TERMS OF SERVICE

By registering as a member ("Member") of www.perfectphallus.com ("Website"), you agree to be bound by these terms of service (the "Terms of Service"). The services offered by this Website (the "Services") are only available to registered Members.

If you wish to make use of the Services, please read these Terms of Service and follow the instructions in the Member registration process. By registering as a Member, you agree and acknowledge that you have read, understood, and agree to be bound these Terms of Service. These Terms of Service set out the legally binding terms of your membership of the Website and may be modified by us from time to time. Any modifications shall become effective immediately upon being posted on the Website.

Our Privacy Policy and our Community Guidelines are incorporated in their entirety into, and form part of, these Terms of Service.

Eligibility

This Website and the Services are intended solely for individuals that are eighteen (18) years of age or older. By registering as a Member, you are certifying that you are at least eighteen (18) years old. By using the Services, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms of Service. If you do not agree to these Terms of Service, you must not register as a Member or use the Services.

Your Username & Password

When you register as a Member, you will be asked to choose a username and a password which will be used to access the Website. You are entirely responsible for maintaining the confidentiality of your username and password. You agree not to use the Member Profile, username, or password of another Member at any time. You agree to notify us immediately if you suspect any unauthorized use of your username, password, or Member Profile. You are solely responsible for any and all use of your Member Profile.

Term

These Terms of Service will remain in full force and effect while you use the Services and/or remain a Member. You may terminate your membership at any time, for any reason, by deleting your account in the "Settings" page. If you delete your account you will not be entitled to a refund of any unused subscription fees, if any.

We may terminate your membership to the Website for any reason with or without notice. If we terminate your membership because you have breached these Terms of Service, or because your Member Profile fails to comply with the standards specified in these Terms of Service or your behaviour in using the Services fails to comply with the Community Guidelines, then you will not be entitled to a refund of any unused subscription fees, if any.

Even after your membership is terminated, and not withstanding any provision to the contrary contain herein, the following sections of these Terms and Conditions will remain in effect: Proprietary Rights in the Website and the Services, Content Posted on the Website, Copyright Policy, Third Party Content, Release, Disclaimer, Limitation of Liability, Governing Law, Electronic Communications, Indemnity, Miscellaneous, and Copyright & Trademark Information.

Non-Commercial Use

The Services are for the personal use of individual Members only, and may not be used in connection with any commercial endeavours whatsoever, as determined in our sole and absolute discretion. This includes providing links to other websites, whether deemed competitive to this Website or otherwise. Members who post links to other websites will have such links deleted without notice and will receive a warning. Members who continue to post links to other websites after being warned not to do so will have their membership terminated without notice and will not be entitled to a refund of any unused subscription fees, if any.

Organizations, companies, and/or businesses may not become Members of this Website and should not use the Services for any purpose. Illegal, improper, inappropriate, or unauthorized use of the Services, as determined by us in our sole and absolute discretion, will be investigated, and appropriate action will be taken, including, without limitation, membership termination without notice or warning with no entitlement to a refund of any unused subscription fees, if any. Legal proceedings may also be instituted in appropriate circumstances.

Proprietary Rights In the Website and the Services

The owners of the Website ("Owners") retain all proprietary rights in the Website and the Services. The Services contain the copyrighted material, Marks (as defined below), and other proprietary information of the Owners ("Intellectual Property"). You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such Intellectual Property without our prior written consent and the provision of such Intellectual Property to you through the Services does not transfer to you or any rights, title or interest in or to such Intellectual Property, including, without limitation, any intellectual property rights in any Content (defined below) and material included therein.

Content Posted on the Website

You understand and agree that we may review any content, communication, information, material, messages, photos, videos, URLs, usernames, profiles and the like (collectively, "Content") that is uploaded, published or displayed (hereinafter, "posted") on the Website and delete or refuse to take online any such Content, including, without limitation, any Content that, in the sole judgment of Perfect Entertainment Limited or Mrs. Candy, violates these Terms of Service or which is considered, in our sole and absolute discretion, rude, hateful, offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of other Members or third parties. Foul language will also not be tolerated and any Content containing foul language may be deleted at our sole and absolute discretion without warning.

You are solely responsible for the Content that you post on the Website, or transmit to other Members or third parties. By posting Content to any area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to the Owners an irrevocable, perpetual, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform (including by means of a digital audio transmission), and otherwise use Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. In addition, you represent and warrant that you have the right to post the Content and you will not post any illegal or Prohibited Content (as defined below) and will not infringe, misappropriate, violate or contravene any third party rights (including, without limitation, any third-party intellectual property rights).

In addition, you represent and warrant that you understand that by posting your photographs on the internet, including on this Website, there exists a possiblity that other members may, without your permission, save or copy your photographs (by taking screen captures or by other methods) and that such other members may transmit or disseminate your photographs or publish them outside of this Website.  We cannot and do not take responsibility for the actions of other members in this regard.  You hereby take full responsibility for the consequences of posting your photographs on this Website and understand that by doing so there is the possibility that other members may save them for the purposes of public dissemination or otherwise.  

