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Terms and Conditions

1. Acceptance of the Terms of Service

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these ‘Terms of Service’), govern your access to and use of http://cumshot-review.net/ (‘Cumshot’), including any content, functionality and services offered on or through the Cumshot, whether as a guest or a registered user. These Terms of Service apply to the Cumshot, web pages, interactive features, applications, widgets, blogs, social networks, social network ‘tabs’, or other online or wireless offerings that post a link to these Terms of Service, whether accessed via computer, mobile device or other technology, manner or means.

Please read the Terms of Service carefully before you start to use the Cumshot. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Cumshot.If you access or use the Cumshot, whether you click to accept or not, you agree to all of the various terms in these Terms of Service. If you do not understand all of these Terms of Service, you should consult an attorney before agreeing to any of the Terms of Service.

2. Ability to Accept Terms of Service

You affirm that you are at least 18 years of age or the age of majority in the jurisdiction you are accessing the Cumshot from, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 18 or the applicable age of majority, you are not permitted to submit personal information to us or use the Cumshot. You also represent that the jurisdiction from which you access the Cumshot does not prohibit the receiving or viewing of sexually explicit content. All changes are effective immediately when we post them, and apply to all access to and use of the Cumshot thereafter. The updated version supersedes any prior versions immediately upon being posted, and the prior version(s) shall have no continuing legal effect. If you do not review new terms as posted, then you agree that you have waived your right to do so, and you are therefore bound by the updated conditions, even if you failed to review the new ones. You are on notice of changes, and your failure to review the amended terms is your own omission. By continuing to use the Cumshot subsequent to us making available an amended version of these Terms of Service, you thereby acknowledge, agree to and consent to such amendment.

3. Changes to the Terms of Service

We may modify or revise these Terms of Service from time to time in our sole discretion and you agree to be bound by such modifications or revisions. If we change anything in these Terms of Service, the change will be reflected in the ‘last modified date’. You agree that you will periodically review these terms and refresh the page when doing so. You agree to note the date of the last revision of these terms. If the ‘last modified’ date is unchanged from the last time you reviewed these terms, then they are unchanged. On the other hand, if the date has changed, then there have been changes, and you agree to re-review the terms, and you agree to the new ones.

4. About Our Cumshot

The Cumshot allows for sharing and general viewing of various types of adult-oriented content by users who desire to share and view visual depictions of adult-oriented content, including sexually explicit images.

The Cumshot may contain links to third party websites that are not owned or controlled by the Cumshot. The Cumshot has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, the Cumshot will not and cannot censor or edit the content of any third-party site. By using the Cumshot you expressly relieve it from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Cumshot and to read the terms and conditions and privacy policy of each other website that you visit.

The Cumshot is for your personal use and shall not be used for any commercial endeavor except those specifically endorsed or approved by the Cumshot.This Cumshot is for adult-oriented content. Other categories of content may be deleted.

You understand and acknowledge that when using the Cumshot, you will be exposed to content from a variety of sources, and that the Cumshot is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Cumshot with respect thereto, and agree to indemnify and hold the Cumshot, its site operator, its parent corporation, their respective affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns, harmless to the fullest extent allowed by law regarding all matters related to your use of the Cumshot.

5. Accessing the Cumshot and Account Security

We reserve the right to withdraw or amend this Cumshot, and any service or material we provide on the Cumshot, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Cumshot is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Cumshot, or the entire Cumshot, to users, including registered users.

You are responsible for:

  • making all arrangements necessary for you to have access to the Cumshot;
  • ensuring that all persons who access the Cumshot through your internet connection are aware of these Terms of Service and comply with them.

To access the Cumshot or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Cumshot that all the information you provide on the Cumshot is correct, current and complete.

6. Our Intellectual Property

Cumshot and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names and logos used on or through the Cumshot, such as trademarks, service marks, names or logos associated with third party Content providers, are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.

The inclusion of images or text containing the trademarks or service marks or the name or likeness of any person, including any celebrity, does not constitute an endorsement, express or implied, by any such person, of the Cumshot or vice versa.

Certain materials available on or through the Cumshot are content we own, authored, created, purchased, or licensed (collectively, our ‘Works’). Our Works may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in our Works and the Cumshot. We hereby grant you a royalty-free, limited, revocable, non-sublicensable, and non-exclusive license to access our Works solely for your personal use in connection with using the Cumshot. You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, link to, or publicly display the Works or any adaptations thereof unless expressly set forth herein. Such conduct would exceed the scope of your license and constitute copyright infringement.

