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BeardFinder Terms of Use

Last Updated: 25 May 2023

These Terms of Use constitute a legal contract that establishes the relationship between you, the user, (“you, your, yours, etc.”) and us, BeardFinder, LLC (“we, us, our, ours, etc.”), as it relates to your access to and use of www.beardfinder.com and any affiliated websites and related mobile versions and all services provided thereon (“BeardFinder”), a paywall platform for bearded content creators (“Creators”) to provide access to their content to beard-loving fans (“Fans”). We are the owner of all text, images, graphics, photographs, audio, video, buttons, icons, animations, data, messages, software, content, information, or materials on BeardFinder (“Materials”). While we do not own the content shared on BeardFinder by you (“Content”) or our other users, such user-generated content is included within the definition of Content but is excluded from the definition of Materials.

By accessing or using BeardFinder, you accept and agree to our website policies, including these Terms of Use, and you certify to us that (a) you are eighteen (18) years of age or older, and are at least the age of majority in your jurisdiction, (b) you have the legal capacity to enter into and agree to these Terms of Use, (c) you are using BeardFinder freely, voluntarily, willingly, and for your own personal enjoyment, and (d) you will only provide accurate and complete information to us and promptly update this information as necessary to maintain its accuracy and completeness.

We reserve the right to revise these Terms of Use at any time. You agree that we have this unilateral right, and that all modifications or changes are in force and enforceable immediately upon posting. The updated version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. We agree that if we change anything in these Terms of Use, we will change the “Last Updated” date at the top of these Terms of Use. You agree to re-visit this page on a frequent basis, and to use the “Refresh” or “Clear Cache” function on your browser when doing so. You agree to note the date above. If the “Last Updated” date remains unchanged from the last time you reviewed these Terms of Use, then you may presume that nothing in these Terms of Use has changed since the last time you visited. If the “Last Updated” date has changed, then you must review the updated Terms of Use in their entirety. You must agree to any updated Terms of Use or immediately cease use of BeardFinder. If you fail to review these Terms of Use as required to determine if any changes have been made, you assume all responsibility for such omission, and you agree that such failure amounts to your affirmative waiver of your right to review the updated terms. We are not responsible for your neglect of your legal rights.

  1. Accounts
    1. Registration

      All users may register for a single account on BeardFinder, provided you meet the requirements set forth herein and otherwise abide by these Terms of Use. To purchase access to a Creator’s user-generated content on BeardFinder as a Fan, you must also provide a valid payment method. To sell access to your Content on BeardFinder as a Creator, you must also submit valid and current banking information and any necessary age verification documentation, including a copy of a government-issued identification card.

      You agree that we, or our contractors, are authorized to collect, store, and/or maintain certain biometric information including a retina or iris scan, fingerprint, voiceprint, or scan of your hand or face geometry from any Content or verification documents you provide to us.

    2. Accuracy

      If you fail to provide the required information, if we reasonably believe that you have provided false, misleading, inaccurate, incomplete, not current, or otherwise incorrect information to us, if you fail to promptly update such information to maintain its accuracy and completeness, or if we or any of our authorized agents have reasonable grounds to suspect that a violation of this provision has occurred, we may reject, suspend, or terminate your account, as well as subject you to criminal and civil liability. Acceptance of registration is subject to our sole discretion. While we may require you to provide additional information as necessary to verify the accuracy of your identity and the information you provide to us, you understand and agree that we do not sponsor or endorse any user, or any user-generated content.

    3. No Account Sharing

      You will not use, attempt to access, or ask for the login credentials for any third party’s account at any time. You will not allow any third party to access or use your account at any time, nor provide any third party with your login credentials. We will not be liable for any loss that you may incur as a result of any third party that uses your password or otherwise accesses your account, either with or without your knowledge. You will be liable for losses incurred by us or any third party due to release of account credentials to unauthorized persons.

    4. Termination by You

      You may delete your account by clicking “Delete Account” in your account settings. You will not assign, transfer, sell, or share your membership to BeardFinder. If you do, both you and any unauthorized user are jointly and severally liable for any fees that will be due.

    5. Termination by Us

      We may suspend or terminate your account, membership, and any licenses herein, at any time, for any reason, in our sole discretion, including if you violate these Terms of Use or if your account becomes inactive for more than six months. If we terminate your account, you will be responsible for all charges to your account at the time of termination, and any remaining balance in the account will become non-refundable. We are not responsible for preserving terminated account information which may be permanently deleted in our discretion.

  2. Grant of Rights
    1. Materials

      You understand that all we are offering you is access to and use of BeardFinder as we provide them from time to time. You need to provide your own access to the Internet, hardware, and software, and you are solely responsible for any fees that you incur to access or use BeardFinder. All users may access and use certain public areas of BeardFinder, free of charge. We grant all users a limited, nonexclusive, revocable, and nontransferable personal license to access and use only those Materials provided on free areas of BeardFinder for private, non-commercial purposes. This free license does not include a license to access or use paid areas of BeardFinder or the Materials therein. If you are a Fan or Creator, we also grant you a limited, nonexclusive, revocable, and nontransferable personal license to access and use BeardFinder, the Materials, and user-generated content, as limited by your purchase of certain paid features. This paid license is for private, non-commercial purposes. We reserve the right to limit the amount of Materials viewed or features available to you. Your license to access and use BeardFinder, the Materials, any user-generated content, and certain paid features is not a transfer of title. You will not copy or redistribute any Material or user-generated content, and you will prevent others from unauthorized access, use of, or copying of the Materials and any user-generated content.

