Terms & Conditions
Read them, and read them well.
This website, www.kinkoutloud.com (referred to herein as the “Site”), and its content are owned and operated by Molly Lazarus of Kink Out Loud (referred to herein as the “Company”, “we”, or “us”). The term “you” refers to the user or viewer of any content appearing on the Site, or in associated materials that can be accessed or downloaded through the Site. The content on the Site is protected by applicable copyright and trademark law. All rights reserved.
By using the Site and its content, you represent and warrant that you are at least 18 years old and agree to be bound by these Terms & Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. This agreement applies at all times to these Terms & Conditions as they appear on the Site, whether or not you have read them.
We reserve the right to modify these Terms & Conditions or impose new conditions on use of the Site at any time without notice. By continuing to use the Site after such changes are made, you accept the Terms & Conditions, as modified.
Your use of this Site does not constitute or establish a contractual relationship with Molly Lazarus or www.kinkoutloud.com. If you are under the age of 18 and/or do not agree with any of these Terms & Conditions, you are prohibited from accessing or using the Site or its content. Any registration by, use of, or access to the Site and its content by anyone under age 18 is unauthorized, unlicensed, and in violation of these Terms & Conditions.
Molly Lazarus provides the materials on this Site as a public service for informational and entertainment purposes only. The content and materials appearing on, or associated with, the Site are provided “as is”. The Company makes no warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, the Company hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, the Company does not warrant or make any representations concerning the accuracy, timeliness, likely results, or reliability of the use of its materials on the Site or otherwise relating to such materials or on any third-party websites linked to this Site. By using the Site, you accept and understand that results vary for each individual.
The Company does not warrant that the Site or any of its functions will be uninterrupted or error-free, that defects will be fixed, or that any parts of the Site are free of viruses or other harmful components.
Molly Lazarus is not an attorney, trained medical professional, professional dominatrix or sex worker, bondage instructor, psychologist, psychiatrist, biologist, neurologist, or law-enforcement officer, nor does she hold herself out to be. The content contained in or associated with this Site is not intended as a substitute for professional advice related to matters such as safety, legality, or medical issues.
Although care has been taken in preparing the materials provided to you via the Site, the Company shall not be held responsible for any errors or omissions, nor accept any liability whatsoever for any injury, death, loss, or damage you may incur. Always seek professional safety, legal, and/or medical counsel relating to your specific circumstances as needed for any and all questions you have now, or may have in the future in relation to BDSM. You agree that the information presented on the Site is not to be taken as safety, legal, psychological, financial, or medical advice.
3. Limitation of Liability
In no event shall the Company or anyone directly involved or associated with the operation of the Site, or its suppliers, be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the content provided on the Site, even if the Company or an authorized company representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The Company, and anyone directly associated with the Company, will not be held responsible or liable in any way for the information or content you receive or request through the Site or its affiliates. The Company does not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with Molly Lazarus or www.kinkoutloud.com. The Company does not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who are engaged in rendering our materials, in any way or in any location. In the event that you use any other information provided by or affiliated with the Site, the Company assumes no responsibility.
You acknowledge and agree that the Company is not liable for any offensive or illegal behavior of any user. If you are dissatisfied with the Site in any way, or its affiliated products, materials, or services, your sole recourse is to discontinue using the Site and its affiliated products, materials, or services.
4. Indemnification & Release of Claims
You agree at all times to hold harmless, defend, and indemnify the Company and its agents, affiliates, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to this Site, its content, or your breach of any obligation, warranty, representation or covenant set forth in these Terms & Conditions, or in any other agreement with the Company.
5. Revisions & Errata
The content on this Site may include technical, typographical, or photographic errors. The Company does not warrant that any of the materials on the Site are accurate, complete, or current. The Company may make changes to the materials contained on this Site at any time, and without notice. The Company does not, however, make any commitment to update the materials.
The Company makes no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information in the content contained on this Site. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, the Company shall not be held responsible or accountable for the accuracy of its content. You acknowledge that such information may contain inaccuracies or errors, and the Company is not liable for any such inaccuracies or errors to the fullest extent permitted by law.
6. Intellectual Property Rights & Use License
Kinkoutloud.com is owned by Molly Lazarus and protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your own personal noncommercial use. You are prohibited from using the Site or its contents in any way that constitutes an infringement of the Company’s rights. Unless explicitly authorized by Molly Lazarus or in these Terms & Conditions, you are prohibited from modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any medium any content produced by the Company.
Permission is granted to temporarily download one copy of the materials (information or software) from www.kinkoutloud.com for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
1. modify or copy the materials;
2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
3. attempt to decompile or reverse engineer any software contained on the Site;
4. remove any copyright or other proprietary notations from the materials; or
5. transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by the Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.
To access some features of the site, you may be required to create a username and password. You are solely responsible for protecting the confidentiality of this information, and for all activity that occurs under your account. You agree to notify the Company immediately of any unauthorized use of your account. The Company will not be held liable for any loss or damage resulting from your failure to protect your account information.