The above described license is conditioned on your compliance with these Terms of Service, and shall terminate upon termination of these Terms of Service. If you breach any provision of these Terms of Service, any license you have obtained will be automatically rescinded and terminated. In order to protect our rights some Content made available on the Cumshot may be controlled by digital rights management technologies, which will restrict how you may use the Content. You must not circumvent, remove, delete, disable, alter or otherwise interfere with any digital rights management technology. Such conduct is prohibited by law.

7. Prohibited Uses

You agree that you will only use the Cumshot and our services for the lawful purposes expressly permitted and contemplated by these Terms of Service. You may not use the Cumshot and our services for any other purposes, including commercial purposes, without our express written consent.

You agree that you will view the Cumshot and its content unaltered and unmodified. You acknowledge and understand that you are prohibited from modifying the Cumshot or eliminating any of the content of the Cumshot, including ads. By using the Cumshot you expressly agree to accept advertising served on and through the Cumshot and to refrain from using ad blocking software or to disable ad blocking software before visiting the Cumshot.You agree that you will not use or attempt to use any method, device, software or routine to harm others or interfere with the functioning of the Cumshot or use and/or monitor any information in or related to the Cumshot for any unauthorized purpose. Specifically, you agree not to use the Cumshot to:

  • violate any law (including without limitation laws related to torts, contracts, patents, trademarks, trade secrets, copyrights, defamation, obscenity, pornography, rights of publicity or other rights) or encourage or provide instructions to another to do so;
  • act in a manner that negatively affects other users’ ability to use the Cumshot, including without limitation by engaging in conduct that is harmful, threatening, abusive, inflammatory, intimidating, violent or encouraging of violence to people or animals, harassing, stalking, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable;
  • deploy programs, software or applications designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including by engaging in any denial of service attack or similar conduct;
  • deploy or use programs, software or applications designed to harm, interfere with the operation of, or access in an unauthorized manner, services, networks, servers, or other infrastructure;
  • exceed your authorized access to any portion of the Cumshot;
  • remove, delete, alter, circumvent, avoid or bypass any digital rights management technology;
  • collect or store personal data about anyone;
  • alter or modify without permission any part of the Cumshot or its content, including ads;
  • obtain or attempt to access or otherwise obtain any Content or information through any means not intentionally made available or provided for through the Cumshot;
  • exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available.

Additionally, you agree not to:

  • use the Cumshot in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Cumshot, including their ability to engage in real time activities through the Cumshot;
  • use any robot, spider or other automatic device, process or means to access the Cumshot for any purpose, including monitoring or copying any of the material on the Cumshot without our prior written consent;
  • use any manual process to monitor or copy any of the material on the Cumshot or for any other unauthorized purpose without our prior written consent;
  • use any device, bots, scripts, software or routine that interferes with the proper working of the Cumshot or that shortcut or alter Cumshot functions to run or appear in ways that are not intended by Cumshot design;
  • introduce or upload any viruses, Trojan horses, worms, logic bombs, time bombs, cancelbots, corrupted files or any other similar software, program or material which is malicious or technologically harmful or that that may damage the operation of another’s property or of the Cumshot or our services;
  • attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Cumshot, the server on which the Cumshot is stored, or any server, computer or database connected to the Cumshot;
  • attack the Cumshot via a denial-of-service attack or a distributed denial-of-service attack;
  • otherwise attempt to interfere with the proper working of the Cumshot.

8. Monitoring and Enforcement; Termination

We have the right to:

  • remove or refuse to post any Content you submit or contribute to the Cumshot for any or no reason in our sole discretion,
  • take any action with respect to any Content posted by you that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates these Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Cumshot or the public or could create liability for us,
  • disclose your personally identifying information or other information about you to any third party who claims that Content posted by you violates their rights, including their intellectual property rights or their right to privacy,
  • take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Cumshot,
  • terminate or suspend your access to all or part of the Cumshot for any or no reason, including without limitation, any violation of these Terms of Service.

