in Owner’s original Website materials remain with Owner or the applicable rights holder. Nothing in this Agreement shall be interpreted as:
unless expressly stated in a separate written agreement signed or electronically accepted by Owner. Any rights not expressly granted to User are reserved by Owner.
To the extent any Website information qualifies as a trade secret or protected proprietary information under applicable law, User agrees to maintain its confidentiality and shall not acquire, disclose, use, reproduce, or exploit such information except as expressly authorized. User shall take reasonable measures to prevent unauthorized access to Confidential Information obtained through the Website.
If User submits information, text, photographs, files, documents, ideas, feedback, suggestions, or other materials to Owner, User represents and warrants that User has the legal right to provide such materials. User shall not submit:
Unless separately agreed in writing, submission of material to Owner does not create an obligation for Owner to compensate User for the submission.
User shall not use the Website to:
If Owner reasonably believes User has violated this Agreement, Owner may immediately:
Owner is not required to provide an opportunity to cure where immediate action is reasonably necessary to protect intellectual property, Confidential Information, security, or other legally protected interests.
User acknowledges that unauthorized copying, disclosure, distribution, sale, resale, publication, or misuse of Owner’s intellectual property or Confidential Information may cause harm that cannot be adequately compensated solely through monetary damages. Accordingly, Owner may seek temporary, preliminary, and permanent injunctive relief, specific performance, or other equitable remedies to prevent or stop an actual or threatened violation, in addition to any monetary remedies available under law.
A violation of this Agreement may result in substantial financial and other harm to Owner. To the maximum extent permitted by applicable law, Owner reserves the right to seek all available remedies, including:
Nothing in this Agreement shall be interpreted as limiting remedies that cannot legally be limited.
Upon Owner’s request, or upon termination of User’s authorized access, User shall, to the extent reasonably possible and legally permitted:
Where technically or legally impossible to completely remove archived or automatically generated copies, User shall not access, use, disclose, or distribute those copies.
The confidentiality, intellectual-property, non-use, non-disclosure, and proprietary-information obligations contained in this Agreement shall survive termination of User’s access to the Website. Where applicable law provides continuing protection for trade secrets, the obligations concerning such trade secrets shall continue for so long as the information remains legally protected as a trade secret. Copyright, trademark, patent, and other intellectual-property rights survive termination according to applicable law.
User expressly agrees that clicking an electronic acceptance button or checkbox constitutes User’s electronic signature and assent to this Agreement. User agrees that:
If applicable law requires additional disclosures or procedures for electronic contracting, Owner may provide those disclosures or procedures through the Website.
Owner may modify this Agreement from time to time. For material changes, Owner may provide notice through the Website or another reasonable method. Where legally required, User will be required to affirmatively accept the updated Agreement before continuing to use certain portions of the Website. The version of the Agreement accepted by User shall govern the relationship for the applicable period, subject to lawful modification.
The Website may contain links, services, products, or materials provided by third parties. Owner is not responsible for the content, policies, availability, security, or practices of third-party websites or services except to the extent required by applicable law. Use of third-party services may be subject to separate terms and policies.
To the maximum extent permitted by applicable law, the Website and its materials are provided on an “as available” and “as is” basis. Owner makes no warranties beyond those that cannot legally be excluded. Owner does not guarantee that the Website will:
Nothing in this provision limits rights or warranties that cannot legally be disclaimed.
To the maximum extent permitted by applicable law, Owner shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from User’s use of the Website, except where such limitation is prohibited by law. Nothing in this Agreement shall eliminate liability that cannot legally be excluded or limited.
To the maximum extent permitted by applicable law, User agrees to defend, indemnify, and hold harmless Owner and Owner’s officers, employees, contractors, agents, affiliates, successors, and assigns from claims, damages, liabilities, losses, costs, and expenses arising from:
By accessing or using the Website, submitting a booking request, contacting the Owner, or otherwise interacting with the Website, User acknowledges and agrees that the Owner may collect and process information reasonably necessary to operate the Website, communicate with Users, process requests, maintain records, protect the Website, and provide requested services. Information that may be collected includes, but is not limited to:
Payment information may be processed through third-party payment processors or financial service providers. The Owner may not directly receive or retain complete payment-card information where such information is processed by a third-party payment provider. Users may be subject to the privacy policies, terms, and security practices of those payment providers.
The Owner may use collected information for legitimate business and operational purposes, including to: (a) process and manage booking requests; (b) communicate with Users; (c) process deposits and other authorized payments; (d) provide, administer, and improve the Website and services; (e) maintain business, transaction, and booking records; (f) prevent fraud, abuse, unauthorized access, or misuse of the Website; (g) enforce the Terms of Service, NDA, confidentiality obligations, and other agreements; (h) comply with applicable law, legal process, court orders, or lawful governmental requests; (i) protect the rights, property, privacy, safety, and security of the Owner, Users, and other persons; and (j) perform other purposes reasonably related to the operation and protection of the Website and business.