8. Third-Party Links
The Company has not reviewed all of the third-party websites linked to this Site, and is not responsible or liable for the content of any such linked website. The inclusion of links to third-party websites does not imply endorsement or sponsorship of such sites, or the information, products, or services offered on or through the sites.
In addition, neither the Company nor its affiliates operates or controls in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by the Company on the Site. If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not the Company.
Neither the Company, nor any third-party provider of information, guarantees the accuracy, completeness, or usefulness of any content. You agree to access and use the information contained in linked third-party sites at your own risk and discretion. Under no circumstances will the Company, its affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums.
The Site may present actual experiences, testimonials, and insights about user experiences with the Company’s content for purposes of illustration. The testimonials used are of actual users and results they achieved, or of individuals who can speak to Molly Lazarus’ character and/or the quality of her work. They are not intended to represent or guarantee that current or future users will achieve the same or similar results.
10. Use of photos and DMCA
The vast majority of photos that appear on this Site are either public domain or available for use under Creative Commons Zero (CC0), under which no copyright is reserved. The Company does not claim ownership of any of these images. They are free for use by all, though do require attribution in certain cases.
Photos not in the public domain or available under CC0 are either the property of Molly Lazarus or the credited source cited under the photo. These images are protected by copyright and may not be used without permission. All rights reserved.
The Digital Millennium Copyright Act (DMCA) provides protection for copyright owners who believe their material has been stolen and posted online in violation of U.S. copyright law. If you believe any content appearing on the Site infringes on your copyright, the Company encourages you to send a request for the content to be cited, linked to its original source, or removed. Requests of this nature must fall in alignment with the terms set forth in the DMCA.
11. Comments and Interactive Features
You agree at all times to accept the following terms regarding comments. The Company screens all comments that appear on the Site before they are posted. You grant the Company unrestricted license to post or NOT post your comment on the Site as it sees fit, as well as the unlimited, royalty-free, eternal, irrevocable, non-exclusive, worldwide license to store, transmit, display, use, publish, reproduce, and distribute your comment, in whole or in part, for any purpose, in any format, including, but not limited to, a blog, book, presentation, class, or video.
You may comment anonymously or under a name/username. (The email address you use to register for comment submission will not be displayed on the Site, and will not be sold or used to contact you unless you request to be contacted.) You may NOT impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
The Company expressly disclaims any and all liability that may result from any comment you leave on this Site. You agree that you retain all ownership rights for the comments you post, and to release the Company from any and all liability that may result from posting your comments. Responsibility for what is posted in comments lies with each user – you alone are responsible for the material you post or send.
You are prohibited from sending comments that:
Encourage other users to commit illegal activities, or cause injury, death, or property damage to any person.
Include content that is insulting, hateful, discriminatory, unlawful, threatening, abusive, graphic, explicitly pornographic, libelous, knowingly inaccurate or misleading, defamatory in nature, or that constitutes harassment. BEHAVE LIKE A DECENT HUMAN.
Inhibit other users from enjoying or using the Site.
Advertise or solicit others to buy, sell, view, or download products or services, or to make donations of any kind.
Contain information, software, or other content that contains a virus or other harmful component.
Violate or infringe upon the rights of others, including content that invades privacy or publicity rights, or that is protected by copyright or trademark, without first obtaining permission from its owner.
Contain off-topic content or attempt to hijack the discussion at hand.
Comments containing such content as described above will fail the screening process and will not appear on the Site. Users who repeatedly violate these terms will be permanently banned, with or without notice or warning from the Company.
Discussions of sexuality are allowed and encouraged, but these discussions must remain mature at all times and never contain abusive, disrespectful, or profane wording or imagery. You grant the Company exclusive license to judge whether or not such content is appropriate for viewing on the Site. Any posts, jokes, or discussions with a clear intent to sexualize children will fail the screening process and will not appear on the Site. Additionally, users transmitting content of this nature will be permanently banned.
In addition, the Company reserves the right to alter, edit, or remove any content, in whole or in part, for any reason, and to disclose such materials and the circumstances surrounding their transmission in order to satisfy any applicable law, regulation, legal process, or governmental request (national or international), and to protect itself, its affiliates, and its users.
The Company reserves the right, at its sole discretion, to refuse or terminate your access to the Site or its content, in full or in part, at anytime and without notice. In the event of cancellation or termination, you are no longer permitted to access or use the part of the Site or its content affected by this cancellation or termination. The restrictions set forth in these Terms & Conditions, with respect to the Site and its Content, will still apply, now and in the future, even after termination by you or the Company.
13. Governing Law
Any claim relating to the Site or the company shall be governed by the laws of the State of California, USA without regard to its conflict of law provisions. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
If you have any questions regarding these Terms & Conditions, you can email Molly at firstname.lastname@example.org.
Last updated: November 2017