Users shall indemnify and hold Company harmless from and against any and all claims arising from or related to your use of the Platform or the user breach of the terms of this Agreement.
Under no circumstances shall Company be liable for any indirect, consequential or punitive damages. The liability of Company hereunder shall not exceed the amount of Fees actually paid by the user during the 30 days prior to the event giving rise to liability.
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason the remaining provisions shall continue to be valid and enforceable. If a court finds that any part of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
Notices by the Company or Platform to Users may be given by means of electronic messages, by a general posting on Platform, by conventional mail or by telephone. All questions or complaints regarding Platform must be directed to the Company's customer service department.
This Agreement shall be governed pursuant to the laws of Portugal. Any and all disputes arising under this Agreement shall be resolved exclusively before courts of competent jurisdiction in Portugal.
Company reserves the right to assign any or all of its rights or obligations under this Agreement to a third party without prior notice or consent from User.
“Company” shall mean Smutty Network and entitle holders of the company.
“Platform” shall mean SmuttyFlix, property of Smutty Network, the website the user accesses, views and / or subscribes.
“User” shall mean any visitor that enters the site, registering or not, subscribing or not. Here after addressed by “you”, “your”, “user” or “subscriber”
“Adult” shall mean, in the user context, any user 18 years old or over (higher ages may apply depending on the legal adulthood age of user’s county’s law) and, in the content context, material produced for mature audiences.
“Territory” shall mean that each Membership is for use within a limited territory which excludes all jurisdictions where the Content is illegal.
“Fee” shall mean any percentage mention applied to the context
“Membership” shall be the accesses granted to the user by paying the subscription for limited period of time
“Chargeback” shall mean the demand the user does, at their credit card company or back, demanding the refund of the subscription paid.
“Partner” shall mean any entity that, by publishing content on the platform, grants all due rights of usage of said content.
“Sign-in” shall mean a combination of user and password credentials, and it is confidential, limited to one device at any given time, personal and non-transferrable. It’s usage is of full responsibility of the user.
For all subjects regarding the platform, there is 2 means of contact:
Email : [email protected]
Form: fill in this form
The platform provides access to content designed and produced to be used by adults.
User fully and explicitly agrees to view such content upon accessing the platform within the legality of his / her territory.
The breach of any of these agreements will result in the deactivation of Sign-in access to the platform, disabling of Membership without the right to a refund and permanent ban from the platform.
Users are liable for Fees for Membership together with all applicable taxes.
Users may cancel, upgrade and downgrade their Membership in accordance with section 4.
Users must cancel their Membership 48 hours prior to the rebill date if they do not wish their Membership to renew with associated Fees.
Up until the date a Membership is canceled, the User authorizes the Company to continue charging the User’s Payment Method to pay:
Subject to change, regular subscription plans are:
Subscriptions can be paid in other currencies after applying the commonly used exchange rate of payment moment.
And payment methods are:
The subscription grants users access to
The platform is entitled, if the user’s payment method chosen is delayed or declined on purchase or renewal, to attempt to process the transaction again under the same conditions as the transaction was initiated by the User, within eight (8) days of the User's first attempt to purchase their Membership
Cancelation is possible and accepted and will carry out the Membership plan until its end date. No refund possible or available.
Downgrade is possible at any time with the membership carrying out the current plan until the renewal date and the renewal will be done on the user’s membership of downgrade choice.
Upgrade is possible at any time and will be executed upon users demand and payment fulfilment.
The platform offers, on behalf of Content Partners, the possibility to acquire lifetime access to specific productions not covered, during the offer period, by the subscription.
Fees are non-refundable once the Sign-in details have been used on the Platform. Non-use of a Membership or inability of User to access the Platform through no fault of Company shall not be grounds for a refund of Fees. Company does not provide refunds or credits for any partial-month Membership periods
Premium Access purchase are non-refundable in under any circumstances. For the sole purpose of buying Premium Access for a specific content, the user must be signed in and fill in the payment credentials. Therefore, user is present on the Platform and was made aware of such purchase.
All chargebacks, in case they occur, will be thoroughly investigated and treated with upmost care. As a result, user shall remain responsible of consequences caused by such breach of contract.
Membership includes a single, limited, personal, non-transferrable, non-exclusive license to use the Platform for the sole purpose of accessing the Content in the manner provided.
You shall not resell, distribute or engage in any commercialization of the Platform or its Content.
You shall not modify or copy any of the Content, use it for any public display, performance, sale or rental, remove, modify or alter any copyright or other proprietary notice or trademarks of the Content or transfer any Content to any third party.
Access to and use of the Platform is through Sign-in.
The Platform will not release Sign-in information for any reason to anyone other than the User except as may be specifically required by law or court order. Unauthorized access to the Platform is a breach of this Agreement.