The following is a partial list of the kind of Content that is illegal or prohibited on the Website ("Prohibited Content"). The Owners reserve the right to investigate and to take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending Content from the Website and terminating the membership of such violators without warning and without refund of unused subscription fees, if any.

Prohibited Content includes, without limitation, Content that: (a) is determined by us in our sole and absolute discretion as being offensive to other Members, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) is determined by us in our sole discretion and absolute discretion as being rude, offensive, inappropriate, or which otherwise harasses or advocates harassment of another person or which contravenes our Community Guidelines; (c) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"(d) promotes information that is false, misleading, or that promotes illegal activities or conduct that is illegal, abusive, threatening, obscene, defamatory or libellous; (e) promotes an illegal and/or unauthorized ("pirated") copy of another person's copyrighted work (whether marked as such, or not), such as, but not limited to, providing pirated computer programs or links to them, providing information to circumvent copy-protection mechanisms, or providing pirated music, video or other pirated Content, or links to such pirated music, video files, or files that contain such other pirated Content; (f) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); (g) displays sexually explicit material involving necrophilia, bestiality, or violence that is life threatening or likely to result in serious injury; (h) provides material showing people under the age of 18 or that exploits people under the age of 18 in a sexual, violent, or inappropriate manner, or solicits personal information from anyone under 18; (i) provides instructional information about illegal activities such as, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (j) solicits passwords or personal identifying information of any kind for commercial or unlawful purposes from other users; and engages in commercial activities and/or commercial sales without our prior written consent, including, without limitation, contests, sweepstakes, barter, advertising, and pyramid schemes; (k) constitutes, promotes, or is used primarily for the purpose of dealing in counterfeit goods, illegal drugs and paraphernalia, stolen products and items used for theft, unlicensed trade or dealing in stocks or securities, gambling items, professional services regulated by state licensing regimes or non-transferable items; (l) contains email addressed or links to other websites, or (m) otherwise violates the terms of these Terms of Service or creates or may create, as determined in our sole and absolute discretion, liability for the Owners or any of their shareholders, beneficial owners, directors, officers, employees, agents, or representatives.

You must use the Services in a manner consistent with any and all applicable laws and regulations.

Although we cannot monitor the conduct of our Members off the Services, it is also a violation of these Terms of Service to use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.

YOUR MEMBER PROFILE

Any Content used for or photographs posted by you in your Member Profile may not contain and Prohibited Content or content that breaches our Community Guidelines. You may not post a photograph of another person in your Member Profile without that person's permission.

Any Member who posts photographs of another person and passes such photographs off as his or her own will automatically have his or her membership terminated without warning and with no entitlement to a refund of unused subscription fees, if any. This includes posting photographs of cartoons, caricatures, photographs of movie and television personalities, models, or otherwise.

The creation of fake or misleading Member Profiles is considered highly objectionable. Mrs. Candy's Perfect Phallus™ is a website for real people. Although we understand that some unscrupulous people may try to create fake profiles, we will do our very best to weed out these people from our Phallic Community. Members are encouraged to report any Content that they reasonably believe as being fake. Members may also report fake Member Profiles by clicking on the "Contact Mrs. Candy" button at the bottom of each page of the Website.

You may not include in your Member Profile any telephone numbers, street addresses, last names, URLs, email addresses, Skype IDs, or contact details of any nature. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Website. You may not transmit any chain letters or junk email to other Members or other third parties.

Your profile will be reviewed by Mrs. Candy to ensure that it meets our quality standards. Photographs must be of good quality – meaning large and crisp. Poor quality photographs will be removed from the Website without notice.

All members must upload AT LEAST two photos.  In addition, male members must upload AT LEAST at least one photograph of their Phallus. However, your main profile photograph does not need to be a photograph of your Phallus. Many members choose to post photographs of their body and/or face as their main profile photograph. Doing so will often gain the attention of other Members. Notwithstanding this, however, your Member Profile may be subject to deletion without notice unless you're My Phallus album contains at least one image of your erect Phallus. Male Members are encouraged to upload numerous photographs of their Phallus.  Photos must not display links to other websites, email addresses, or any other text, and must not be manipulated in any way - including blocking out or blurring parts of the photo.

For more information about your photo albums and the photos that should be uploaded to each photo album, please consult the FAQ section of the Website, incorporated by referenced into these Terms of Service.

Female Members may post photographs of their face, breasts, or any other part of their anatomy other than their vagina as their profile photograph.Failure to comply with this requirement may result in termination of your Member Profile without notice and without entitlement to a refund of any unused subscription fees, if any.

