Terms and Conditions

I. Acceptance

1. These Terms and Conditions (the "Terms of Use") define the contractual relationship between International Media Company B.V. (which shall hereafter also be referred to as "IMC", "F2P", "the company", "we", "us" or "our" as the case may be) and any and all visitors or users of the services available from this website situated at the domain of http://www.free2peek.com (including all Content - as defined below - available through the free2peek.com domain name, further referred to herein as the "F2P Website") and associated websites, which constitute an user agreement. By visiting or joining the F2P Website, you must read and agree to these Terms of Use and you signify your consent to the Terms of Use and are agreeing to be legally bound by them.

Users who would like to submit video or photo material(s) need first to be registered on the F2P Website. Such registered users shall hereafter be referred to as "Member(s)". These Terms of Use apply to all users of the F2P Website, including Members.

You are further expected to be aware of the Privacy Statement of F2P (which is (also) available here http://www.free2peek.com/privacy.php) and to approve with the processing of your personal data as described. You are aware that F2P processes the personal data of you, including information on the activities of you on the F2P Website, such as the pages visited, the time spent on different parts of the F2P Website, the internet address of the website where you came from and the content submitted or services ordered by you. F2P saves this information in a database used for the execution of the agreements whether you are a sole user or (also) a Member, including measures to improve services to you and the supply of information or offers to you.


II. General principles

F2P makes available free-of-cost information and data of other websites by means of hyperlinks (internet links). This information and data exclusively serve the purpose of information, and the user cannot rely on their up-to-datedness, accuracy or completeness. The F2P Website may contain links to third-party websites that are not owned or controlled by F2P. F2P will not and cannot censor or edit the content of any third-party site. In addition, F2P has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites. By using the F2P Website, you expressly relieve F2P from any and all liability arising from your use of any third-party website.


III. Access to F2P Website

Provided that you are at least eighteen (18) years of age, F2P hereby grants you a restricted non-exclusive and non-transferable right of use of the F2P Website i.e. to access the service or material located at this F2P Website and further as set forth in these Terms of Use, provided that: (a) your use of the F2P Website as permitted is solely for your personal, non-commercial use (commercial use of either the F2P Website or any material found within is strictly prohibited); (b) you will not copy or distribute any part of the F2P Website in any medium without F2P's prior written authorization; (c) you will not alter or modify any part of the F2P Website other than as may be reasonably necessary to use the F2P Website for its intended purpose; (d) you will not disrupt servers or networks connected to the F2P Website; (e) you will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.; (f) Content or any materials may not be displayed publicly, or used for any rental, sale, or display; (g) Content or any materials shall extend to copyright, trademarks, or other proprietary notices there from; and (h) you will otherwise fully comply with these Terms of Use.

In order to access some features of the F2P Website, you will have to create an account through a combination of a username and a password ("User ID"). When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account and you may not under any circumstances release your User ID to any other person, and are required to keep your User ID strictly confidential. F2P will not release passwords for any reason, to anyone other than you as subscriber, except as may be specifically required by law or court order. Unauthorized access to the F2P Website is a breach of these Terms of Use and agreement and a violation of law. You acknowledge that the webmaster of the F2P Website may track through the use of special software each user's entry to the F2P Website. If any breach of security, theft or loss of User ID, or unauthorized disclosure of User ID occurs, you must immediately notify F2P or the F2P Website of said security breach. You will remain liable for the losses of F2P or other third parties due to such unauthorized use of service of your account. Under any circumstances, F2P will not be liable for your losses caused by any unauthorized use of your account.

F2P grants the operators of public search engines permission to use programs to copy materials from the F2P Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. F2P reserves the right to revoke these exceptions either generally or in specific cases. You agree not to use or launch any automated system, including without limitation, "robots", "spiders", "offline readers", etc., that accesses the F2P Website in a manner that sends more request messages to the F2P servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. You further agree not to collect or harvest any personally identifiable information, including account or user names, from the F2P Website, nor to use the communication systems provided by the F2P Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the F2P Website with respect to their submission of video or photo material(s) or other communications as uploaded to the F2P Website by such users ("User Submissions").

F2P reserves the right to terminate the granted restricted non-exclusive and non-transferable right of use at any time if these Terms of Use are breached. In the case that the Terms of Use are breached, you will be required to immediately destroy any information or material printed, downloaded or otherwise copied from the F2P Website.

By signifying your acceptance to these Terms of Use, you affirm that you are more than eighteen (18) years of age (and/or over the age of majority in the jurisdiction you reside and from which you access the F2P Website where the age of majority is greater than eighteen (18) years of age) and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. You acknowledge that access to video or photo material featuring adult content or other communications which are available through the F2P Website and which depict or contain images of nudity, sexual acts, or other sexual material is permitted only if you are over the minimum age applicable in your jurisdiction (often 18 or 21 year, but not necessarily). You further understand and accept that when using the F2P Website, you will be exposed to User Submissions from a variety of sources, and that F2P is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against F2P with respect thereto, and agree to indemnify and hold F2P, its owners, operators, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the F2P Website.

