Terms of Service

Last Updated: May 26, 2022

This terms-of-service agreement is entered into between you and Kick Ass Pictures Corp., a Florida corporation ("Kick Ass Pictures," "we," or "us"). The following agreement and any documents it references (collectively, "agreement") governs your access to and use of the Website, whether as a visitor or a User.

1. Definitions

1.1 "Bookmarking" means the act of placing a web page (URL) into a temporary file on the User's browser so that the User may return to the page at a future date directly, without passing through any preceding pages.

1.2 "Chargebacks" means a request you file directly with your card company or bank to invalidate Fees.

1.3 "Fees" means amounts paid or payable to Kick Ass Pictures in exchange for a Membership under this agreement using a Payment Method. Fees are posted on the Website.

1.4 "Login" means the combination of the unique username and password sold or provided by Kick Ass Pictures to the User and used to access the Website.

1.5 "Membership" means the access granted to a User to the Website using a Login for a limited period to use the Services.

1.6 "Payment Method" means the payment method you use to purchase your Membership, including credit card.

1.7 "Services" means the limited, non-transferrable license to stream or download images and video or other content from the Website and navigate different areas of the Website.

1.8 "User" means an individual who is at least 18-years old and the age of majority in the jurisdiction where they live who has a Membership or rightfully accesses the Website.

1.9 "Website" means the website to which you are purchasing a Membership or accessing the Services.

2. Acceptance of Agreement

2.1 This document contains very important information regarding your rights and obligations, and conditions, limitations, and exclusions that might apply to you. Please read it carefully.

2.2 This agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

2.3 By using the Website or by clicking to agree to the agreement when that option is made available to you, you agree to be bound and abide by this agreement. If you do not want to agree to this agreement, you must not access or use the Website.

2.4 This Website is offered and available to persons who are 18-years old or older, who have reached the age of majority where they live, and who are not prohibited by law from accessing or viewing sexually explicit content. By using this Website, you state that you are of legal age to form a binding contract with Kick Ass Pictures and meet all the preceding eligibility requirements. If you do not meet all these requirements, you must not access or use the Website.

2.5 Bookmarking to a page on the Website by which the warning page or this agreement is bypassed will constitute implied acceptance of this agreement and an explicit confirmation that the User is at least 18-years old and the age of majority in their jurisdiction and the content is not illegal in the Territory.

3. Changes to Agreement

Kick Ass Pictures may revise and update this agreement from time to time. All changes take effect immediately when posted and apply to all access to and use of the Website afterwards. However, any changes to the dispute resolution provisions set out in Section 23 (Governing Law and Jurisdiction) and Section 24 (Arbitration) will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website after the posting of the revised agreement means that you agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

4. Adult-Oriented Content

4.1 Agreement to View Adult Material: The Website is designed and intended solely for adults who are interested in and wish to have access to sexually explicit content. If you do not meet these requirements, you must leave now.

4.2 Section 230(d) Notice: Under 47 U.S.C. § 230(d), you are notified that parental control protections are available to help limit access to material that may be harmful to minors. Some examples include:

4.3 Child Sexual Abuse Material (CSAM) Prohibited: We prohibit any content involving minors. If you encounter such material, report it immediately at [email protected]. We will take appropriate legal action and cooperate with law enforcement.

4.4 Prostitution and Sex Trafficking Prohibited: The Website must not be used to promote or facilitate prostitution or sex trafficking. Any violations will be reported to law enforcement.

5. Territory

5.1 Territory: Each Membership is for use within a limited territory where the content is legal. Kick Ass Pictures makes no representation that the Website or its content is accessible or appropriate in all jurisdictions. If you access the Website, you do so at your own risk and are responsible for compliance with all applicable laws.

5.2 Location Breach: If we detect that a Membership is purchased or used outside the permitted territory, we may disable the Membership, rendering the Login inactive, and terminate this agreement for breach without any refund.

6. Accessing the Website

We may withdraw or amend the Website and its services at any time without notice. We will not be liable if the Website is unavailable for any reason.

7. Your Account

7.1 Account Creation: To access certain features, you must provide accurate registration details. Your username must not be offensive or infringe on trademarks.

