TERMS OF USE
Eligibility
You must be eighteen or over to register as a member or use this site. Membership in this service is void where prohibited. By using and/or viewing this site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the terms and conditions of this agreement and that you are at least 18 years old (or 21 years old in any location where 18 is not the age of majority) and you are interested in and wish to have access to visual images of erotic nature. The materials that are available within this site may include visual depictions of nudity and should not be accessed by anyone who is younger than 18 years old (or 21 years old where 18 is not the age of majority) or who is offended by such materials or who does not wish to be exposed to such materials. Commercially available parental control protections (such as computer hardware, software, or filtering services) may assist you in limiting access to material that is harmful to minors.
By using and/or viewing this site you represent and warrant under penalty of perjury the following:
A) That you are an adult, at least 18 years of age (or 21 years where 18 is not the age of majority).
B) That you will not permit any person(s) under 18 years of age (or 21 years where 18 is not the age of majority) to have access to any of the materials contained within this Site.
C) That you understand that when you gain access to this site, you will be exposed to visual images of an erotic nature. You are voluntarily choosing to do so, because you want to view the materials for your own personal enjoyment, information and/or education. Your choice is a manifestation of your interest in sexual matters which, you believe, is both healthy and normal and which, in your experience, is generally shared by average adults in your community. You further represent and warrant that you are familiar with the standards in your community regarding the acceptance of such sexually-oriented materials and the materials you expect to encounter are within those standards. In your judgment, the average adult in your community accepts the consumption of such materials by willing adults in circumstances such as this which offer reasonable insulation from the materials for minors and unwilling adults, and will not find such materials to appeal to a prurient interest or to be patently offensive.
D) That you further represent and warrant that you have not notified any governmental agency, including the U.S. postal service, that you do not wish to receive sexually oriented material.
E) That you represent and warrant that you have not and will not use and/or view the Site(s) in a restricted location - namely a place, country, or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.
Parental Controls
SamanthaKelly.com is fully RTA compliant as rated by the Association of Sites Advocating Child Protection (ASACP), and is strictly reserved for those of legal age only.
Access to our platform is strictly limited to those who affirm that :
They are at least eighteen (18) years of age (or older in any other location in which 18 is not the minimum age of majority) from which our platform is accessed.
Are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in our Terms of Service, and to abide by and comply with said Terms of Service.
The jurisdiction from which they access our platform does not prohibit the receiving or viewing of sexually explicit content.
In order to help enforce our terms and assist in restricting access to minors, we have ensured that SamanthaKelly.com is, and remains, fully RTA [Restricted to Adults] compliant, and allows every page to be blocked by simple parental control tools.
There are many tools available for parents to make the internet safer for their children. ISPs, device manufacturers, and operating system developers have ensured an easy route to setting up parental controls. They all use simple step-by-step instructions which you only need to follow once, giving you control over your children’s browsing habits beyond simple supervision.
SamanthaKelly.com’s Restricted to Adults tags ensure that all such controls can automatically block our site when enabled by parents.
Content Subject to Removal
From time to time, we may remove content at our absolute and sole discretion without notice to the customer. In the event that any content removed has been unlocked by the customer, we will make a diligent effort to credit/refund the customer's account with free replacement credits. In the event we do not automatically issue credit for replacement, the customer should notify us so we can provide the customer with a credit.
Copyrighted Material
You may not distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including "fair use". Without limiting the foregoing, if you believe that your work has been copied and posted on the SamanthaKelly.com site in a way that constitutes copyright infringement, please provide us with the following information consistent with the Digital Millennium Copyright Act (DMCA): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the our site including the URLs of web pages and/or hyperlinks; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Disclaimer
SamanthaKelly.com including its officers, directors, agents, subsidiaries and employees is not responsible for any incorrect or inaccurate content posted on the site or in connection with the SamanthaKelly.com service, whether caused by users, members or by any of the equipment or programming associated with or utilized in the service, nor for the conduct of any user and/or member of the SamanthaKelly.com service whether online or offline. SamanthaKelly.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or member communications. SamanthaKelly.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the SamanthaKelly.com site and/or in connection with the SamanthaKelly.com service. Under no circumstances SamanthaKelly.com be responsible for any loss or damage resulting from anyone's use of the site or the service and/or any content posted on the SamanthaKelly.com site or transmitted to SamanthaKelly.com Members. The site and the service are provided "AS-IS" and SamanthaKelly.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. SamanthaKelly.com cannot guarantee and does not promise any specific results from use of the site and/or the SamanthaKelly.com service.
Limitation on Liability
Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will SamanthaKelly.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the site or the SamanthaKelly.com service, even SamanthaKelly.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, SamanthaKelly.com liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to SamanthaKelly.com for the service during the term of membership.