    2. Content

      We may permit you to submit Content to BeardFinder. Except for personally identifiable information covered under our Privacy Policy, we will consider Content non-confidential and nonproprietary. We will have no obligation regarding Content, and we do not guarantee any confidentiality for any Content. You are solely responsible for the Content and the consequences of posting the Content to BeardFinder.

      You retain all ownership rights in the Content. However, you grant us a worldwide, perpetual, nonexclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content for our business (and the business of our successors), including for promoting and redistributing any part of BeardFinder (and derivative works of it) in any media formats and through any media channels for the purposes set forth in these Terms of Use. This license shall include the right to copy and transfer the Content to any of our affiliate, related, or partner sites, and to post the Content on different pages of BeardFinder at our sole discretion. We may freely use the Content for any purpose. By posting Content to BeardFinder, you consent to (i) being depicted the Content, and (ii) the Content being publicly distributed on BeardFinder.

      Further, you grant each user of BeardFinder a worldwide, nonexclusive, royalty-free license to access, use, view, display, and perform the Content through BeardFinder, as permitted through BeardFinder and under these Terms of Use, and as limited by that user’s purchase of certain paid features.

    3. Content Depicting Third Parties

      You understand and agree that you may share content that depicts one or more third parties (“Content Depicting Third Parties”), provided:

      • The Content Depicting Third Parties does not violate any third party’s rights.
      • Each individual depicted in the Content Depicting Third Parties is registered as a Creator on BeardFinder.
      • Each Creator depicted in the Content Depicting Third Parties is tagged therein.
      • You have obtained and will maintain government-issued identification documentation confirming that each Creator depicted in the Content Depicting Third Parties is at least eighteen (18) years of age.
      • You have obtained and will maintain written documentation confirming that each Creator depicted in the Content Depicting Third Parties has consented to (i) being depicted in the Content Depicting Third Parties, and (ii) the Content Depicting Third Parties being publicly distributed on BeardFinder.
      • You will provide this written documentation of consent and any other necessary releases, licenses, or ownership documents to us promptly upon request by us for such documentation.

      We may refrain from publicly distributing any Content Depicting Third Parties until all depicted Creators have confirmed their identity and consent to being depicted in the Content Depicting Third Parties and to the Content Depicting Third Parties being distributed on BeardFinder. If you produce, or participate in, any Content Depicting Third Parties, we shall only be responsible for compensating the account of the Creator from which the sale of the Content Depicting Third Parties is made. You are solely responsible for segregating, dividing, and distributing any revenue generated from any Content Depicting Third Parties. Any such revenue sharing arrangement shall be governed solely by an independent, private agreement between you and the other Creator(s). We are not responsible for enforcing any such agreements. You agree to release us, and hold us harmless, from all claims arising from Content Depicting Third Parties. You further agree that any claim arising from Content Depicting Third Parties shall be asserted only against the Creator(s) participating or appearing therein, and not against us.

    4. Section 2257

      You represent and warrant that your Content is fully compliant with all requirements listed at 18 U.S.C. § 2257 et seq. 18 U.S.C. § 2257A, and 28 CFR Part 75 et seq. (“Section 2257”) and that you possess and maintain age verification documents required by Section 2257 in a form acceptable to us and that you will continue to maintain originals of these documents in that manner and for so long as you maintain a Creator account on BeardFinder, plus a term of seven (7) years, or the length of time required by law (whichever is longer), and that you will provide to us an accurate and legible copy of this documentation immediately upon request and/or provide us with the required information during the Creator registration process. You further consent to any circulation of such records to third parties such as our contractors, affiliates, successors, and sub-licensees, at our sole discretion. For so long as you maintain a Creator account on BeardFinder, and for a period of no less than seven (7) years after your Creator account on BeardFinder is deactivated, you will act as the “Custodian of Records” as defined in 28 CFR Part 75 et seq. and will maintain all records as required by Section 2257 at the primary address of Creator. Upon request, you will provide us with one or more valid government-issued “picture ID cards” as mandated by Section 2257, that contains your name, photo, and birth date.

  3. Acceptable Use Policy
    1. Prohibited Uses for All Users

      You agree that you will only use BeardFinder for purposes expressly permitted and contemplated by these Terms of Use. You may not use BeardFinder for any other purposes without our express prior written consent. Without our express prior written authorization, you will not:

