DUMB KOALA

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Terms & Conditions

Preamble

Please, read these Terms of Service carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement in its entirety, then you must not proceed with the further site exploration or interaction and immediately leave the website and/or abandon the use of any related services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

These Terms of Service apply to all Users of the site, including but not limited to, users who are visitors, guests, customers, subscribers, content creators, and/or contributors of content.

By accessing this site, viewing any content within this site, registering with the service, and/or contacting our Support Team, you acknowledge that you have read, understood and accepted these Terms of Service in its entirety.

Violation of the terms may lead to suspension, lock, or removal of related user accounts.

Governing Law

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the United States of America.

General Statements

By accessing or using any part of the site and/or purchasing something from us (i.e subscriptions), you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms of Use", "Terms and Conditions", "Terms"), including those additional terms and conditions and policies referenced herein and/or available.

Any new features or tools which are added to this site shall also be subject to the Terms of Service. 

We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. It is your responsibility to check this page periodically for changes.

18 U.S.C. § 2257 Statement

All sexually explicit images and video are created with 2D and 3D art & animation software, and do not involve the use of real life male or female models. Since dumbkoala.art do not use real life performers, the Platform is exempt from 18 U.S.C. 2257 Record-Keeping Requirements.

Service Terms

We reserve the right to refuse service to anyone for any reason at any time.

By agreeing to these Terms of Service, you confirm that you are at least 18 years old. To be registered as a User of this site, you must be at least 18 years old.

You may not use our Service for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

By agreeing to these Terms of Service you also agree to all rules and regulations that are imposed on our Service by the third parties involved in the payment processing, content hosting, operational support, and any other services and activities that are essential for this Service’s operations.

A breach or violation of any of the Terms will result in suspension and possible consequent termination of your Services.

Affiliations

We, as a Company and as a Service, do not affiliate ourselves with any political party, tribe, caste, clan, or society. We think of ourselves as of the international group of professionals that brings this Service to you for your pleasure and for our collective profit.

Profile and Account Termination

You can delete your profile and account at any time.

Upon account/profile deletion, the following will happen:

Subscribers: all subscriptions will be canceled immediately and no refunds for ongoing subscriptions will be issued whatsoever. Subscribers will not retain access to the subscribed material.

We can terminate or suspend your account/profile at any time at our discretion. We can also cancel any pledges and remove any content at our sole discretion with or without prior warning and/or explanation. However, in absolute majority of cases, we will contact you prior to the account/profile suspension/termination.

The reasons for account suspension or termination including, but not limited to, as follows:

Illegal Activities. This Service, as well as the company operating this Service, is governed by the laws of the United States of America. Anything that is considered “illegal” by the US law is illegal for use within our platform and will be removed/terminated.

Bullying. Any form of abuse, persecution, harassment, attacking, or bullying - within this platform or outside with the use of the platform or its parts - will lead to account suspension and investigation, which may result in subsequent profile/account termination.

Doxing. It is absolutely forbidden to aggregate and publish on this Platform any private personal or sensitive information of anybody, regardless of the fact if this person is our User or not, or reveal the identity of such an individual without the explicit written consent, for the purpose of intimidating aforementioned individual through harassment.

Private Information Abuse. Any usage (e.g. sharing, storing, selling) any private information, that became available to the User via this Platform, including, but not limited to, e-mail or home addresses, personal name, and any other data that can be considered “sensitive” or “private”, is strictly prohibited.

Content Sharing. Sharing somebody else’s content, that User got access to on this Platform, outside of this Platform without explicit permission from the original content owner is strictly prohibited.

Miscellaneous Sharing. Deliberate sharing of any encrypted, private, or other data related to the Service's operations, including but not limited to tokens, cookies, codes, passwords, as well as an unauthorized share of the correspondence between Service and its Users without explicit and direct permission from the Service, will lead to an immediate and permanent ban from the Platform.

Fraud. Publishing, endorsing, or selling any fraudulent or misleading information or transmitting any digital substance or a code of a destructive nature on this Platform will lead to investigation and potential permanent termination of the account with a report to the appropriate authorities. While this Service has no intentions to follow, curate, investigate, check up on or make and extensive research on vast information published on the Platform, we will take actions in case the investigation - for one or another reason - is initiated.

