Terms & Conditions
Last Updated: January 31, 2023
Acceptance of the Agreement
Acceptance of the Agreement These terms of use are entered into between you and the individual or entity featured on the Website (“Model,” “Company,” “we,” or “us”). The following terms, together with any documents they expressly incorporate by reference (collectively, this “Agreement”), govern your access to and use of vikinglust.com, including any content, functionality, and Services (“Services”) offered on or through vikinglust.com (the “Website”), whether as a Guest or a registered User.
Please read this agreement carefully before you start to use the Website. By using the Website, you agree to be bound and abide by this agreement and our Privacy Policy, found at our Policy Page, incorporated by reference. If you do not want to agree to this agreement or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18-years old or older. By using this Website, you state that you are of legal age to form a binding contract with the Model, you have the legal capacity and you agree to comply with this agreement, you are not a minor in the jurisdiction in which you reside, and your use of the Website will not violate any applicable law or regulation. If you do not meet all these requirements, you must not access or use the Website.
Definitions
“Agreement”, refers both to the document you are reading right now — the Terms of Use — and the Privacy Policy. Even though the Privacy Policy may be displayed on another web page, it is considered part of this Agreement, and accepting the Agreement means accepting both the Terms of Use and the Privacy Policy.
“Model,” “Company,” “we,” or “us” shall refer to the party providing the Services on the Website to the User in exchange for the Fees.
“Payment Method” shall mean the method of payment which You use to purchase your Membership including, but not limited to, credit card, debit card, bank transfer, cryptocurrencies, money order, or online checks.
“Fees” means amounts paid or payable to Company in exchange for Membership under this Agreement using a Payment Method. Fees are posted on the Website which forms a part of this Agreement.
“Website” shall be the website to which you are purchasing a Membership or accessing the Services.
“Membership” shall be the access granted to a User for a certain period of time, based on the details of their purchase, to the Website for the purpose of using the Services.
“Services” shall be the limited, non-transferable license to view images, videos, or other content from the Website and navigate different areas of the Website.
“Guest” shall be an individual accessing the publicly-available version of the Website without an active Membership.
“User” shall be an individual, of or over the age of majority in the jurisdiction where they are located who has a Membership or rightfully accesses the Website.
“Privacy Policy” shall refer to a document detailing our collection and handling of Guests’ and Users’ data.
“Interactive Services” shall include any message boards, chat rooms, profiles, forums, bulletin boards, and other interactive features that the website may or may not include.
“Chargebacks” shall mean a request you file directly with your card company or bank to invalidate Fees.
Changes to the Agreement
We may revise and update this agreement from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website from then on. But any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Your continued use of the Website after the posting of the revised agreement means that you agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We may withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that all persons who access the Website through your Internet connection are aware of this agreement and comply with it.
To access the Website 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 Website that all the information you provide on the Website is correct, current, and complete. You acknowledge that all information you provide to register with this Website or otherwise, including through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat that information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and you will not provide any other person with access to this Website or parts of it using your username, password, or other security information. You will promptly notify us of any unauthorized access to or use of your username or password or any other breach of security. You also will ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We may disable any account, username, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any part of this agreement.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of it) are owned by the Model, the Model’s licensors, or other providers of that material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
This agreement permits you to use the Website for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:
- Your computer may temporarily store copies of those materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication, or distribution.
- You may download or print a copy of any part of the premium content to which you have properly gained access solely for your personal, noncommercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, on condition that you agree to be bound by the Company’s end user license agreement for those applications.
- If we provide social media features with certain content, you may take those actions as are enabled by those features.
You must not:
- Modify copies of any materials from this Website.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text without explicit, written approval from us.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of this agreement, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Model. Any use of the Website not expressly permitted by this agreement is a breach of this agreement and may violate copyright, trademark, and other laws.
Trademarks
The Model’s name, the Model’s logo, the Website’s domain name, and all related names, logos and service names, designs, and slogans are the Model’s service marks, trademarks, and trade names. You must not use those marks without the Model’s written permission. All other names, logos and service names, designs, and slogans on this Website are the service marks, trademarks, or trade names of their respective owners.
Prohibited Use
You may use the Website only for lawful purposes and in accordance with this agreement. You must not use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including any laws regarding the export of data or software to and from the U.S. or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in this agreement.
- To transmit, or procure the sending of, any advertising or promotional material our written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Model, another User, or any other person or entity (including by using email addresses or usernames associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Model or Users of the Website or expose them to liability.
- Additionally, you must not: Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise try to interfere with the proper working of the Website.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We are not making any warranty about the accuracy, completeness, or usefulness of this information. Any reliance you place on that information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on those materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other Users, bloggers, and third-party licensors, syndicators, aggregators, or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Model, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the Model’s 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.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are not required to update that material.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Memberships
Recurring Billing. By starting a Membership and providing or designating a Payment Method, you authorize our third-party payment process to charge you a monthly membership Fee at the then-current rate, and any other charges you may incur in connection with your use of the Website.
Price Changes. We may adjust pricing for our service or any components of it in any manner and at any time as we may determine in our sole discretion.
Billing Cycle. The Membership fee for our service will be billed at the beginning of the paying part of your membership and each billing cycle afterwards, as indicated on the payment page at the time of initial purchase, until you cancel your membership.
Refund requests are handled on a case-by-case basis by CCBill’s Consumer Support department.