      • use BeardFinder for any purpose other than as offered by us, including in any way that is prohibited by these Terms of Use or that is violative of any applicable law, regulation, or treaty of any applicable governmental body, including:
        • laws prohibiting sex trafficking and promotion or facilitation of prostitution;
        • intellectual property right laws protecting patents, copyrights, trademarks, trade secrets, and any other intellectual property right, including making, obtaining, distributing, or otherwise accessing illegal copies of copyrighted, trademarked, or patented content, deleting intellectual property right indications and notices, or otherwise manipulating identifiers in order to disguise the origin of your Content
        • laws against obscene, lewd, defamatory, or libelous speech; and
        • laws protecting confidentiality, privacy rights, publicity rights, or data protection.
      • fail to comply with orders, judgments, or mandates from courts of competent jurisdiction.
      • access or use BeardFinder if you are, or are required to be, a registered sex offender in any jurisdiction.
      • link to BeardFinder on any third-party website in any way that is illegal, unfair, or damages or takes advantage of our reputation, including any link which establishes or suggests a form of association, approval, or endorsement by us where none exists.
      • post, upload, or share Content that is harmful, inaccurate, threatening, abusive, vulgar, violent, indecent, harassing, hateful, menacing, scandalous, inflammatory, blasphemous, racially or ethnically offensive, likely to cause annoyance, intimidation, alarm, embarrassment, distress, discomfort, or inconvenience, otherwise objectionable or inappropriate.
      • post, upload, or share Content that depicts, advertises, promotes, encourages, facilitates, or solicits (real, simulated, or implied) (i) scenarios involving lack of consent, including rape, sexual assault, kidnapping, torture, hypnosis, intoxication, violence, sadomasochistic abuse, hardcore bondage, weapons, or asphyxiation; (ii) sexual activity involving minors; (iii) age-play or adult baby/diaper lover Content, (iv) incest; (v) bestiality, including monstrous humanoids or animal-themed sex toys; (vi) necrophilia; (vii) bodily fluids including scat, urine, lactation, vomit, and blood, but excluding semen, female ejaculation, and saliva; (viii) illegal prostitution or human trafficking; (ix) “revenge porn” defined as any Content containing any individual who has not consented to being depicted in the Content, or to the Content being distributed on BeardFinder; (x) unsolicited sexual Content sent directly to another user or Content otherwise sexual objectification of another user in a nonconsensual manner; (xi) illegal or illicit drugs; (xii) suicide, self-harm, or extreme pain, whether inflicted by yourself or a third party, including oversized toys, genital mutilation, or extreme fisting; (xiii) any other illegal behavior or behavior that may be considered obscene under applicable law.
      • post, upload, or share Content depicting any person under eighteen (18) years old.
      • promote or advertise any Content as depicting any person under eighteen (18) years old, regardless of the actual age of the person(s) depicted.
      • post, upload, or share Content depicting any person without inspecting and maintaining written documentation sufficient to confirm that all individuals depicted in your Content are at least eighteen (18) years of age or older, and consent to being depicted in your Content, and consent to your Content being distributed on BeardFinder.
      • post, upload, or share Content with the intent to extort money or other benefit from a third party in exchange for removal of the Content.
      • post, upload, or share any employment ads or Content which violates anti-discrimination laws.
      • post, upload, share, or collect the telephone numbers, street addresses, last names, email addresses, URLs, geographic location, or any other personal information about users or third parties without their consent, or, except as expressly authorized in these Terms of Use.
      • use slang, acronyms, abbreviations, emojis, GIFs, or other media to communicate any activity that violates these Terms of Use.
      • engage in antisocial, disruptive, or destructive behavior, including “doxing,” “bombing,” “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet, or engage in any other behavior that serves no purpose other than to harass, annoy, or offend users.
      • access the accounts of other users.
      • engage in any fraudulent activity, including impersonating any real or fictitious third party, falsely claiming affiliation with any third party, misrepresenting the source, identity, or contents of the Content.
      • engage in platform manipulation, including utilizing bots or other fraudulent means to artificially drive traffic to or inauthentically generate engagements with your account, the Content, or links to third party websites.
      • circumvent, disable, damage, or otherwise interfere with the operations of BeardFinder, any user’s enjoyment of BeardFinder, or our security-related features or features that prevent, limit, restrict, or otherwise enforce limitations on the access to, use of, or copying of BeardFinder, by any means, including posting, linking to, uploading, or otherwise disseminating viruses, adware, spyware, malware, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious code, file, or program designed to interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or any telecommunications equipment.
      • reverse engineer, decompile, disassemble, or otherwise discover the source code of BeardFinder or any part of it, except and only if that activity is expressly permitted by applicable law despite this limitation.
      • access or use any automated process (such as a robot, spider, scraper, or similar) to access or use BeardFinder in violation of our robot exclusion headers or to scrap all or a substantial part of the BeardFinder (other than in connection with bona fide search engine indexing or as we may otherwise expressly permit).
      • modify, adapt, translate, or create derivative works based on BeardFinder, except and only if applicable law expressly permits that activity despite this limitation.
      • commercially exploit or make available, mirror, or frame BeardFinder.
      • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it.
      • attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.

      Engaging in any Prohibited Use will be considered a breach of these Terms of Use and may result in immediate suspension or termination of the user’s account and access to BeardFinder or the platform without notice, in our sole discretion. We may pursue any legal remedies or other appropriate actions against you if you engage in any of the above Prohibited Uses or otherwise violate these Terms of Use or any international, foreign, or domestic laws, including civil, criminal, or injunctive relief, forfeiture of revenue, and termination of your account.

    2. Additional Prohibited Uses for Creators

      If you are a Creator, you will not, without our express prior written authorization:

      • misrepresent whether any recorded or live Content does or will contain nudity or sexual activity.
      • defraud us or our users (e.g., working together with a member or “hacker” to accept payment with stolen credit cards).
      • fail to honor any lawful representation made to other users in furtherance of selling Content.
      • upload any Content where Creator is not readily identifiable within the Content, such as where Creator’s face is hidden or obstructed for the entirety of the performance.
      • allow a third party to control your account.
      • record Content from any public place where members of the public are reasonably likely to see your Content.
      • release the personal information of any other user or third party without that person’s consent.
      • harass, disparage, defame, or otherwise interfere with the business or personal lives of other users, whether on BeardFinder, on third-party websites, or offline.
      • solicit or accept payments for travel or in-person meetings.
      • attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.