Impersonation. Presenting yourself as somebody else, especially well known and famous, leads to instant and permanent termination of the account, upon discovery.

Spam. A frequent posting of meaningless content - textual or audio/video - will lead to account suspension and investigation, which may result in subsequent account termination. We reserve the right to determine the meaningfulness of the published information.

Harm to this Service. Any unfriendly, offensive, obscene, derogatory, degrading remarks, public messages, comments or posts - within this Platform or elsewhere - that aim to offend, slander or attack our good name and reputation, or otherwise bring harm to this Service, the operating Company or its staff, members or partners, will lead to instant and permanent termination of the account, most likely followed by the legal actions against the perpetrator(s).

Misleading information. Any misleading information about the Service posted, reposted, or shared anywhere will cause instant and permanent termination of the account.

Dangerous Activities. Any User caught in the act or convicted of making credible violent threats, committing violent crimes, child abuse, violence against animals, malicious doxing, coordinating violent or nonviolent harm, participating in civil unrest, or encouraging others to do any of these activities, may be suspended/banned from using this Service. All activities that can put viewers in danger - by action or inaction - must include a clear disclaimer that warns against repeating such stunts.

Criminal Activities. People with a proven criminal history or with a known affiliation with violent or dangerous groups (e.g. organized criminal groups, terrorist or cyber-terrorist organizations, illegal militias, mercenary organizations, violent hate groups, etc.), won’t be onboarded and will be terminated upon discovery such activities, without regards to the declared purpose of the corresponding profile.

Inactivity. We reserve the right to suspend - with possible following termination, with our without prior notice - any content creator’s account/profile, that was inactive without prior notice - to us or to its Subscribers - for more than 30 days. All recurring billing will be paused. All collected pledges that are subject to payout will be processed within 30 calendar days upon payout request. In case when conditions for the payout are not met - all pledges will not be reimbursed whatsoever and will remain in the Service.

Deviations. We reserve the right to suspend - with or without prior warning - any content creator’s account/profile, that displays, hosts or advertises content that is drastically deviated from the type of content approved during the onboarding process.

Call to group actions. It’s strictly prohibited to ask anyone on the Platform - Subscribers - to request a refund, unsubscribe, leave Platform or initiate legal action against the Platform or participate in such actions.

Profile / Account Ghosting. It’s strictly prohibited to create an account/profile with the same, new, or altered credentials after an initial account/profile by this particular User was terminated, suspended, or otherwise disabled. For instance, if the profile "X" was terminated, it is prohibited to create a new profile "Y" by the same individual, organization, and/or any other associated entity.  

Violations of Acceptable Use. Usage will be monitored and violations of fair use, excessive downloads, or any attempts to bypass download limits are strictly prohibited.

These Terms remain in effect after your account is suspended, terminated, or otherwise disabled.

Copyright

All content is created and owned by dumbkoala.art.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without the express written permission by us, unless we stated otherwise.

If you believe that content on our Service is infringing on your copyright, please send a DMCA takedown notice to support [at] dumbkoala [dot] com to have the content removed. This notice must comply with the requirements of section 512(c)(3)(A) of the DMCA.

Fair Use

This content contains elements from various copyrighted works used under the principles of fair use for parody purposes. The intention is to create humor, satire, or commentary on the original material. We believe that our usage of these copyrighted elements constitutes fair use under copyright law. However, if you are a copyright holder and believe that your rights have been infringed upon, please contact us directly so that we can address your concerns promptly. We respect the intellectual property rights of others and are committed to resolving any disputes amicably. Thank you for your understanding.

Recurring Billing

The subscription mechanism of this Service based on recurring billing.

The recurring charge dates vary based on the subscription date. The exact recurring billing date is determined by the Service at our sole discretion. Normally, recurring billing for each subscription runs roughly every 30 calendar days for each subscription instance.

We reserve the right to suspend a recurring billing for the following cases:

If any activity associated with the account and/or profile are considered suspicious. To determine transactions or activities are being suspicious, we may take into consideration any data provided to us by third parties or base our decision upon our own internal investigation.