Mrs. Candy's Perfect Phallus™ is a community of REAL people. A Member may be asked by Mrs. Candy at any time to verify his to prove that such photographs are genuine. Failure to comply with a verification request by Mrs. Candy will result in termination of membership without entitlement to a refund of any unused subscription fees, if any.

Copyright Policy

You may not post, 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.  

Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide Mrs. Candy with the following information: 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 Website; 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. For this purpose, Mrs. Candy may be reached at mrscandy@perfectphallus.com.

Member Disputes

Your interactions with other Members are solely between you and such other Members. You agree that we will not be responsible for any loss or damage incurred as a result of any such dealings or with respect to any other Member's use or disclosure of your personally identifiable information. If there is a dispute between you and another Member, we are under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Members.

Mrs. Candy will not tolerate rudeness under any circumstances. Members who are rude to other Members will generally be warned about their behaviour. Repeat episodes of rude behaviour may be met with termination of your membership further notice and without entitlement to a refund of any unused subscription fees, if any.

Third Party Content

Content from other Members, advertisers, and other third parties may be made available to you through the Services. Because we do not control such Content, (a) you agree that we are not responsible for any such Content and (b) we make no guarantees about the accuracy, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Members, advertisers, and other third parties.

Release

To the extent permitted under applicable laws, you hereby release the Owners, their shareholders, beneficial owners, directors, officers, employees, agents, and representatives from any liability related to: (a) any incorrect or inaccurate Content posted on the Services, whether caused by any Member, or by any of the equipment or programming associated with or utilized in the Services; (b) the conduct, whether online or offline, of any Member; (c) any problems or technical malfunctions of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or Content players on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including injury or damage to user's and/or Member's or to any other person's computer related to or resulting from use of the Website or the Services; (d) any loss or damage caused by Content posted on the Website or transmitted by and to Members, including the posting of photographs protected by copyright, or any interactions between Members, whether online or offline; and (e) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Website the Services, or Member communications.

Disclaimer

To the extent permitted under applicable laws, the Services are provided "as-is" and "as available" and the Owners expressly disclaim any warranty and conditions of any kind, whether express or implied, including, but not limited to, the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement and the Owners do not guarantee (a) any specific results from the use of the Services; (b) that the Services will meet your requirements or expectations; (c) that the Services will be available on an uninterrupted, timely, secure, or error-free basis; or (d) that the results obtained from the use of the Services will be accurate or reliable. The Owners do not assume any obligation to monitor activities on the Website or your use of the Services, although they may choose to do so in their sole and absolute discretion.

Limitation of Liability

To the extent permitted under applicable law, the Owners shall not be liable to you, or any third party, for any indirect, consequential, exemplary, incidental, special or punitive damages (including lost profits), or any damages of a similar nature, arising from or incidental to your use of the Website or the Services, even if the Owners have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the Owners' liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the greater of (1) any amount paid by you to the Owners for the Services; and (2) Fifty Euro (EUR 50).

Governing Law

These Terms of Service shall be governed by the laws of England without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the jurisdiction of the Courts of England in connection with any legal action or proceeding arising out of or in connection with your use of the Website or the Services. Notwithstanding the foregoing, the Owners may seek injunctive or other equitable relief to protect their Intellectual Property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from the laws of England. You shall always comply with all of the international and domestic laws, ordinances, regulations and statutes that are applicable to you and your use of the Website and the Services.

Electronic Communications

The communications between you and the Owners or their representatives use electronic means, whether you visit the Website or send us emails, or whether the Owners or any of their representatives posts notices on the Services or communicates with you via email. For contractual purposes, you consent to receive communications from the Owners or their representatives in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Owners or their representatives provide to you electronically satisfy any legal requirement that such communications be in writing.

Indemnity

You agree to indemnify and hold the Owners, their shareholders, beneficial owners, directors, officers, representatives, subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including attorney's fees, made by any third party due to or arising out of your use of the Services or the Website.

Miscellaneous

These Terms of Service contains the entire agreement between you and the Owners regarding the use of the Website and the Services. If any provision of these Terms of Service is held invalid, the remainder of these Terms of Service shall continue in full force and effect. Notwithstanding any other provisions herein, no party will be deemed as a third-party beneficiary to these Terms of Service and a third party (including another Member) who is not a party to these Terms of Service has no right to enforce any term of these Terms of Service.

If any provision of these Terms of Service is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of the Owners or their representatives to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. The section headings in these Terms of Service are for convenience only and have no legal or contractual effect.

Copyright & Trademark Information

Copyright © 2006 - 2011, www.perfectphallus.com.  All rights reserved. The trademarks, logos and service marks ("Marks") displayed on the Website and in the Services, including the trademarks "Perfect Phallus", "Mrs. Candy", and "Mrs. Candy's Perfect Phallus", together with any of the Phallic Vocabulary used on the Website belong to the Owners. You are not permitted to use these Marks without the prior written consent of the Owners.

Updated: 20 November 2011