      If you are a Creator and violate these additional Prohibited Uses for Creators or any other provision of these Terms of Use, we may delete your account without payment or permanently ban you from BeardFinder.

    3. WE HAVE A ZERO TOLERANCE POLICY FOR PROSTITUTION AND SEX TRAFFICKING

      The solicitation, promotion, and facilitation of prostitution and sex trafficking are strictly prohibited. If you engage in such activity, whether on BeardFinder or by posting links to external websites that solicit, promote, or facilitate prostitution or sex trafficking, we may delete your account without refund and take other appropriate action.

    4. WE HAVE A ZERO TOLERANCE POLICY FOR CHILD EXPLOITATION

      You understand that all depictions on BeardFinder are of persons over the age of eighteen (18) on the date of production. We take great measures to ensure that no minors appear in any of user-generated content. If you seek any form of child sexual abuse material (whether real or virtual), you must exit BeardFinder immediately. We do not provide or promote underage content, and we do not tolerate those who seek underage content. In order to further our zero-tolerance policy, you agree to report any images, real or simulated, that appear to depict minors on BeardFinder.

    5. Reporting User-Generated Content and User Activities

      If you are aware of any user-generated content on BeardFinder or any user engaging in activities that violate these Terms of Use, please access our Report Abuse form and provide as much detail as possible, including a description of the objectionable user-generated content or the location where it may be found, the username of the individual engaging in suspicious activities, the date and time of identification, the reason we should remove the objectionable user-generated content or investigate the activities, and a statement certifying the accuracy of the information you provided to us. If you are a Creator, you must report all violative user-generated content and suspicious activity to us. We may consider you complicit in any fraud to which you were knowledgeable of suspicious activity but failed to report it.

    6. Law Enforcement

      We will fully cooperate with law enforcement authorities or orders from courts of competent jurisdiction, requesting or directing us to disclose the identity or location of any user in breach of these Terms of Use, in accordance with our privacy policies, law enforcement policies, and applicable law or regulation. If we receive a subpoena, discovery request, production order, search warrant, or court order in response to your activities which causes us to incur legal expenses, costs, or fees for compliance, you agree to reimburse us for any such legal expenses, costs, and fees upon our request.

  4. Billing and Payments
    1. Purchases

      If you provide valid and current payment information, you may subscribe to or purchase user-generated content and tip Creators. Creators offer you the opportunity to purchase different subscriptions and content for differing prices. The price of subscriptions and content is displayed on BeardFinder, and you may only purchase subscriptions and content for the currently displayed price. We bill for subscriptions on an automatic recurring basis. If you fail to renew your subscription and continue to access certain features on BeardFinder, we may charge you for those features on an a-la-carte basis at market rates. The price for such subscriptions and the paid features related to such subscriptions is prominently displayed on BeardFinder and may be changed by us from time to time. We reserve the right to change the price and features associated with such subscriptions at any time, without notice to you, by changing the information prominently displayed on BeardFinder. We reserve the right to charge additional fees for access to or use of BeardFinder or any of our other features, and to change our fee structure at our discretion. All previous offers or discounts are unavailable once removed from BeardFinder.

      You agree to pay all fees or account charges related to any fees, taxes, charges, purchases, subscriptions, tips, or upgraded features associated with your account, immediately when due in accordance with our stated billing policy, or that of our third-party billing agent. You acknowledge that the charge on your banking statement may display our company name, one of our brand names, or our third-party billing agent’s name. You understand and agree that you are responsible for all fees or penalties that are associated with your account. Your account will be deemed past due if it is not paid in full by the payment due date. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You agree to pay all amounts due immediately upon cancellation or termination of your account.

    2. Account Balances

      You understand and agree that (i) your account balance may not be returned or paid to you if BeardFinder becomes insolvent, (ii) BeardFinder does not pay interest on account balances, and (iii) account balances and transactions are only reported to you through BeardFinder, and we are under no obligation to issue any other report regarding your account balance or transactions.

    3. Commissions for Content

      If you are a Creator, you will receive an eighty percent (80%) commission on all sales associated with your account. We reserve the right to change this percentage at any time. From time to time, we may offer certain increased commission percentages as a signing bonus or other incentive. You understand and agree that we are under no obligation to offer such incentives, and the terms and conditions of such incentive programs remain in our sole and absolute discretion and will be prominently displayed on BeardFinder.

      It is your sole responsibility to designate which Content is available for free, which Content is available through your subscription(s), and which Content must be purchased on an individual basis, including setting the purchase price for each piece of Content or subscription. If you fail to designate a purchase price, you understand and agree that we may make that Content available to our users free of charge.

    4. Earnings

      If you are a Creator, twice a month, we will issue payment to you in your selected payment method for any monies earned during the proceeding pay period, minus any processing fees based on your payment selection or otherwise associated with your account, provided you have met the minimum payment threshold. You are responsible for providing accurate bank account or payment method details identifying where earnings will be sent. You must own or control the account associated with your payment method, and you agree to provide us with such information as we may request to confirm your ownership or control. You cannot receive a payout until you have met the minimum payment threshold. In the event we receive notice of any lien or encumbrance against your account, we may suspend payouts until such lien or encumbrance is satisfied or discharged. We may set off any liability, damages, costs, or expenses that we incur arising from or relating to your breach of these Terms of Use against any money that we owe to you under these Terms of Use. We may also adjust or deduct the monies transferred to your account for any reason, at any time, without advance warning or notice, including retroactively. The most common reasons for transfer adjustments include customer refunds, fraud, conduct violations, third party liens, garnishments, and technical errors.