By voluntarily providing contact information, User acknowledges that the Owner may use that information to communicate with User regarding booking requests, appointments, payments, Website matters, account or transaction matters, policies, security issues, and other communications reasonably related to User’s interaction with the Website.
The Owner will use reasonable administrative, technical, and organizational measures intended to protect information maintained through the Website. However, no website, electronic transmission, database, communication system, or method of storage can be guaranteed to be completely secure. Accordingly, the Owner does not guarantee that information will never be accessed, disclosed, altered, lost, or compromised through circumstances beyond the Owner’s reasonable control.
The Owner will not intentionally disclose or publish User information except as reasonably necessary to operate the Website and business, process transactions, provide requested services, protect the Owner or others, enforce applicable agreements, comply with legal obligations, or otherwise as permitted or required by applicable law. Information may be disclosed to service providers, hosting providers, payment processors, technology providers, communications providers, professional advisors, insurers, legal representatives, governmental authorities, courts, or law-enforcement agencies when reasonably necessary for legitimate business, security, legal, or operational purposes.
Users are responsible for ensuring that information they voluntarily submit to the Website is accurate and that they do not submit information they are prohibited from providing or disclosing. Users should not submit passwords, financial-account credentials, government identification numbers, or other highly sensitive information through ordinary contact forms unless specifically requested through an appropriate secure process.
The Owner may retain information for as long as reasonably necessary for business operations, transaction records, legal compliance, dispute resolution, enforcement of agreements, security, fraud prevention, accounting, tax, insurance, or other legitimate purposes.
The Website may use third-party services for hosting, payment processing, analytics, communications, scheduling, security, storage, email, website functionality, social-media integrations, or other operational purposes. Information processed by such providers may be subject to their respective terms of service, privacy policies, security practices, and legal obligations.
Nothing in this Section prevents the Owner from disclosing information when disclosure is reasonably believed to be necessary to comply with applicable law, subpoena, court order, warrant, legal process, governmental request, investigation, or other legal obligation, or when reasonably necessary to protect against fraud, abuse, unlawful conduct, security incidents, or harm to persons or property.
Although the Owner intends to maintain reasonable privacy and confidentiality practices, no representation or guarantee is made that all User information will remain completely confidential under every circumstance. The Owner does not promise or represent that User information will never be disclosed, accessed, transmitted, stored, processed, or otherwise handled by third parties.
The User expressly acknowledges that disclosure, transmission, access, or processing of information may be necessary or permitted for legitimate purposes, including but not limited to:
Nothing in this Agreement shall be interpreted as creating an absolute or unconditional promise of secrecy, confidentiality, anonymity, or nondisclosure. Any confidentiality obligations contained elsewhere in this Agreement are subject to the express exceptions and permitted disclosures stated in this Section. The Owner will use reasonable measures to limit unnecessary disclosure and will not intentionally disclose User information for unrelated purposes except as permitted or required by applicable law or as otherwise authorized by the User. The User further acknowledges that third-party service providers may independently maintain, process, transmit, or store information in connection with their services and that such providers may have their own terms of service, privacy policies, security practices, and legal obligations. Nothing in this Section authorizes either Party to violate applicable law or to waive rights or protections that cannot lawfully be waived.
This Section is incorporated into and made part of these Terms of Service, Confidentiality Agreement, and NDA. By clicking “I Agree,” “Accept,” or an equivalent electronic acceptance button, the User acknowledges that the User has read, understood, and agreed to the information-collection and privacy provisions contained herein.
User agrees that User shall not intentionally or negligently cause bodily injury, physical injury, sexual abuse, sexual assault, sexual misconduct, violence, threats of violence, or other physical or sexual harm to Owner during any interaction, meeting, visit, relationship, arrangement, transaction, or period in which User and Owner are together or in contact, whether such conduct occurs on or off the Website. This provision applies regardless of whether the conduct occurs at Owner’s residence, User’s residence, a hotel, vehicle, business location, public location, private location, or any other location.
Nothing in this Agreement grants User permission or consent to engage in sexual activity with Owner. User shall not engage in sexual activity with Owner without Owner’s voluntary, knowing, and legally valid consent. Consent must be present at the time of the activity and may be withdrawn at any time. User shall not engage in sexual activity through force, threats, intimidation, coercion, incapacitation, or when Owner is legally incapable of consenting. Nothing in this Agreement shall be interpreted as waiving, limiting, excusing, authorizing, or preventing the reporting of sexual assault, sexual abuse, physical violence, domestic violence, or any other unlawful conduct.