7.2 Responsibility for Login: You must keep your Login secure. Unauthorized use should be reported immediately.

7.3 Liability for Login Misuse: We are not responsible for losses incurred due to unauthorized access.

7.4 Communication Preferences: By creating an account, you consent to receive electronic communications, including notices, confirmations, and promotional offers. If you wish to opt-out, please refer to our Privacy Policy.

8. Intellectual Property Rights

8.1 Ownership. The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, image, video, and audio, and the design, selection, and arrangement of it) are owned by Kick Ass Pictures, its licensors, or other providers of those materials and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

8.2 License Grant. We hereby grant you a single, limited, personal, nontransferable, nonsublicensable, nonexclusive license (i.e., a personal and limited right) to access and use the Website for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the materials on our Website, except as follows:

(a) Your computer may temporarily store copies of those materials in RAM incidental to your accessing and viewing those materials.

(b) You may store files that are automatically cached by your Web browser for display enhancement purposes.

(c) You may print or download one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication, or distribution.

(d) You may view any materials to which you have properly gained access for your personal, noncommercial use and not for further reproduction, publication, or distribution.

8.3 License Restrictions. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of this agreement, your right to use the Website will terminate immediately, and you must, at our option, return or destroy any copies of the materials you have made.

8.4 Trademarks: Kick Ass Pictures' name and logo; the terms KICK ASS, KICK ASS FLIX, CUM EATING CUCKOLDS, and FOOT FETISH DAILY; and all related names, logos, product and service names, domain names, designs, and slogans are trademarks of Kick Ass Pictures or its affiliates or licensors. You must not use those marks without Kick Ass Pictures' prior written permission.

9. Prohibited Uses

9.1 You must use the Website only for lawful purposes and in accordance with this agreement. You must not use the Website:

In any way that violates any federal, state, local, or international law or regulation.
To exploit, harm, or to try to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in this agreement.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or try to impersonate Kick Ass Pictures, a Kick Ass Pictures employee, another User, or any other person or entity.
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as we determine, might harm Kick Ass Pictures or the Users or expose either to liability.

9.2 Additionally, you must not:

Use the Website in any way that could disable, overburden, damage, or impair the Website or interfere with any other person's use of the Website.
Conduct, facilitate, authorize, or permit any text or data mining or web scraping regarding the Website or any services provided through, or concerning, the Website.
Use any manual process to monitor or copy any of the materials or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

10. User Contributions

10.1 The Website may contain forums and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (collectively, "post") content or materials other than photographs or videos (collectively, "User Contributions") on or through the Website. The Website prohibits you from posting photographs and videos.

10.2 All User Contributions must comply with the Content Standards set out in this agreement.

10.3 We will consider any User Contribution you post to the Website nonconfidential and nonproprietary. By providing any User Contribution on the Website, you hereby grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to nonparties any such material for any purpose.

10.4 You understand that you are responsible for any User Contributions you submit or contribute, and you, not Kick Ass Pictures, have full responsibility for that content, including its legality, reliability, accuracy, and appropriateness.

11. Monitoring and Enforcement; Termination

11.1 We may:

Remove or refuse to post any User Contributions for any or no reason.
Take any action as to any User Contribution that we consider necessary or appropriate, including if we believe that the User Contribution violates this agreement, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for Kick Ass Pictures.
Disclose your identity or other information about you to any person who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of this agreement.

11.2 We may cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

12. Content Standards

These content standards apply to all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all federal, state, local, and international laws and regulations. User Contributions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material (except for material on the Website), violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under laws or regulations or that otherwise might be in conflict with this agreement and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act, including, but not limited to, promoting or facilitating prostitution or sex trafficking.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, including contests, sweepstakes, and other sales promotions, barter, or advertising.

13. Reliance on Information Posted

13.1 The information presented on or through the Website is made available solely for general information purposes. We are not making any warranty about the accuracy, completeness, or usefulness of this information. Any reliance you place on that information is at your own risk.

13.2 This Website might include content provided by nonparties, including materials provided by other Users, bloggers, and third-party licensors, syndicators, aggregators, or reporting services. All statements or opinions expressed in these materials are solely the opinions and the responsibility of the person or entity providing those materials.

14. Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. The Website's materials might be out of date at any given time, and we are not required to update those materials.

15. Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. For information about how we collect, use, and share your personal information, please review the Privacy Policy.