Subscriptions

The subscription fee (i.e. price of monthly subscription) will be charged according to the billing model chosen upon subscription.

The number of payments paid by the Subscriber and the total amount depends on the first date of each billing cycle and settings, whether it should be paid instantly upon subscription or otherwise.

A monthly billing cycle can be defined as 28, 30, or 31 days regardless of the number of days in the following or current calendar month.

When a Subscriber changes the subscription tier, a new subscription is initiated, canceling the initial one. In other words, Subscribers pay as if they subscribe for the first time following the current billing model.

Every subscription has its own date and time, therefore multiple subscriptions will result in multiple charges, rather than in one batch charge.

Prices for subscriptions are subject to change without notice.

By becoming a Subscriber, you confirm that you use your own payment method that was issued in your name and belongs to you. Subsequently, you agree to comply with our payment processors’ rules and regulations in their entirety.

If and when our attempt to charge the current payment method fails, we will repeat such an attempt within the next few hours. When such attempts are unsuccessful, the selected payment method is deemed faulty and will be marked as such in the Payment Options section of the Account Settings page. To continue with the existing and future subscriptions, you will have to adjust a payment method by adding a previously used but updated credit/debit card. Alternatively, you can add a new card. As soon as this change happens, we will automatically repeat our attempts to charge your updated preferred payment method unless the recurring billing was disabled.

We may, at our sole discretion, limit or cancel subscriptions.

Unsubscriptions

The Subscriber can cancel a subscription (i.e. unsubscribe) at any time.

We do not provide any refund whatsoever for those who unsubscribed, no matter how quickly that unsubscription has happened.

All access to paid content is lost at point of unsubscription. To regain access, a new active subscription is required.

Upon subscribing again to the same profile - no matter how short the period of time was between unsubscription and re-subscription - the Subscriber will be charged full price for the new subscription according to the subscription price set on the profile.

Fees for Subscribers

There is no fee to start and run an account as a Subscriber with our Service.

You can cancel your pledge (i.e. subscription) at any time.

As a Subscriber, you will be charged a Subscription Fee instantly upon subscription. Thereafter, this fee will be debited from your preferred payment option on a monthly basis (roughly - every 30 days).

Depending on your location, some banks may charge you a Foreign Transaction Fee for your pledge, which will be assessed in addition to the pledge amount. The Foreign Transaction Fee is subject to change by the authorized institutions without prior notice. We have no control over this charge.

If you are located in the EU, then VAT is added to the final amount of the subscription. The exact amount of VAT is determined by the country you are a resident of and is shown when you set up the initial pledge amount.

The Platform handles collecting and paying out VAT.

Subscription Tiers

As a Subscriber, you can switch to a higher or lower Subscription Tier at any time.

If applicable, Subscribers are charged instantly upon switching tiers with the billing period is reset to the time of switching.

When switching from the lower to the higher tier, Subscribers pay the full price of the higher tier, not the difference between the original and new tier price.

When switching from the higher to the lower tier, no credit is given to Subscriber, i.e. the difference between tier prices is not credited to Subscriber’s credit card. Switching to a lower-priced tier immediately revokes access to all previously available content from a higher tier.

Checkout Terms and Conditions

Please read the following terms and conditions carefully before completing your purchase. By making a purchase on this website, you agree to be bound by these terms and conditions.

  1. All Purchases are Final:
  2. All transactions made on this website are considered final. Once a purchase is completed, no refunds or exchanges will be provided.

  3. Content Access:
  4. Your purchase entitles you to download and view the content specified in the product description. The content is for personal use only and may not be shared, resold, or distributed without explicit permission.

  5. Payment Processing by blockonomics.co:
  6. The checkout process and payment processing for your purchase are handled by respective cryptocurrency blockchains and live pricing data is provided by bitpay.com

  7. Currency and Payment Information:
  8. Payments are processed in the currency specified during the checkout process. It is your responsibility to ensure that the payment information provided is accurate and up-to-date.

  9. Security:
  10. We do not store your payment details on our servers. By using blockchain for the checkout process, you acknowledge and agree to all consequences of using the blockchain.