Cancellation. You may cancel your Membership at any time, and you will continue to have access to the Membership area through the end of your monthly billing period.
Buying Digital Content Individually
The Website may offer you the ability to buy digital content on an individual basis. If it does, you may buy digital content individually without purchasing a Membership. The price of the digital content will be the price indicated on the order pages when you placed your order. It is your responsibility to check the price before buying digital content. Unless the payment page indicates otherwise (for example, VAT taxes are collected from EU Users), pricing excludes any taxes or currency transmission charges, which are extra costs charged to you. We may adjust pricing for individual digital content at any time as we may determine in our sole discretion.
We accept payment through our third-party payment processor. You must pay for the digital content before you download it.
If you think an invoice is wrong, please contact us promptly to let us know. If you fail to notify us within 30 days of receiving the invoice, you waive any disputed charges. We will correct any mistakes in an invoice and credit them against your future purchases.
Refund requests are handled on a case-by-case basis by CCBill’s Consumer Support department.
Linking to the Website and Social Media Features
You may link to our homepage, on condition that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in a way that suggests any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send emails or other communications with certain content, or links to certain content, on this Website.
- Cause limited parts of content on this Website 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 we provide with respect to those features. Subject to the foregoing, you must not: Establish a link from any website that is not owned by you.
- Cause the Website or parts of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site.
- Link to any part of the Website other than the homepage.
- Otherwise take any action with respect to the materials on this Website that is inconsistent with any other part of this agreement.
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 this agreement.
You will cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable any social media features and any links at any time without notice at our discretion.
Links from the Website
If the Website 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 the contents 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. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms of use for those websites.
Geographic Restrictions
We make no claims that the Website or any of its content is accessible or appropriate in your country. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from countries that prohibit adult-oriented content, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.
Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. The Website, its content, and any services or items obtained through the Website are provided “as is” and “as available,” without any warranties of any kind, either express or implied. Neither the Model nor any person associated with the Model is making any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website. Neither the Model nor anyone associated with the Model represents or warrants that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Website or the server that makes it available are free of viruses or other harmful components, or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.
We hereby disclaim all warranties of any kind, whether express or implied, statutory, or otherwise, including any warranties of merchantability, noninfringement, and fitness for particular purpose.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
Limitation on Liability
To the fullest extent provided by law, in no event will the collective liability of the Model, the Model’s affiliates, or their licensors, service providers, employees, agents, officers, or directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $250 or the amount you have paid to the Model for the applicable content, or service in the last three months out of which liability arose. Nor will the Model, the Model’s affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website or those other websites or any services or items obtained through the Website or those other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
Indemnification
You will defend, indemnify, and hold harmless the Model, the Model’s affiliates, licensors, and service providers, and the Model’s and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this agreement or your use of the Website, any use of the Website’s content, services other than as expressly authorized in this agreement or your use of any information obtained from the Website.
Indemnification
United Kingdom law governs all matters relating to the Website and this agreement and any dispute or claim arising from or related to it (in each case, including non-contractual disputes or claims) without giving effect to any choice or conflict of law provision or rule (whether of United Kingdom or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, this agreement or the Website not subject to arbitration will be instituted exclusively in the federal courts of the United States or the courts of the state of United Kingdom, although we may bring any suit, action, or proceeding against you for breach of this agreement in your country of residence or any other relevant country. You waive all objections to the exercise of jurisdiction over you by those courts and to venue in those courts.
Binding Arbitration
All claims and disputes arising under or relating to this agreement or this Website are to be settled by binding arbitration. The arbitration will be conducted by Arbitration Resolution Company by choice, and the parties will be bound by all rules of Arbitration Resolution Company by choice and any award/decision rendered. Any decision or award as a result of any such arbitration will be in writing and will provide an explanation for all decisions. Any such arbitration will be conducted by an arbitrator experienced in electronic commerce and will include a written record of the arbitration hearing. Any award of arbitration may be confirmed in a court of competent jurisdiction.
Class Action Waiver
All claims arising out of or relating to this agreement or the Website must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless the Model agrees otherwise, the arbitrator must not consolidate more than one person’s claims.
Limitation on Time to File Claims
All claims arising out of or relating to this agreement or the Website must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless the Model agrees otherwise, the arbitrator must not consolidate more than one person’s claims.
Waiver and Severability
No waiver by the Model of any term stated in this agreement will be deemed a further or continuing waiver of that term or a waiver of any other term, and any failure of the Model to assert a right or provision under this agreement will not constitute a waiver of that right or provision.
If any provision of this agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision will be eliminated or limited to the minimum extent so that the remaining provisions of this agreement will continue in full effect.
Entire Agreement
This agreement and our Privacy Policy constitute the entire agreement between you and the Model regarding the Website and supersede all earlier and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. Additional terms may also apply to specific portions, services, or features of the Website. Any additional terms are incorporated by this reference into this agreement.
Electronic Communications, Transactions, and Signatures
Visiting the Website, sending us emails, and completing online forums constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that that communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Website. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
California Users and Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
Feedback
We encourage you to give feedback about the Website. But we will not treat as confidential any suggestion or idea you give, and nothing in this agreement will restrict our right to use, profit from, disclose, publish, or otherwise exploit any feedback, without compensation to you.
Your Comments and Concerns
All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@vikinglust.com.