Users are responsible for Sign-in credentials and purchases made or other acts or omissions carried out with them.
All rights are reserved by the Company. All intellectual property and other rights in and to the Content and the Services found on Platform shall at all times remain the property of the Company, its affiliates, licensors and other suppliers. Nothing in this Agreement shall have the effect of transferring any intellectual property rights to You other than Your limited rights under the License.
Company reserves the right to modify any or all of the Content or Platform without users’ prior notice or consent.
The Company reserves the right to terminate this License at any time if the User breaches the terms of this Agreement.
Memberships and subscriptions shall begin with a payment and Sign-in credentials will provide the correct levels of access to the platform. The lack of payment, on subscription or renewal, will disable said access levels.
User are obliged to communicate to the Platform and Company any breach of security regarding the usage or loss of Sign-in credentials.
Users may terminate the Membership at any given time, in accordance with section 4 and without the need to express any kind of reason for such act.
For all Users, but specially for residing in the European Union and pursuant to the General Data Protection Regulation (GDPR), in the event a User has exercised their right to delete their information, the Company will be unable to assist the User regarding notice of unauthorized use of the Services.
Company can terminate this Agreement at any time and for any reason or for no reason on notice to the user through the Platform; however, the user shall be entitled to continue use of the Platform for the Membership Term for which subscription have already been paid.
Transactional emails, ie.: subscriptions, Memberships, renewals, up and downgrades, cancelations, are not subject to opt-out. Therefore, user must provide suitable contact information to grant correct delivery of information.
Users can reactivate expired Memberships, without any further cost of that of the subscription, using the previously owned sign-in credentials. Users that have exercise their right to be forgotten (under GDPR or other) will have to create new Sign-in credentials.
The Platform and its Content are provided "as is" without any express or implied warranty of any kind including warranties of merchantability or fitness for a particular purpose. The Company offers no assurance of uninterrupted or error free Services. The Company does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained on Platform. Any of the information offered on Platform may change at any time without notice. Platform makes no representation as to any of the Content. In no event shall the Company be liable for any damages whatsoever arising out of the use or inability to use the Platform or information available on Platform, even if the Company has been advised of such damages. These terms do not limit the non-waivable warranties or consumer protection rights you may be entitled to under the laws of your country of residence.
Users are responsible for providing all personal computer and communications equipment necessary to gain access to Platform. Users are also responsible for providing adequate contact details when subscribing to Platform.
If Platform enables Users to share information with third parties, User shall not submit, publish or display any defamatory, inaccurate, abusive, threatening, racially offensive or illegal material. Transmission of material violating any federal, state or local law is prohibited and is a breach of this Agreement. The Company shall not be liable for any information posted by Users on Platform. Company has no obligation, but reserves the right, to edit material posted by User on the Platform. User grants Company an unlimited worldwide, royalty-free, license to collect, store and disclose any and all material posted by the User in the Platform. Title in suggestions or other material posted by a User through the Platform shall be assigned to Company as of the posting thereof.
Users agree not to engage in advertising to or solicitation of other Users to buy or sell any products or services through Platform. Users are responsible for the information they send or display through Platform even if a claim should arise after termination of the Membership. All messages shall be deemed to be readily accessible to the general public. Do not use Platform for any communication for which you intend only you and the intended recipients to read as notice is hereby given all messages entered onto Platform can and may be read by the operators of Platform, whether or not they are the intended recipients.
The following Sections hereof shall survive termination of this Agreement:
Last updated on AUGUST 17, 2020.
THIS PLATFORM AND OUR MEMBERSHIP SERVICES ARE INTENDED FOR ADULTS ONLY AND ARE NOT INTENDED FOR PERSONS UNDER THE AGE OF 18 YEARS OLD (OR THE APPLICABLE AGE OF MAJORITY IN THE JURISDICTION WHERE OUR MEMBERSHIP SERVICES OR THIS PLATFORM IS ACCESSED).
We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household ('Personal Information'). We receive and store information about you such as: Information you provide to us: We collect Personal Information that you choose to provide voluntarily when using the Platforms. This information is summarized below.
Information we collect automatically: As is true with most Platforms, we collect certain information automatically. This information includes:
We use information collected on the Platforms to provide, analyze, administer, enhance and personalize your shopping experience in the following ways:
We do not sell or rent your Personal Information to others. We share your personal information only as described below.
We have implemented comprehensive data privacy and security measures designed to safeguard and protect your personal information against loss, theft and unauthorized access, use and modification. For example, all data transmitted to or from any of our Platforms is encrypted at rest and in transit using strong encryption protocols and technologies such as Transport Layer Security ('TLS'). These measures are designed to provide a level of security appropriate to the risks of process your Personal Information. No measures can be guaranteed to provide 100% security and we cannot, therefore, guarantee the security of your Personal Information.
