1. Introduction
Welcome to Jerkmate ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the Jerkmate website, mobile applications, and services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. Please read these Terms carefully before using our Services.
Our Services are intended for adults only. By using our Services, you represent and warrant that you are at least 18 years of age (or the age of legal majority in your jurisdiction, whichever is higher).
2. Eligibility
To use our Services, you must:
- Be at least 18 years old (or the age of legal majority in your jurisdiction, whichever is higher);
- Have the legal capacity to enter into a binding agreement with us;
- Not be prohibited from using the Services under applicable law; and
- Comply with these Terms and all applicable local, state, national, and international laws and regulations.
If you are accessing or using the Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and you agree to be bound by these Terms on behalf of that entity.
3. Account Registration
To access certain features of our Services, you may need to create an account. When you create an account, you agree to:
- Provide accurate, current, and complete information;
- Maintain and promptly update your account information;
- Keep your account credentials secure and confidential;
- Not share your account with anyone else; and
- Notify us immediately of any unauthorized access to or use of your account.
You are solely responsible for all activities that occur under your account. We reserve the right to suspend or terminate your account if any information you provide is inaccurate, false, or incomplete, or if you have violated these Terms.
4. Services Description
Jerkmate provides an adult entertainment platform that allows users to view live webcam performances by models, participate in chat rooms, and access premium content. Our Services may include:
- Live webcam streaming;
- Public and private chat rooms;
- Premium recorded content;
- Virtual currency (credits) for tipping and accessing premium features;
- Membership subscription options; and
- Other related features and services.
We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of our Services.
5. Payment Terms
5.1 Pricing and Fees
We offer various payment options, including subscription plans and pay-per-view options. All prices are displayed in the currency specified on our website and may vary by region. We reserve the right to change our prices at any time.
5.2 Billing
By providing a payment method, you authorize us to charge you for the Services you use. For subscription plans, you will be billed on a recurring basis (monthly, quarterly, or annually) until you cancel your subscription. You are responsible for all charges incurred under your account.
5.3 Refunds
All purchases are final and non-refundable, except as required by applicable law. If you believe you have been charged in error, please contact our customer support team within 7 days of the charge.
5.4 Virtual Currency (Credits)
Credits are our virtual currency that can be used to tip models, access private shows, and purchase premium content. Credits have no cash value and cannot be exchanged for cash. Credits do not expire as long as your account remains active. If your account is terminated for any reason, any remaining credits will be forfeited.
6. User Conduct
When using our Services, you agree not to:
- Violate any applicable law, regulation, or these Terms;
- Harass, abuse, threaten, or intimidate any user or model;
- Post, upload, or transmit any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, or otherwise objectionable;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Interfere with or disrupt the Services or servers or networks connected to the Services;
- Use any robot, spider, scraper, or other automated means to access the Services;
- Attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services;
- Use the Services for any commercial purpose without our prior written consent;
- Engage in any activity that could disable, overburden, damage, or impair the Services; or
- Encourage or enable any other individual to do any of the foregoing.
We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including removing the offending content, suspending or terminating the account of such violators, and reporting them to law enforcement authorities.
7. Content Policy
7.1 User Content
You are solely responsible for any content you post, upload, or transmit through our Services ("User Content"). By posting User Content, you represent and warrant that:
- You own or have the necessary rights to use and authorize us to use your User Content;
- Your User Content does not violate the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights; and
- Your User Content does not violate these Terms or any applicable law or regulation.
7.2 Prohibited Content
The following types of content are strictly prohibited on our Services:
- Content involving minors or individuals under the age of 18 (or the age of legal majority in your jurisdiction, whichever is higher);
- Content depicting non-consensual acts, violence, or abuse;
- Content promoting illegal activities;
- Content that violates the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights; and
- Any other content that, in our sole discretion, is inappropriate or violates these Terms.
We reserve the right to remove any content that violates these Terms or that we find objectionable for any reason, without prior notice.
7.3 Content Monitoring
We do not actively monitor all User Content, but we reserve the right to review and moderate any User Content. We may remove any User Content at any time, for any reason, without notice.
7.4 Reporting Violations
If you believe that any content on our Services violates these Terms or any applicable law, please report it to us immediately using the reporting tools provided on our platform or by contacting our customer support team.
8. Intellectual Property
8.1 Our Intellectual Property
The Services, including all content, features, and functionality, are owned by us, our licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:
- Your computer may temporarily store copies of such 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; and
- You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
8.2 License to User Content
By posting, uploading, or transmitting any User Content, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit such User Content in connection with the Services and our business, including for promoting and redistributing part or all of the Services.
9. Privacy
Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and disclose information about you in connection with your use of the Services. By using our Services, you consent to the collection, use, and disclosure of your information as set forth in our Privacy Policy.
10. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE MAKE NO GUARANTEES REGARDING THE QUALITY, ACCURACY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES AT YOUR OWN RISK.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
12. Indemnification
You agree to defend, indemnify, and hold harmless us, our affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any rights of another.
13. Termination
We may terminate or suspend your access to all or part of the Services, with or without notice, for any conduct that we, in our sole discretion, believe violates these Terms, is harmful to other users, us, or third parties, or for any other reason.
You may terminate your account at any time by following the instructions on our website or by contacting our customer support team. Upon termination, your right to use the Services will immediately cease, and any unused credits or subscription time will be forfeited.
All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
14. Modifications to Terms
We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by email or by posting a notice on our website prior to the changes becoming effective. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the modified Terms.
It is your responsibility to review these Terms periodically to stay informed of updates. If you do not agree with the modified Terms, you must stop using the Services.
15. Governing Law
These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the jurisdiction in which we are headquartered, without giving effect to any principles of conflicts of law.
Any legal action or proceeding arising out of or relating to these Terms or your use of the Services shall be brought exclusively in the federal or state courts located in our jurisdiction, and you consent to the personal jurisdiction of such courts.
16. Miscellaneous
16.1 Entire Agreement
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and us concerning the Services.
16.2 Waiver
Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our authorized representative.
16.3 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed severed from these Terms, and the remaining provisions will continue in full force and effect.
16.4 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without our consent shall be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction.
16.5 No Agency
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and neither party has any authority of any kind to bind the other in any respect.