To the maximum extent permitted by applicable law, if User causes or contributes to bodily injury, physical injury, sexual abuse, sexual assault, sexual misconduct, hospitalization, medical treatment, psychological or emotional harm, property damage, or other legally compensable harm to Owner, User shall be responsible for the resulting damages to the extent legally established. This obligation applies to damages resulting from User’s intentional misconduct, assaultive conduct, sexual misconduct, gross negligence, negligence, or other wrongful conduct, to the extent permitted by applicable law.
To the maximum extent permitted by applicable law, User shall reimburse Owner for reasonable and necessary expenses resulting from injury or harm caused by User, including, without limitation:
To the maximum extent permitted by applicable law, if Owner incurs reasonable attorneys’ fees, court costs, expert fees, litigation expenses, investigation expenses, or other legally recoverable expenses as a result of User’s wrongful conduct causing injury, sexual abuse, sexual assault, physical harm, hospitalization, or other legally compensable damages to Owner, User shall be responsible for such expenses to the extent recoverable under applicable law. This provision is intended to apply in addition to, and not in limitation of, any attorneys’ fees or costs otherwise recoverable under statute, common law, court rule, or other applicable legal authority.
To the maximum extent permitted by applicable law, User shall be responsible for all legally recoverable damages resulting from User’s wrongful conduct toward Owner, which may include, where legally available:
Nothing in this section guarantees recovery of a particular category of damages where applicable law does not permit such recovery.
If Owner is hospitalized, transported by ambulance, receives emergency medical treatment, or otherwise requires urgent medical care as a result of User’s conduct, User’s obligations under this Section shall apply notwithstanding the termination, cancellation, expiration, or suspension of User’s access to the Website or the termination of any relationship or interaction between the Parties.
The obligations contained in this Section survive termination, cancellation, expiration, suspension, or deletion of User’s account or access to the Website and survive the termination of any personal, business, contractual, or other relationship between Owner and User to the extent necessary to address injuries, claims, expenses, damages, or legal proceedings arising from conduct occurring during the applicable period.
Nothing in this Agreement prevents Owner from contacting law enforcement, emergency medical services, an attorney, a court, a governmental agency, a victim-support organization, or any other appropriate authority concerning suspected criminal conduct or unlawful activity. Nothing in this Agreement requires Owner to remain silent concerning sexual assault, sexual abuse, physical violence, threats, stalking, domestic violence, or any other unlawful conduct. Nothing in this Agreement constitutes a waiver of any right that cannot legally be waived.
The rights and remedies provided in this Section are cumulative and are intended to supplement, rather than replace, any rights and remedies otherwise available to Owner under applicable law. If User’s conduct constitutes a crime, tort, personal injury, sexual assault, sexual abuse, or other unlawful act, Owner may pursue any civil, criminal, administrative, protective, or other remedy available under applicable law.
The Parties intend that any obligation to reimburse Owner for legally recoverable medical expenses, attorneys’ fees, costs, damages, or other losses under this Section constitute a separate contractual obligation to the maximum extent permitted by applicable law. Nothing in this Section shall be interpreted as permitting, authorizing, excusing, or consenting to conduct that would otherwise constitute unlawful assault, sexual assault, sexual abuse, violence, or other criminal conduct.
Owner may terminate or suspend User’s access to the Website at any time where permitted by applicable law, including for violation of this Agreement. Termination does not eliminate obligations that by their nature are intended to survive termination. Upon termination, User shall immediately cease all unauthorized use of Owner’s Website materials and Confidential Information.
This Agreement shall be governed by and interpreted according to the laws of the State of ______________________, without regard to conflict-of-law principles, except to the extent federal law or mandatory law provides otherwise.
To the extent permitted by applicable law, any legal action arising from or relating to this Agreement shall be brought in the state or federal courts located in __________________ County, __________________ State. User consents to the jurisdiction of such courts to the extent legally permissible.
If any provision of this Agreement is determined to be invalid, unlawful, or unenforceable, that provision shall be modified or limited to the minimum extent necessary to make it enforceable where legally permissible. The remaining provisions shall remain in full force and effect.
Owner’s failure to enforce any provision of this Agreement shall not constitute a waiver of Owner’s right to enforce that provision or any other provision in the future. A waiver must be expressly provided by Owner.
User may not assign, transfer, sublicense, or delegate User’s rights or obligations under this Agreement without Owner’s prior written consent. Owner may assign this Agreement in connection with a merger, acquisition, sale of substantially all assets, corporate restructuring, or transfer of the Website or applicable business.
This Agreement constitutes the entire agreement between Owner and User concerning the matters addressed herein and supersedes prior oral or written understandings concerning those matters, except for separate agreements expressly incorporated by reference. Any additional terms applicable to a specific service, purchase, membership, product, or transaction may supplement this Agreement.