The Platforms contain sexually-oriented adult material and are not intended for individuals under 18 years of age. SmuttyFlix does not knowingly collect Personal Information from individuals under 18 years of age who visit the Platforms. If a person under 18 years of age has provided SmuttyFlix with Personal Information, we ask that a parent or guardian immediately contact our Data Protection Officer by email at [email protected]
We use third-party advertising linking to both Platforms and apps on the Smutty Network Platforms, as well as our affiliate partners. However, we do not share or provide any personal information that we collect about you with third-parties that are not included within the Smutty Network family of companies.
If you opt-in to receive periodic news and updates from us, we may periodically send you email messages describing new items, sales, specials and other offers that we think will be of interest to you. You can also opt-out of receiving these messages by clicking the "Unsubscribe" link in the email message itself.
If you do not opt-in to receive periodic news and updates from us, the only email messages you will receive from SmuttyFlix are emails to confirm any purchases you make on our site, let you know your order has been shipped, respond to your Help Desk inquiries and to respond to inquiries you may ask about our site.
Creating an account lets us provide a better shopping experience for you and allows you to make purchases more conveniently without having to re-enter your payment and shipping information each time you make a purchase on our site. Although you must create an account in order to purchase products, it is not necessary to open an account to visit our site.
SmuttyFlix is fully GDPR compliant. On that note, you can delete your account and all data associated to it. That deletion is not undoable or recoverable.
The General Data Protection Regulation 2016/679 (GDPR) grants certain rights to individuals in the EU related to our processing of their personal data.
The lawful basis for our processing of Information You Provide to Us is to perform or take steps to perform a contract with you (e.g., complete a sale) and the personal data you provide is necessary to consummate the sale. As to marketing communications, the lawful basis for us to transmit those communications to you is your consent to receive those communications, which you can withdraw at any time.
The lawful basis for the processing of Information We Collect Automatically is our legitimate interest in delivering the Platforms to you and monitoring and improving our Platforms and service offerings.
We maintain your Personal Information so long as you keep an account with us. You have the right to request access to and rectification of, and you can do it in your account area.
To have your Personal Information deleted, please log into Your Account and follow the procedures for deleting your Personal Information in the Privacy section at the bottom of the page. Once you request to have your personal information be deleted, it will be permanently removed from SmuttyFlix, along with your complete purchase history and library within thirty (30) days of your deletion, unless we are required by law to maintain the Personal Information. Further, if you have consented to receive marketing communications from us, you may withdraw your consent at any time.
If you have a complaint about our handling of your personal data, you may lodge a complaint with the appropriate supervisory authority.
Under the California Consumer Privacy Act (CCPA), if you are a resident of the State of California and we are processing your personal information, you have the following rights:
If you are a resident of the State of California and you wish to exercise any of your rights, please submit your request (providing your full account information, identification, and the specific right that you wish exercise) in an email to [email protected]
We shall comply with your request in less than forty-five (45) days, where your request does not prove impossible or involve disproportionate effort for us to comply. California law permits you to exercise and obtain information from us once a year and free of charge.
If you have any questions about your account or how to contact customer service for assistance, please contact us using the form on the Platform or by email to [email protected]
Compliant Content: All models, actors, actresses and other persons that appear in any visual portrayal of actual or simulated sexually explicit conduct appearing on, or otherwise contained in, this Website were over the age of eighteen (18) years at the time the visual image was produced. Records required for all depictions of actual or simulated sexually explicit conduct by Title 18 U.S.C. §2257 and 28 C.F.R. §75, et seq., are on file with the appropriate Records Custodian and will be produced at the address listed below.
Exempt Content: All other visual depictions displayed on this Website are exempt from the provision of 18 U.S.C. §§2257, 2257A and/or 28 C.F.R. §75, because: 1) they do not portray conduct as specifically listed in 18 U.S.C §2256 (2)(A) (i) through (iv); 2) they do not portray conduct as specifically listed in 18 U.S.C. §2257A produced after March 19, 2009; 3) they do not portray conduct listed in 18 U.S.C. §2256(2)(A)(v) produced after March 19, 2009; 4) the visual depictions were created prior to July 3, 1995; or, 5) this Company does not act as a "producer" with respect to the dissemination of such exempt images as that term is defined in 28 C.F.R. §75.1(c).
Company Name – Company address | Original records are kept here: Company Name – Records location address
Monthly Fee: €7.28 + VAT (=€8.95)
Revshare = 40% * €7.28 * 25.000 subscribers = €72.800.00
36 400,00 €
21 840,00 €
14 560,00 €
72 800,00 €