    5. Taxes

      You shall be responsible for payment of all taxes, and we will not be responsible for any federal income tax withholding, unemployment contribution, workers compensation, Medicare / Medicaid, or any employment-related benefits. If requested, you will provide us with a Social Security Number or Taxpayer Identification Number, so that an IRS form 1099 may be issued where required by law. Failure to provide such information to us may result in termination of these Terms of Use.

    6. Third-Party Payment Processing

      We utilize various third-party payment processors and gateways, and we reserve the right to contract with additional third-party payment processors and gateways in our sole discretion to process all payments associated with BeardFinder. Such third parties may impose additional terms and conditions governing payment processing. You are responsible for abiding by such terms. We further disclaim any liability associated with your violation of such terms.

    7. Changes to Your Billing and Payment Information

      You must promptly inform our third-party billing and payment agents of all changes, including changes in your address, debit or credit card, and other banking information used in connection with billing or payments through BeardFinder. You are responsible for any debit or credit card charge backs, dishonored checks, and any related fees that we incur with respect to your account, along with any additional fees or penalties imposed by our third-party billing or payment agents.

    8. Chargebacks

      If you make a purchase on BeardFinder that results in a chargeback, we may terminate your account. You agree to contact us to seek a resolution of any issue before initiating a chargeback. We reserve the right to withhold any funds or proceeds generated from interactions with Creator Content that results in a chargeback.

    9. Changes to Our Billing and Payment Methods

      We reserve the right to make changes at any time to our fees and billing and payment methods, including the addition of administrative or supplemental charges for any feature, with or without prior notice to you.

    10. Refunds

      You understand and agree that it is our standard policy that all purchases are final and nonrefundable. We reserve the right to address all refund requests in our sole discretion. In no instance will a refund be provided where the user initiates a chargeback.

      For refunds related to subscriptions:

      • If you purchase a subscription, you may cancel the subscription at any time. If you cancel a subscription, you will not be issued a refund, and you will continue to have access to the features related to that subscription until the end of the current billing period.
      • If you block another user, you will immediately lose access to that user’s Content, even if you have paid for a subscription related to that Content, and you will not be issued a refund.
      • If you are blocked by a user to whom you have subscribed, you will immediately lose access to that user’s Content, and we reserve the right, in our sole and absolute discretion, to determine whether you will be issued any refund.
    11. Billing and Payment Errors

      If you believe that you have been erroneously billed for activity associated with your account, or if you believe that we have paid you an insufficient amount for any activity associated with your account, please notify our third-party billing or payment agents immediately of such error. If you do not do so within thirty (30) days after such billing or payment error first appears on any account statement, the fee or payment in question will be deemed acceptable by you for all purposes, including resolution of inquiries made by or on behalf of your banking institution. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported within thirty (30) days of the bill or payment being rendered to you. These terms shall supplement and be in addition to any terms required by third party billing or payment entities we engage to provide billing or payment services. You are responsible for review and compliance with such entity’s terms in addition to those contained in these Terms of Use.

    12. Fraudulent Use of Credit Cards

      We take credit card fraud very seriously. Discovery that you have used a stolen or fraudulent credit card will result in the notification of the appropriate law enforcement agencies and termination of your account.

    13. Anti-Money Laundering

      We prohibit and seek to prevent money laundering and the funding of criminal activities. We train our employees to monitor for suspicious transactions on BeardFinder and to review transactions that meet certain thresholds. We may provide any evidence of such activities by our users (and your personally identifiable information as detailed in our Privacy Policy to financial regulators or law enforcement according to our Subpoena Policy or as otherwise deemed necessary by us.

      We may prevent you from creating an account, suspend or terminate your account, or request additional information from you if (1) you provide fraudulent account or payment information, such as impersonating a third party, (2) one or more of your transactions is flagged, or (3) you are on OFAC’s list of Specially Designated Nationals and Blocked Persons or a similar sanctions or terrorism watch lists. If you refuse or fail to provide requested information in a timely manner, we will terminate your account.

  5. Disclaimers
    1. We Disclaim All Warranties

      We provide access to and use of BeardFinder “as is” and “with all faults.” We make no warranty that BeardFinder will meet your needs or requirements. We disclaim all warranties — express, statutory, or implied — including warranties of merchantability, fitness for a particular purpose, workmanlike effort, quality, suitability, truthfulness, usefulness, performance, accuracy, completeness, reliability, security, title, exclusivity, quiet enjoyment, non-infringement, and warranties that your access to or use of BeardFinder will be uninterrupted, timely, secure, error-free, or that loss of Content will not occur, to the greatest extent provided by applicable law. We may change any of the information found on BeardFinder at any time or remove any or all Materials or other user-generated content thereon. We make no commitment to update the Materials.We make no warranty regarding any goods or services purchased or obtained through BeardFinder or any transaction entered into through BeardFinder. There are no warranties of any kind that extend beyond the face of these Terms of Use or that arise because of course of performance, course of dealing, or usage of trade.

    2. Use at Your Own Risk

      You expressly agree that access to and use ofBeardFinder is at your own and sole risk. You understand that we cannot and do not guarantee or warrant that BeardFinder will be free of viruses, malware, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. We do not assume any responsibility or risk for your access to or use of the Internet, generally, orBeardFinder, specifically. You understand and agree that any Materials or user-generated content downloaded or otherwise obtained through BeardFinder is done at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from your activity.