YOU WAIVE AND HOLD US HARMLESS AND OUR SITE OPERATOR, ITS PARENT CORPORATION, THEIR RESPECTIVE AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US, SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review Content before it is posted on the Cumshot, and cannot ensure prompt removal of objectionable Content after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or Content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

9. Copyrights and Other Intellectual Property

The Cumshot respects the intellectual property of others, and requires that you do the same. You may not upload, embed, post, email, transmit or otherwise make available any Content that infringes any copyright, patent, trademark, trade secret, privacy, publicity or other proprietary rights of any person or entity.

The Cumshot operates a clear Copyright Policy in relation to any Content alleged to infringe the copyright of a third party. If you believe that any Content violates your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement.

As part of our Copyright Policy, the Cumshot will terminate user access to the Cumshot if, under appropriate circumstances, a user has been determined to be a repeat infringer.

The Cumshot is not in a position to mediate trademark disputes between users and trademark owners. Accordingly, we encourage trademark owners to resolve any dispute directly with the user in question. If the trademark owner is unable to reach a resolution with the user, it may send us a notice at webmasters@cumshot-review.net. The Cumshot is willing to perform a limited investigation of reasonable complaints and will remove content in clear cases of infringement.

10. Reliance on Information Posted

The information presented on or through the Cumshot is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Cumshot, or by anyone who may be informed of any of its contents.

This Cumshot includes Content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

11. Changes to the Cumshot

We may update the content on this Cumshot from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Cumshot may be out of date at any given time, and we are under no obligation to update such material.

12. Information about You and Your Visits to the Cumshot

All information we collect on this Cumshot is subject to our Privacy Policy. By using the Cumshot, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

13. Collection and Use of Your Usage Information by Advertisers and Others

The Cumshot allows others to display advertisements using the Cumshot. These third parties use technology to deliver advertisements you see using the Cumshot directly to your browser. In doing so, they may automatically receive your IP, or ‘Internet Protocol’, address. Others that place advertising using the Cumshot may have the ability to use cookies and/or web beacons to collect information, including information about your usage of the Cumshot. We do not control the processes that advertisers use to collect information. However, IP addresses, cookies and web beacons alone generally cannot be used to identify individuals, only machines. Therefore, advertisers and others whose advertisements or content may be provided through the Service generally will not know who you are unless you provide additional information to them, by responding to an advertisement, by entering into an agreement with them, or by some other means.

14. Linking to the Cumshot and Social Media Features

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

This Cumshot may provide certain social media features that enable you to:

  • link from your own or certain third-party websites to certain content on this Cumshot;
  • send e-mails or other communications with certain content, or links to certain content, on this Cumshot;
  • cause limited portions of content on this Cumshot to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • cause the Cumshot or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site,
  • otherwise take any action with respect to the materials on this Cumshot that is inconsistent with any other provision of these Terms of Service.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms of Service.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

15. Links from the Cumshot

If the Cumshot contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over, and assumes no responsibility for, the contents, privacy policies, or practices of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Inclusion of, linking to, or permitting the use or installation of any third party site, applications, software, content or advertising does not imply approval or endorsement thereof by us. If you decide to access any of the third party websites linked to this Cumshot, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Further, you agree to release us from any and all liability arising from your use of any third-party website, content, service, or software accessed through the Cumshot.Your communications or dealings with, or participation in promotions of, sponsors, advertisers, or other third parties found through the Cumshot, are solely between you and such third parties. You agree that the Cumshot shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with such sponsors, third parties or advertisers, or as the result of their presence on the Cumshot.

16. Permitted Disclosures of Personal Information

The Cumshot generally does not collect personally identifiable information (data such as your name, email address, password, and the content of your communications) unless you submit or communicate Content through the Cumshot, or register with us in order to use certain features of the Cumshot. The Cumshot will not disclose any personally identifiable information it collects or obtains except: (i) as described in these Terms of Service or our Privacy Policy; (ii) after obtaining your permission to a specific use or disclosure; (iii) if the Cumshot is required to do so in order to comply with any valid legal process or governmental request (such as a court order, search warrant, subpoena, civil discovery request, or statutory requirement); (iv) as required to protect the Cumshot’s property, safety, or operations, or the property or safety of others; or (v) to a person that acquires the Cumshot, or the assets of the Cumshot’s operator in connection with which such information has been collected or used; or (vi) as otherwise required by law.

17. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Cumshot, its site operator, its parent corporation, their respective affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns from and against any and all claims, damages, judgments, awards, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Cumshot; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Cumshot. You agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.