F2P permits you to link to materials on the F2P Website for personal, non-commercial purposes only. In addition, F2P provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the F2P Website, provided that you include a prominent link back to the F2P website on the pages containing the Embeddable Player. F2P reserves the right to discontinue any aspect of the F2P Website at any time.


IV. User Submissions

The F2P Website facilitates the uploading of User Submissions or other communications submitted by Members and other users and the hosting, sharing, and/or publishing of such User Submissions. You understand and accept that whether or not such User Submissions are published, F2P does not guarantee any confidentiality with respect to any User Submissions.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You affirm, represent, and/or warrant that, in connection with your User Submissions: (i) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the F2P Website and these Terms of Use; and (ii) you will not post, or allow anyone else to post, any material that depicts any person under the age of 18 years and you have inspected and are maintaining written documentation sufficient to confirm that all subjects of your User Submissions are, in fact, over the age of 18 years; and (iii) you own or have the necessary licenses, rights, consents, and permissions to use and authorize F2P to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the F2P Website and these Terms of Use.

For User Submissions submitted to the F2P Website you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to F2P, you hereby grant F2P a worldwide, non-exclusive, sub-licensable, transferable and royalty-free license to use, reproduce, copy, distribute, prepare derivative works of, including but not limited to shorten, edit, rename, or split the submitted video(s) or photo(s) in different parts and to use the entire video(s) or photo(s) or segments thereof as part of compilations, display, and perform the User Submissions in connection with the F2P Website and F2P's (and its successor's) business, including without limitation for promoting and redistributing part or all of the F2P Website (and derivative works thereof) in any media formats known or unknown at this time, and for any other purposes as F2P may see fit, in its sole and absolute discretion, and through any media channels. You also hereby grant each user of the F2P Website a non-exclusive license to access and view your User Submissions through the F2P Website, and to use, display and perform such User Submissions as permitted solely through the functionality of the F2P Website and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete a User Submission from the F2P Website.

With regard to all User Submissions, you agree that you will not: (i) submit material that is unlawful, defamatory, libellous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate; (ii) submit material that is displaying pornography material featuring minors or in relation to minors "actual" or "suggested/virtual", molestation, bestiality, rape/torture, hate crimes/hate propaganda, acts of violence, any references to "Lolita", "Pre-Teen" and "youngest", any URL names implying any unqualified content or any other sites displaying illegal material, password selling or trading; (iii) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant F2P all of the license rights granted herein; (iv) post advertisements or solicitations of business; (v) publish falsehoods or misrepresentations that could damage F2P or any third party; and (v) impersonate another person or misstate your true identity.

F2P does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and F2P expressly disclaims any and all liability in connection with User Submissions. F2P does not permit copyright infringing activities and infringement of intellectual property rights on its F2P Website, and F2P will remove all Content (as defined below) and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. F2P reserves the right to remove Content and User Submissions without prior notice. F2P will also terminate a user's access to its F2P Website, if they are determined to be a "repeat infringer". A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a User Submission removed from the F2P Website more than twice. While pornographic and adult content are accepted, F2P also reserves the right to decide whether Content or an User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, defamatory, obscene, libellous, threatening, harassing, hateful, racially or ethnically offensive material, or material of excessive length. F2P may remove such User Submissions and/or terminate a user's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a proper and accurate notification to F2P at notifcation@F2P.com requesting to have removed any material that another party claims is infringing. Once F2P has received, in its sole judgment, such proper notification thereof and said notification is correct and beyond any reasonable doubt, then F2P may at its sole discretion remove the infringing material and/or block access to such User Submissions and/or block access to new Members and/or renewals to these Users Submissions. F2P may, at its sole discretion, determine who is an "infringer" and may terminate the license(s) granted by you under these Terms of Use without notice to you if F2P believes you to be a "repeat infringer".


V. Intellectual property rights

The content on the F2P Website, except all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to F2P, subject to copyright and other intellectual property rights under Dutch and foreign laws and international conventions. Content on the F2P Website is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of F2P and/or the respective owners. F2P reserves all rights not expressly granted in and to the F2P Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the F2P Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You are not permitted to multiply, decompile or reverse-engineer the software made available, if any. Furthermore, you agree not to circumvent, disable or otherwise interfere with security related features of the F2P Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the F2P Website or the Content therein. You are only permitted to make a back-up of the media files made available which are identical to the original, provided that it contains the same notices by the right-holder of intellectual property rights and the same notifications on confidentiality as the original version.


VI. Warranty disclaimer and limitation of liability

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE F2P WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, IMC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE F2P WEBSITE AND YOUR USE THEREOF. IMC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS F2P WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS F2P WEBSITE. IMC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR, AND IN NO EVENT SHALL IMC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE F2P WEBSITE, (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR F2P WEBSITE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR F2P WEBSITE, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR F2P WEBSITE BY ANY THIRD PARTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

IMC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE F2P WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND IMC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOU SPECIFICALLY ACKNOWLEDGE THAT IMC SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING ENTIRELY RESTS WITH YOU.