    3. Offensive and Adult Content Warning

      BeardFinder contains material that may be considered offensive. You agree to indemnify and hold us harmless from any liability that may arise from someone viewing BeardFinder if they may deem it offensive, and you agree to cease accessing and using BeardFinder should you find them offensive. Specifically, you represent and warrant that you are aware that BeardFinder is an inclusive platform which permits the posting of adult content by our users, and that you are not offended by adult content, including graphic audiovisual depictions of nudity and sexual activity.You further represent and warrant that you are familiar with and comply with your jurisdiction’s laws and community standards, including those affecting your right to access, receive, and transmit adult content, and those relating to distributing adult content to minors. Finally, if you are a Creator, you represent and warrant that you are aware that your Content may be viewed by individuals across the world that may recognize your true identity, regardless of any privacy or geofencing features that may be offered by us.

    4. Parental Controls Notice

      You acknowledge your responsibility to prevent minors under your care from accessing harmful, inappropriate, or adultcontent. You agree not to allow minors to view BeardFinder, and you agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors’ access to harmful, inappropriate, or adult content. You are hereby informed that you can research such services by typing the words “parental controls” or similar terms, into an Internet search engine. We recommend that you conduct appropriate due diligence before purchasing or installing any online filter. You agree to take steps to prevent minors from viewing BeardFinder if your computer or mobile device can be accessed by a minor. Finally, you agree that if you are a parent or guardian of a minor child, it is your responsibility, not ours, to keep BeardFinder from being displayed or accessed by your children or wards.

    5. Registered Sex Offenders and Safety Tips

      By accessing BeardFinder, you represent and warrant that you have not been convicted of a felony or any criminal sexual offense, and you are not required to register as a sex offender with any government entity.While we prohibit access to and use of BeardFinder by registered sex offenders, we do not conduct routine criminal background checks on users. You are solely responsible for your interactions with other users. We do not undertake any obligation to monitor user activity, screen or interview users, investigate the background of users, or attempt to verify the accuracy of statements made by third parties regarding any user’s background. We expressly disclaim any warranty about the conduct of users or those acting on their behalf. Remember, online profiles can be falsified. We recommend that you use common sense and take reasonable precautions in all communications, or interactions with other users. Consider the following online safety tips:

      • Anyone who can commit identity theft can also falsify an online profile.
      • There is no substitute for acting with caution when communicating with any stranger who wants to interact with you.
      • Never include your last name, email address, home address, phone number, place of work, or any other identifying information in initial communications with other users. Stop communications with anyone who pressures you for personal or financial information or tries in any way to trick you into revealing it.
      • If you choose to have a face-to-face meeting with another user who you met on BeardFinder, tell a family member or friend where you will be meeting and when you will return. You should not agree to be picked up at your home. Always provide your own transportation and meet in a public place with many people around.
    6. Fraud and Scam Warning

      While we take efforts to prevent our services from being used for any fraudulent purposes, we specifically and emphatically warn members never to send money to anyone that they interact with on BeardFinder other than through authorized means. We have no way of determining the validity of any communication that you may receive from other users, and we cannot discern the validity of the person or intentions behind such communication. It is a violation of our policy to solicit money from or to send money to any other user other than through authorized means. You expressly understand and agree that if any other user that you are in communication with on BeardFinder requests money from you for travel, medical assistance, subsistence or for any other reason, it is likely a scam or a fraudulent scheme, and you are at a very high risk of being defrauded. You agree to report such request along with the username of the requesting user to us immediately. While we are not obligated to investigate any such report, we may do so in our sole discretion.

    7. No Endorsement of User-Generated Content

      You understand that much of BeardFinder is populated with user-generated content, and that we do not endorse (expressly or implicitly) the opinions expressed in any user-generated content. You further understand that you may be exposed to user-generated content from a variety of sources. As a result, you may be exposed to user-generated content that is inaccurate, offensive, indecent, or objectionable to some, and you waive any rights or remedies you have or may have against us for this exposure. Please note that we reserve the right to demote or terminate any user and to demote, remove, or refuse to publish your Content, at any time, for any reason, with or without prior notice.

    8. Privacy / Security Warning

      No website or server is immune from hacking or other breaches of security protocols, which can result in the wrongful public release of your information and data. Your Content may be illegally recorded by users or third parties, and your Content may be posted online or otherwise distributed without your permission. Such actions may cause humiliation, mental / emotional distress, identity theft, and other significant damages. You therefore acknowledge and agree we shall not be liable for any recording or release of private information, personal data, or your Content, and you hereby release us from all liability and claims associated therewith.

    9. Third-Party Links

      BeardFinder may contain links to websites or resources owned and operated by our users or third parties. You understand and agree that we have no control over, are not responsible for, and do not screen nor warrant, endorse, guarantee, or assume responsibility for the goods or services provided by our users or on third-party links. We will not be a party to or be in any way responsible for monitoring any transaction between you and other 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 agree to hold us harmless from all damages and liability that may result from use of third-party links that appear on BeardFinder and any advertising, services, goods, products, or other materials available on third-party links. We are not responsible for any use of confidential or private information by sellers or third parties. You agree that your use of any third-party link or the goods or services provided thereon is governed by the policies of those third parties, not by these Terms of Use or our other policies. We reserve the right to demote or remove any link at any time.