16. Memberships

16.1 Fees and Membership Information. Users are liable for Fees for Membership and all taxes. You must provide us with a valid Payment Method. We will bill the Fees to your chosen Payment Method. We may adjust Fees for Memberships at any time. We do not provide price protection or refunds in the event of a price reduction or promotional offering.

16.2 Membership Types. The Website may offer various types of Memberships of different terms (ex: monthly, three-month, six-month) (each, a "Membership Term"). Each Membership Term offered will have its own Fee indicated during the join process and, except for nonrecurring Memberships, will rebill at the Fee and at the frequency indicated in the receipt sent to the User's email address. Fees are subject to change due to laws and taxes; if you do not cancel within 30 days, you are considered to have accepted the Fee change.

16.3 Auto-Renewal. Except for nonrecurring Memberships, your Membership will continue for the Membership Term and automatically renew for additional prepaid periods of the same length at the rates in effect at the time you originally signed up until cancelled. Users must cancel their recurring Membership before it renews each term to avoid billing of the next term's Fees to their Payment Method. Until cancelled, the User authorizes Kick Ass Pictures to continue charging the User's Payment Method to pay: (a) Fees for recurring Membership; (b) all purchases of other products, services, and entertainment provided by the Website; and (c) other liabilities of User to Kick Ass Pictures.

16.4 Delayed Transactions. If a User's Payment Method was declined, we may try to process the Payment Method again under the same conditions as initiated by the User, within seven days of the User's first attempt to purchase that Membership. Where the Payment Method is approved in that circumstance, the User will receive an email confirming the successful completion of their transaction along with their Login details. For recurring Memberships, the User's next rebill will be attempted on their initial rebill date. We may change the Fee of the rebill or of the initial transaction to a lesser amount with the obligation to continue the User's recurring Membership at the original rebill Fee, which will take effect as of the next rebill unless the User cancels before that rebill, or at the initial Payment Method Fee to successfully complete the User's purchase of their Membership. If an unsuccessful recurring payment, we may charge an administrative fee of up to US$2 to maintain an active Membership until the Membership Fee can be processed successfully. At any time, if you have any questions about the rebill Fee or date of your Membership, please contact [email protected].

16.5 Cancellation Policy. You may cancel your recurring Membership at any time by contacting the payment processor identified in the receipt emailed to you or by emailing us at [email protected]. If a recurring Membership is cancelled before the renewal date, the User will continue to have access to the Website for the remainder of the Membership Term.

17. Taxes, Billing Disputes, Refunds, and Chargebacks

17.1 Taxes. You are responsible for all federal, national, state/provincial, or local sales or use taxes, value-added taxes (VAT), or similar taxes or fees payable with your purchase. If you do not pay those taxes or fees on a transaction, you will be responsible for those taxes or fees if they are later found to be payable on that sale, and we may collect those taxes or other fees from you at any time.

17.2 Billing Disputes. If you believe that we have charged your Payment Method in error, you must notify us in writing no later than 30 days after you receive the billing statement in which the error first appeared. If you do not notify us in writing of a dispute within this period, you waive any disputed charges.

17.3 Refunds. Except as provided by law, Fees are non-refundable once the Login details have been used on the Website. Non-use of a Membership or inability of User to access the Website through no fault of Kick Ass Pictures are not grounds for a refund of Fees. We will not issue refunds or credits for partially used Membership Terms. If you believe exceptional circumstances exist for a refund, please email us at [email protected]. This section 17.3 does not affect any statutory right to receive a refund from Kick Ass Pictures that a User might have under law.

17.4 Chargebacks. We carefully investigate all Chargebacks. You must not make unjustified Chargeback requests of your payment card provider. If we determine that any Chargeback request is fraudulent or was made by the User in bad faith, we may suspend and terminate your Membership or any future Membership you purchase.

18. Linking to the Website and Social Media Features

18.1 You may link to our homepage, on condition that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

18.2 This Website may provide certain social media features that enable you to link from your own or certain nonparty websites to certain content on this Website, send emails or other communications with certain content, or cause limited parts of content on this Website to be displayed or appear to be displayed on your own or certain nonparty websites.

18.3 You must not establish a link from any website that is not owned by you, cause the Website or parts of it to be displayed on any other site, link to any part of the Website other than the homepage, or otherwise take any action regarding the materials on this Website that is inconsistent with any other provision of this agreement.