Notwithstanding the foregoing limitation of liability, IMC's liability is restricted to damage caused intentionally and by gross negligence as far as it does not concern the violation of an obligation that is essential to the Terms of Use and user agreement or damage to life, body or health. The same applies to the liability of IMC's representatives. Except for intention and gross negligence, liability shall be restricted to the damage that is typically foreseeable at the time the user agreement is concluded.

The F2P Website is controlled and offered by IMC from facilities in The Netherlands. IMC makes no representations that the F2P Website is appropriate or available for use in other locations. Those who access or use the F2P Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.


VII. Indemnity

You agree to defend, indemnify and hold harmless IMC, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to attorney's fees) arising from: (i) your violation of any term of these Terms of Use; (ii) your use of and access to the F2P Website; (iii) any claim that one of your User Submissions caused damage to a third party; or (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defence and indemnification obligation will survive these Terms of Use and your use of the F2P Website.

VIII. Statement of approval of adult material

This F2P Website is designed to be used and viewed solely by people who are at least eighteen (18) years of age in their country having jurisdiction (21 in some other countries having jurisdiction and in US states AL, MS, NE, and WY), who wish to access visual images, audio sounds, and verbal descriptions of a sexually oriented and frankly erotic nature. By signifying your acceptance to these Terms of Use, you are implicitly making the following statements: "I affirm and swear that as of this moment, under penalty of perjury, I am at least 18 years of age (21 in AL, MS, NE, and WY). I will not permit any persons under the age of 18 years (21 in AL, MS, NE, and WY) to view or access in any way any materials found on this F2P Website. I understand that by accessing this F2P Website, I will be exposed to materials that may include but are not limited to, visual images, audio sounds, and verbal descriptions of a sexually oriented and frankly rotic nature, portrayals of nudity, and sexual acts. I affirm that I am not offended by such materials, and that such materials are legal in my community. I am volunteering to view, hear, and access such materials on my own volition, and I choose to do so because I want to view/read/hear or otherwise access such materials for my own enjoyment, information or entertainment. My choice is a manifestation of my interest in such matters, which is healthy and normal, and is also held by most adults in my area. I am completely familiar with the standards held in my community, and the material I expect to access in this F2P Website fall within these standards. In my experience, the average adult in my 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. Adults in my community will accept the standards displayed within this site, and will not find any of the material patently offensive."


IX. General

These Terms of Use, together with the Privacy Statement at http://www.free2peek.com/privacy.php and any other legal notices published by IMC on the F2P Website, shall constitute the entire agreement between you and IMC concerning the (use of the) F2P Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and IMC's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR RELATED TO THE USE OF THE F2P WEBSITE MAY BE BROUGHT BY YOU AND/OR F2P MORE THAN (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Unless otherwise expressly confirmed in writing by IMC, the applicability of provisions deviating from these Terms of Use or other general terms and conditions are excluded. You will not be able to cancel or modify these Terms of Use constituting the user agreement once rendering of our digital teleservices has commenced, unless you and IMC agree otherwise in writing. IMC is entitled to propose amendments to these Terms of Use at any time by posting the amended terms on the F2P Website and it is your responsibility to review these Terms of Use for any changes. All amended terms will become effective with respect to all Members within 14 (fourteen) days after the amendments were posted on the F2P Website, except in regard to a Member who gave us a reasonable notice as to his or her objection to the amendment in question. The sole form of "a reasonable notice" in this respect is deemed to be an e-mail addressed to us at the following address - info@F2P.com - setting out in clear and comprehensive terms the factual and legal grounds of the Member's disagreement. No message posted by a Member on any personal profile page or message board on the F2P Website will be considered as "a reasonable notice", nor will messages of vague origin.

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by F2P without restriction.


X. Notices

Notices by users may be given by electronic messages, conventional mail, and telephone or fax unless otherwise specified in these Terms of Use. All questions, complaints, or notices regarding the F2P Website or these Terms of Use must be directed to F2P at customer@F2P.com and cancellations of service to the F2P Website must also be directed to F2P at customer@F2P.com. For clarity, only copyright infringement notices should go to F2P at notification@F2P.com; any other feedback, comments, requests for technical support, and other communications should be directed to F2P customer service through http://www.free2peek.com/faq.php or by email to customer@F2P.com. Notices by F2P to users may be given by means of electronic messages through the F2P Website, by a general posting on the F2P Website, or by conventional mail. The version of the communication between F2P and user(s) as recorded by F2P shall serve as proof, except if the user(s) offers counterproof. F2P recommends printing out all transaction data and these Terms of Use and keeping them in an easily accessible place.


XI. Applicable law and jurisdiction

You agree that: (i) the F2P Website shall be deemed solely based in The Netherlands; and (ii) the F2P Website shall be deemed a passive website that does not give rise to personal jurisdiction over IMC, either specific or general, in jurisdictions other than The Netherlands. These Terms of Use shall be governed by the internal substantive laws of The Netherlands, without respect to its conflict of laws principles. Any claim or dispute between you and IMC that arises in whole or in part from the F2P Website shall be decided exclusively by a court of competent jurisdiction located in Amsterdam, The Netherlands.