    10. Violations of Law

      Access to and use of BeardFinder in violation of any law is strictly prohibited. If we determine that you have provided or intend to purchase or provide any services in violation of any law, your ability to access and use BeardFinder will be terminated immediately. We do hereby disclaim any liability for damages that may arise from you or any user providing any services that violates any law. You do hereby agree to defend, indemnify, and hold us harmless from any liability that may arise for us should you violate any law. Youalso agree to defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any such claims by any party.

  6. Indemnification

    You agree to defend, indemnify, and hold harmless us and our officers, directors, shareholders, employees, independent contractors, telecommunication providers, attorneys, and agents, from and against all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, or consequentially resulting or allegedly resulting from your actions, or the actions of another person under your authority, including without limitation to governmental agencies, use, misuse, or inability to use BeardFinder, or any breach of these Terms of Use by you or another person under your authority. We shall promptly notify you by electronic mail of any such claim or suit, and we may cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or suit at our own expense, and choose our own legal counsel; however, we are not obligated to do so.

  7. Limitation of Liability

    You, the user/seller, acknowledge that we monitor user-generated content for offensive or illegal conduct of any party. You understand that the risk of harm or damage from this activity will result in outright suspension and removal from BeardFinder. You also agree that reporting of such activity between any party to BeardFinder moderators may compel additional legal activities against parties involved after sufficient warnings have been issued. You discharge, acquit, and otherwise release us, our parent company, agents, employees, officers, directors, shareholders, attorneys, and affiliates, from all allegations, counts, charges, debts, causes of action, and claims relating in any way to the use of, or activities relating to the use of BeardFinder including claims relating to the following:

    Negligence, gross negligence, reckless conduct, alienation of affections (to the extent recognized in any jurisdiction), intentional infliction of emotional distress, intentional interference with contract or advantageous business relationship, defamation, privacy, publicity, intellectual property infringement, misrepresentation, infectious disease, nonconsensual recording or dissemination of intimate depictions, violation of prostitution or sex trafficking laws, any financial loss not due to our fault, missed meetings, unmet expectations, false identities, fraudulent acts by others, invasion of privacy, release of personal information, failed transactions, purchases or functionality of BeardFinder, unavailability of BeardFinder, its functions and any other technical failure that may result in inaccessibility of BeardFinder, or any claim based on vicarious liability for torts committed by individuals met on or through BeardFinder, including fraud, theft or misuse of personal information, assault, battery, stalking, harassment, cyber-bullying, rape, theft, cheating, perjury, manslaughter, or murder.

    The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by you. This release is intended by the parties to be interpreted broadly in our favor, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.

    We expressly disclaim any liability or responsibility to you for any of the following:

    • Any loss or damage of any kind incurred because of the Materials or user-generated content, including errors, mistakes, or inaccuracies thereof or any Materials or user-generated content that are infringing, obscene, indecent, threatening, offensive, defamatory, invasive of privacy, or illegal.
    • Personal injury or property damage of any nature resulting from your access to and use of BeardFinder.
    • Any third party’s unauthorized access to or alterations of your account, transmissions, data, or Content.
    • Any interruption or cessation of transmission to or from BeardFinder and any delays or failures you may experience in initiating, conducting, or completing any transmissions to or transactions throughBeardFinder.
    • Any bugs, viruses, malware, Trojan horses, or the like that may be transmitted to or through BeardFinder by any third party.
    • Any incompatibility between BeardFinder and your other services, hardware, or software.
    • Any claims arising from identification of you based on your Content, regardless of whether you utilize any of our tools to mark certain Content private or block, restrict, or otherwise limit access to your Content in certain geographic locations.
  8. Intellectual Property
    1. A. Trademarks

      BeardFinder is our brand name and trademark. We aggressively defend our intellectual property rights. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners or holders of such trademarks and service marks.All of the marks, logos, domains, and trademarks that you find on BeardFinder may not be used publicly except with express written permission from us, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits us.

    2. Copyrights

      The Materials are our proprietary information and valuable intellectual property. We retain all right, title, and interest in the Materials. You retail all right, title, and interest in the Content, subject to the licenses herein. BeardFinder, the Materials, the Content, and any other user-generated content are protected by copyright law. The Materials and any user-generated content may not be copied, downloaded, distributed, republished, modified, uploaded, posted, or transmitted in any way without our prior written consent. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials or user-generated content. Modification or use of the Materials or user-generated content except as expressly provided in these Terms of Use violates our intellectual property rights.

    3. Notification of Copyright Infringement

      We respect the intellectual property rights of all parties and comply with the Digital Millennium Copyright Act (“DMCA”). We do not permit copyright infringing activities or infringement of other intellectual property rights on BeardFinder, and we will remove all user-generated content if properly notified that the user-generated content infringes on a third party’s copyrights. We have adopted a policy regarding termination of repeat copyright infringers in compliance with the DMCA, and we reserve the right to terminate a user’s access to BeardFinder, in accordance with our DMCA Policy or Repeat Infringer Policy. Copies of our Repeat Infringer Policy are available to users upon request. Information regarding submission of a notice of infringement under our DMCA Policy.

  9. General
    1. Entire Agreement

      These Terms of Use and any other legal notice or agreement published by us on BeardFinder, forms the entire agreement between you and us concerning your use of BeardFinder. It supersedes all prior terms, understandings, or agreements between you and us regarding use of BeardFinder. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in any proceedings based on or relating to these terms. Such version of these Terms of Use shall be utilized to the same evidentiary extent, and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

    2. Policies of Our Service Providers

      You understand and agree that we may use certain third-party service providers to provide you with access to and use of BeardFinder. You understand and agree that you must agree to and abide by any user terms, privacy policy, or other policy that such third party requires you to agree to in order to use their services. In the event of a conflict between those policies and our policies, the terms of our policies shall govern.