By clicking “I ACCEPT,” User confirms and acknowledges:
Except as expressly authorized in writing by Owner, User shall not disclose, transmit, forward, distribute, publish, upload, post, reproduce, or otherwise provide to any third party any non-public information, communications, materials, or content obtained from or concerning Owner through the Website or through communications with Owner. This prohibition includes, without limitation:
User shall not provide any such material to another person, company, website, platform, forum, social-media account, review website, publication, media outlet, competitor, blogger, influencer, or other third party for unauthorized publication, redistribution, commentary, criticism, analysis, commercial exploitation, or other external use, except where such disclosure is protected or required by applicable law.
User shall not intentionally submit, upload, publish, distribute, or cause Owner’s Website, private communications, messages, photographs, recordings, personal information, proprietary materials, or other non-public information to appear on another website or platform for the purpose of:
This restriction applies regardless of whether the information is posted under User’s real name, anonymously, through a pseudonym, through another person, or through an intermediary. User shall not request, encourage, instruct, pay, compensate, or assist another person to perform an act that User would be prohibited from performing directly. Nothing in this Section shall prohibit disclosures or communications protected by applicable law.
User shall not use information or materials obtained through the Website or private communications with Owner to solicit, encourage, facilitate, or organize third parties to review, rate, criticize, investigate, expose, ridicule, or otherwise publicly discuss Owner on competing, harmful, or unrelated websites. User shall not distribute Owner’s private communications or materials to third parties for the purpose of inducing third-party commentary, reviews, publications, posts, videos, articles, podcasts, social-media content, or other public material concerning Owner. This provision does not prohibit truthful reviews or disclosures that are independently created without using or disclosing Owner’s protected, confidential, or private materials, nor does it prohibit disclosures protected by applicable law.
Without Owner’s prior written authorization, User shall not:
This provision applies to communications occurring through the Website and, where the communication is reasonably understood to be private or confidential, communications occurring outside the Website. Nothing in this Section prohibits a recording or disclosure that is expressly authorized by applicable law or legally protected.
User shall not use Owner’s name, likeness, photographs, communications, contact information, private information, Website materials, or other information obtained through a private interaction with Owner to create a public-facing profile, exposé, review campaign, warning page, complaint website, social-media campaign, database, directory, or other publication designed to expose or target Owner. User shall not combine information obtained from Owner with information obtained elsewhere for the purpose of creating a substantially more extensive profile of Owner or Owner’s business. Nothing in this Section prohibits conduct or disclosures protected by applicable law.
User shall not sell, license, monetize, advertise, promote, distribute, or otherwise commercially exploit Owner’s private communications, photographs, recordings, Website materials, personal information, proprietary information, or other protected materials. This includes providing such materials to:
for commercial or promotional purposes without Owner’s prior written authorization.
The restrictions contained in Sections 35 through 40 survive the termination, cancellation, expiration, or suspension of User’s access to the Website. Ending an account, deleting a User profile, completing a transaction, or ceasing to use the Website does not authorize User to disclose, publish, distribute, or exploit information previously obtained from Owner.
If User publishes, uploads, distributes, or causes protected or confidential Owner materials to be published in violation of this Agreement, User shall promptly: (1) Remove the material from the platform on which it was posted; (2) Remove duplicate copies under User’s control; (3) Request removal of copies User caused another person to publish; (4) Stop further distribution; (5) Stop directing others to the material; and (6) Cooperate reasonably with Owner in mitigating the unauthorized disclosure. Removal of the material shall not eliminate User’s liability for the original breach or any resulting damages.
Unauthorized disclosure, publication, distribution, copying, or exploitation of Owner’s Website, private communications, photographs, recordings, proprietary information, or Confidential Information may constitute a material breach of this Agreement. To the maximum extent permitted by applicable law, Owner may seek:
Each unauthorized publication, transmission, distribution, or commercial exploitation may constitute a separate violation where permitted by applicable law. Nothing in this Agreement limits any remedy that cannot legally be limited.
Nothing in this Agreement is intended to prohibit or penalize:
Where legally permitted, User shall provide Owner with reasonable notice before making a compelled disclosure so that Owner may seek appropriate protective relief.
By accepting this Agreement, User expressly acknowledges that certain interactions with Owner may involve private, confidential, proprietary, personal, or commercially sensitive information. User agrees that access to such information does not create a right to publicly disclose, reproduce, distribute, monetize, exploit, or republish that information. User further acknowledges that the absence of a physical “CONFIDENTIAL” label does not necessarily mean that information is intended for unrestricted public distribution. The privacy and confidentiality obligations contained in this Agreement are subject to the express exceptions, permitted disclosures, legal requirements, and limitations stated in Section 25.
ELECTRONIC ACCEPTANCE RECORD — The Website may record User’s acceptance, including the applicable Agreement version, date, time, and other information reasonably necessary to establish the electronic transaction. Such electronic records may be retained by Owner as evidence of User’s acceptance and agreement to the version of this Agreement presented to User at the time of acceptance, subject to applicable law.