  11. Technical Issues:
  12. In the event of technical issues or interruptions during the checkout process, we will make reasonable efforts to resolve the problem promptly. However, we are not responsible for any losses or damages resulting from technical difficulties.

  13. Changes to Terms and Conditions:
  14. We reserve the right to update or modify these terms and conditions at any time without prior notice. It is your responsibility to review these terms periodically. Continued use of the website and making purchases after any changes constitutes acceptance of the updated terms.

  15. Governing Law:
  16. These terms and conditions are governed by and construed in accordance with the laws of the United States of America. Any disputes arising from or in connection with these terms shall be subject to the exclusive jurisdiction of the courts in the United States of America.

By completing your purchase, you affirm that you have read, understood, and agreed to these terms and conditions. If you do not agree with any part of these terms, please do not proceed with your purchase.

Modifications to the Service and Prices

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service

Prices for our services (i.e. Service Fee) are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.

Accuracy of Information

These restrictions may include any pledges (i.e. Subscriptions, Tips) placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order (i.e. Subscription, Tip), we may attempt to notify you by contacting via e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or suspend orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate account information for all subscriptions and other pledges you make. You agree to promptly update your account and other information, including your e-mail address and credit card number and expiration dates so that we can complete your transactions and contact you as needed.

Third Parties

Certain content, products, and services available via our Service may include - partially or as a whole - content, products, and services produced, owned and maintained by third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of those materials or websites. We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party entity.

Optional Tools and Services

We may provide you with access to optional third-party tools or access to optional third-party services over which we neither monitor nor have any control or input. This includes hosting, processing, monitoring and/or any and all other third-party tools and services that are not affiliated with us as a Company, but employed to perform duties that are essential to the Service’s functionality.

You acknowledge and agree that we provide access to such tools and services "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s)

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Personal and Sensitive Information

Credit card information and other sensitive information is always encrypted during transfer over networks and is never stored within the Platform.

Your submission of personal information through the Service is governed by our Privacy Policy. Please, make yourself familiar with our Privacy Policy.

Errors, Inaccuracies and Omissions

Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions that may relate to subscription descriptions, benefits, features, pricing, promotions, offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel subscription(s) if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including but not limited to pricing information, except as required by law.

No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Limitation of Liability

We do not guarantee, represent, or warrant that your use of our service will be satisfying, pleasant, fulfilling, uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove/pause this Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The services are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representations, warranties or conditions of any kind, either expressed or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall dumbkoala.art, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services procured using the Service, or for any other claim related in any way to your use of the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnity

You agree to indemnify, defend and hold harmless dumbkoala.art, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your or others breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party, or related to your use of this Service.

We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right then you will agree to help us in our defense.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Service Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site, and/or delete your account or profile.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Acceptable Use Policy

You agree not to misuse the dumbkoala.art services ("Services") or help anyone else to do so. For example, you must not even try to do any of the following in connection with the Services:

  • probe, scan or test the vulnerability of any system or network;
  • breach or otherwise circumvent any security or authentication measures;
  • access, tamper with or use non-public areas or parts of the Services, or shared areas of the Services you haven't been invited to;
  • interfere with or disrupt any user, host or network, for example by sending a virus, overloading, flooding, spamming or mail-bombing any part of the Services;
  • access, search or create accounts for the Services by any means other than our publicly supported interfaces (for example "scraping" or creating accounts in bulk);
  • send unsolicited communications, promotions or advertisements, or spam;
  • send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
  • promote or advertise products or services other than your own without appropriate authorisation;
  • abuse referrals or promotions;
  • circumvent download limits;
  • sell the Services unless specifically authorised to do so;
  • advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability or impairment;
  • harass or abuse dumbkoala.art personnel or representatives or agents performing services on behalf of dumbkoala.art;
  • violate the law in any way, including storing, publishing or sharing material that’s fraudulent, defamatory or misleading or that violates the intellectual property rights of others;
  • violate the privacy or infringe the rights of others;

We reserve the right to take appropriate action in response to violations of this policy, which could include removing or disabling access to content, suspending a user’s access to the Services or terminating an account.