    3. Assignment and Delegation

      We may assign any rights or delegate any performance under these Terms of Use without notice to you. You will not assign, delegate, or sublicense any of your rights or duties without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void.

    4. Severability

      If any provision of these Terms of Use is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force, if the essential terms for each party remain valid, binding, and enforceable.

    5. Cumulative Remedies

      All rights and remedies provided in these Terms of Use are cumulative and not exclusive, and the assertion by a party of any right or remedy will not preclude the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.

    6. Successors and Assigns

      These Terms of Use inure to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign its rights or delegate its performance under these Terms of Use.

    7. Force Majeure

      We are not responsible for any failure to perform because of unforeseen circumstances or causes beyond our reasonable control, including: Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; epidemics; pandemics; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information services infrastructure; hacking, spam, data breach, malware, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance; and unlawful acts of our employees, agents, or contractors.

    8. Notices

      Any notice required to be given by us under these Terms of Use may be provided by email to a functioning email address of the party to be noticed, by a general posting on BeardFinder, or by personal delivery via commercial carrier. Notices by customers to us shall be given by contacting us at BFHelp@beardfinder.com unless otherwise specified in these Terms of Use.Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of these Terms of Use.Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier shall be deemed delivered on the business day following mailing. Notices delivered by any other method shall be deemed given upon receipt. Either party may, by giving the other party appropriate written notice, change the designated address, email address, or recipient for any notice hereunder.Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, email server, or overnight delivery service.

    9. Communications are Not Private

      We do not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to us shall be deemed to be readily accessible to the general public. Notice is hereby given that all messages entered into BeardFinder may be read by us and our moderators and other agents, regardless of whether we are intended recipients of such messages.

    10. Authorization and Permission to Send Emails to You

      You authorize us to email you notices, advertisements,and other communications. You understand and agree that such communications may contain adult content and language which is not suitable for minors. This authorization will continue until you request us to remove you from our email list. You understand and agree that even unsolicited email correspondence from us, or our affiliates, is not spam as that term is defined under the law.

    11. Consideration

      We allow you to access and use BeardFinder, as limited by purchase of certain paid features, in consideration for your acquiescence to all the provisions in these Terms of Use. You agree that such consideration is both adequate and received upon your viewing or downloading any portion of BeardFinder.

    12. Electronic Signatures

      Youagree to be bound by any affirmation, assent, or agreement you transmit through BeardFinder. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded button, check box, or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

    13. English Language

      We have written these Terms of Use and our associated website policies in the English language. You are representing your understanding and assent to the English language version of these Terms of Use as they are published. We are not liable to you or any third party for any costs or expenses incurred in translating these Terms of Use. In the event that you choose to translate these Terms of Use, you do so at your own risk, as only the English language version is binding.

    14. Export Control

      You understand and acknowledge that the software elements of BeardFinder may be subject to regulation by governmental agencies which prohibit export or diversion of software and other goods to certain countries and third parties. Diversion of such elements contrary to U.S. or international law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that you will abide by such laws and regulations. You agree that none of the elements are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.

    15. No Agency Relationship

      Nothing in these Terms of Use shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.

    16. Usages

      In these Terms of Use, unless otherwise stated or the context otherwise requires, the following usages will apply:

      • References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.
      • In computing periods from a specified date to a later specified date, the words “from” and “commencing on” (and the like) mean “from and including,” and the words “to,” “until,” and “ending on” (and the like) mean “to but excluding.”
      • References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.
      • “A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The same construction applies to longer strings.
      • “Including” means “including, but not limited to.”
    17. No Waiver

      No waiver or action made by us shall be deemed a waiver of any subsequent default of the same provision of these Terms of Use. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms of Use.

    18. Headings

      All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms of Use.

    19. Other Jurisdictions/Foreign Law

      We make no representation that BeardFinder is appropriate or available for use in all locations. You may not access or use BeardFinder from territories where their contents may be illegal or is otherwise prohibited. Those who choose to access and use BeardFinder from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws. Nothing contained in these Terms of Use shall be interpreted as an admission that that we are subject to the laws of any nation besides the United States.

    20. Service Not Available in Some Areas

      You are subject to the laws of the state, province, city, country, or other legal entity in which you reside or from which you access and use BeardFinder. BeardFinder IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account or use BeardFinder while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these Terms of Use, and subject to having your account suspended or terminated without any notice to you. You hereby agree that we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any Service offered on BeardFinder, nor shall any person affiliated, or claiming affiliation, with us have authority to make any such representations or warranties. We reserve the right to restrict access to and use ofBeardFinder in any jurisdiction.

  10. Governing Law and Jurisdiction

    Florida law (including its statutes of limitations) governs all matters arising out of or relating to the BeardFinder website or this agreement without giving effect to any conflicts of law principles. 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.
    Except for disputes subject to arbitration, all disputes arising out of or relating to the Website or this agreement will be subject to the exclusive jurisdiction and venue of the United States District Court for the District of Florida or any state court of competent jurisdiction in Santa Rosa County, Florida. Each party submits to the personal jurisdiction of the United States District Court for the District of Florida and the state courts of competent jurisdiction in Santa Rosa County, Florida to resolve all disputes arising out of or relating to the Website or this agreement not subject to arbitration. Each party waives any right to seek another forum or venue because of improper or inconvenient forum.