18. Disclaimers

YOU USE THE CUMSHOT AT YOUR SOLE RISK. WE PROVIDE THE CUMSHOT ‘AS IS’ AND ‘AS AVAILABLE’. TO THE FULLEST EXTENT PERMITTED BY LAW, THE CUMSHOT, ITS SITE OPERATOR AND THEIR RESPECTICVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE CUMSHOT AND GOODS OR SERVICES PURCHASED AND OBTAINED THROUGH THE CUMSHOT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE CUMSHOT.WE MAKE NO WARRANTY OR REPRESENTATION ABOUT THE ACCURACY OR COMPLETENESS OF THIS CUMSHOT’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS CUMSHOT OR THAT THE CUMSHOT WILL MEET YOUR REQUIREMENTS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE CUMSHOT OR OUR SERVICES, (III) 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 THE CUMSHOT OR OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE CUMSHOT OR OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY 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 CUMSHOT OR OUR SERVICES. THE CUMSHOT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CUMSHOT OR OUR SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND, THE CUMSHOT 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.

NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE CUMSHOT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

19. Limitation of Liability

To the fullest extent allowed by law, the Cumshot, its site operator, its parent corporation and their respective officers, directors, employees, and agents shall not be responsible or liable to you for any loss or damage of any sort incurred as the result of the following:

  • delaying, rejecting or removing any or all Content at any time for any or no reason whatsoever with or without notice to you,
  • modifying or discontinuing temporarily or permanently, the Cumshot (or any part thereof) with or without notice to you for any or no reason whatsoever,
  • immediately terminating your access to the Cumshot for any or no reason whatsoever and with or without notice to you,
  • the accuracy, usefulness or availability of any information posted to or through the Cumshot,
  • any user Content that does not get recorded, or is deleted, or for any similar unsatisfactory results or user Content,
  • any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of your use of any Content posted, emailed, transmitted, or otherwise made available via the Cumshot,
  • personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Cumshot,
  • any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
  • any interruption or cessation of transmission to or from our Cumshot,
  • any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our Cumshot by any third party, and/or
  • any loss or damage of any sort incurred by you as a result of interactions you have with third-party advertisements or service providers, or third-party websites, found on or through the Cumshot, including payment and delivery of related goods or services, and any other terms, conditions, policies, warranties or representations associated with such dealings.

In no event shall we be liable to you for any incidental, indirect, punitive, statutory, exemplary, expectation, special, or consequential damages whatsoever (including damages for loss of profit, loss of goodwill, interruption, loss of business information or any other financial loss) in association with any individual or class-action claim, or any loss, damage, action, suit or other proceeding relating to or arising under or out of the Terms of Service, even if we have been notified of the possibility of such damages, whether the action is founded upon contract, infringement of intellectual property rights, tort, negligence or other grounds.

YOU SPECIFICALLY ACKNOWLEDGE THAT THE CUMSHOT SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.

20. Limitation on Time to File Claims

REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE CUMSHOT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

21. Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

22. Entire Agreement

The Terms of Service, our Privacy Policy, our Copyright Policy and any documents they expressly incorporate by reference constitute the sole and entire agreement between you and us with respect to the Cumshot and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Cumshot.

23. Assignment

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

24. Fees

You acknowledge that the Cumshot reserves the right to charge for its services and to change its fees from time to time in its discretion. Furthermore, in the event the Cumshot terminates your rights to use the Cumshot because of a breach of these Terms of Services, you shall not be entitled to the refund of any unused portion of subscription fees.

25. Miscellaneous

No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.

Except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to this agreement. For the purpose of clarity, the Cumshot’s representatives, managers, partners, joint venturers, employees, and agents are intended third-party beneficiaries.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Service.

The headings in these Terms of Service are for convenience only and have no legal or contractual effect.

We may terminate these Terms of Service for any or no reason at any time by notifying you through a notice on the Cumshot, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder. Upon termination of the Terms of Service, you will no longer have a right to access your account or your Content. We will not have any obligation to assist you in migrating your data or your Content and we may not keep any back up of any of your Content. We will not be not responsible for deleting your Content. Note that, even if your Content is deleted from our active servers, it may remain in our archives (but we have no obligation to archive or back-up your Content), and subject to the licenses set forth in these Terms of Service.