19. Links from the Website

If the Website contains links to other sites and resources provided by nonparties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that might arise from your use of them.

20. Warranty Disclaimers

20.1 You acknowledge that we cannot and do not state that files available for downloading from the Internet or the Website will be free from loss, corruption, attack, viruses or other destructive code, interference, hacking, or other security intrusions. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, mobile device, computer programs, data, or other proprietary material because of your use of the Website.

20.2 Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. Kick Ass Pictures offers the Website, its content, and any services or items obtained through the Website "as is" and "as available," without making any warranties, either express or implied.

20.3 To the greatest extent provided by law, Kick Ass Pictures is not making any warranties, whether express or implied, statutory, or otherwise, including but not limited to warranties of merchantability, noninfringement, and fitness for particular purpose.

20.4 The preceding does not affect any warranties that cannot be excluded or limited under law.

21. Limitation of Liability

21.1 To the greatest extent provided by law, in no event will the collective liability of Kick Ass Pictures and its subsidiaries and affiliates, and their licensors, service providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of US$500 or the amount you have paid to Kick Ass Pictures for the Services in the last six months out of which liability arose.

21.2 The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by Services you purchase through the Website.

21.3 The preceding does not affect any liability that cannot be excluded or limited under law.

22. Indemnification

You shall indemnify Kick Ass Pictures, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of this agreement or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content and services other than as expressly authorized in this agreement, or your use of any information obtained from the Website.

23. Governing Law and Jurisdiction

23.1 Florida law governs all adversarial proceedings arising out of this agreement or access or use of the Website. This agreement's predominant purpose is providing services and licensing access to intellectual property and not a "sale of goods." The United Nations Convention on Contracts for the International Sale of Goods will not govern this agreement, the application of which is expressly excluded.

23.2 Except for disputes subject to arbitration, as the exclusive means of bringing adversarial proceedings to resolve any dispute arising out of this agreement or the subject matter of this agreement, a party may bring such a proceeding in the United States District Court for the Middle District of Florida or in a state court in Florida. Each party hereby waives its right to a trial by jury in any adversarial proceedings arising out of this agreement.

24. Arbitration

24.1 You and Kick Ass Pictures are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Any claim, dispute, or controversy (whether in contract, tort, or otherwise) between you and Kick Ass Pictures arising from or relating in any way to your use of the Website or the Services, will be resolved exclusively and finally by binding arbitration.

24.2 Arbitration Resolution Services, Inc. (ARS) will administer the arbitration under its rules available at www.arbresolutions.com. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision.

24.3 You may elect to pursue your claim in small-claims court rather than arbitration if you provide Kick Ass Pictures with written notice of your intention do so within 60 days of the date your claim arose.

24.4 You agree to an arbitration on an individual basis. In any dispute, neither you nor Kick Ass Pictures will be entitled to join or consolidate claims by or against other Users in court or in arbitration or otherwise participate in any claim as a class representative, class member, or in a private attorney general capacity.

25. Recovery of Expenses

In any proceedings between the parties arising out of the subject matter of this agreement, the prevailing party will recover from the other party, besides any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses.

26. Limitation on Time to Bring Claims

A party shall not bring a claim arising out of this agreement or access or use of the Website more than one year after the cause of action arose. Any claim brought after one year is barred.

27. General

27.1 Entire Agreement. This agreement constitutes the entire understanding between the parties regarding the subject matter of this agreement and supersedes all other agreements, whether written or oral, between the parties.

27.2 Assignment. This agreement is personal to you. You shall not transfer to any other person, other than by will or intestate succession, any discretion granted under this agreement, any right to satisfy a condition under this agreement, any remedy under this agreement, or any obligation imposed under this agreement.

27.3 Waiver. No waiver under this agreement will be effective unless it is in writing and signed by the party granting the waiver. A waiver granted on one occasion will not operate as a waiver on other occasions.

27.4 Severability. If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.

27.5 Notices. You may notify Kick Ass Pictures by email at [email protected]. You consent to receive any notice from Kick Ass Pictures in electronic form either by email to the last known email address Kick Ass Pictures has for you or by posting the notice on a place on the Website chosen for this purpose.

Contact Information

If you have any questions about these Terms, please contact us at [email protected].