Platform Acceptable Use Policy


Please read this Acceptable Use Policy carefully before using our Platform or Services.
You should also read our Platform Terms of Use, User Terms & Conditions, Privacy Policy, and Cookie Policy (which we may subsequently refer to in the policy that follows).
1 OUR ACCEPTABLE USE POLICY
1.1 This Acceptable Use Policy, which incorporates our Content Guidelines, sets out the contribution standards for any and all material (texts, images, videos, audios, and all other kinds of material) which you contribute, upload, or otherwise share on our Platform, including in connection with any interactive or user-to-user features offered on our Platform (“Contribution”). This includes, for example, any Content uploaded by Creators and any messages or interactions between users on our Platform.
1.2 In case of any discrepancy between the Content Guidelines and this Platform Acceptable Use Policy, this Platform Acceptable Use Policy prevails.
1.3 Please read this Acceptable Use Policy carefully before you start using our Platform or Services. By using our Platform or Services, you confirm that you accept the terms of our Platform Acceptable Use Policy and that you agree to comply with it. If you do not agree to complying with this policy, you must not use our Platform or Services.
1.4 Our Platform and Services are not directed at any person under the age of 18 years old. You must be at least 18 years old to use our Platform and Services. Further, if the age of majority (the age at which you are legally considered an adult) in any jurisdiction applicable to you is above the age of 18, then it is your responsibility to ensure you have met any such applicable age of majority before using our Platform and Services.
2 OTHER APPLICABLE TERMS
2.1 This Acceptable Use Policy refers to the following additional terms, which also apply to your use of our Platform:
(a) Our Privacy Policy, which sets out the terms on which we process any personal data collected from you, or that you provide to us. By using our Platform, you consent to such processing, and you warrant that all personal data provided by you to us is accurate, complete, and up to date.
(b) Our Cookie Policy, which sets out information about the cookies and similar technologies on our Platform.
(c) Our Platform Terms of Use, which sets out the rules for using our Platform.
(d) Our User Terms and Conditions, which set out information about our relationship with you if you register with us as a Fun Seeker or Creator.
2.2 Other terms and definitions used in these terms of use may be found in the above additional terms and will have the same meaning in these terms of use as they do there.
3 WHO WE ARE AND HOW TO CONTACT US
3.1 We are Clitflicks you can contact us at admin@clitflickspinups.com
we can also be contacted clitflickstv@gmail.com Twitter “ X “ @clubhouse121
more info to follow
(a) a brief description of the reason of your contacting us; and
(b) your contact details (including name, your account identification as per your registration on our Platform, email address, telephone number and postal address).
4 CHANGES TO THIS POLICY AND TO OUR PLATFORM
4.1 We may amend this policy from time to time by amending this page. Every time you wish to use our Platform, please check this policy to ensure you understand the terms that apply at that time. This policy was most recently updated on Sunday 16/06/2024
4.2 We may update our Platform from time to time, and may change its content at any time, including (but not limited) to reflect changes to our services, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.
4.3 Please note that we are under no obligation to update any content on our Platform which may be out of date at any given time.
5 PROHIBITED USES
5.1 You may not use our Platform in any way which may have the effect of being reasonably thought (either by us or by any other potential user) to potentially:
(a) breach any applicable local, national or international law or regulation;
(b) be unlawful or fraudulent or have any unlawful or fraudulent purpose or effect;
(c) involve the disclosure of sexual or otherwise intimate materials (images, videos or otherwise) without the express consent of the persons who appear in such materials (including, for example, “downblouse” and “deepfake” material) (see also clause 7.5 on collaborative material);
(d) harm minors or animals or any other living creature in any way;
(e) bully, insult, intimidate or humiliate any person (unless that person has expressly consented to such bullying, insulting, intimidating, or humiliating BDSM and pain acts being done onto them, such as when a Fun Seeker user has expressly requested to purchase content which includes such acts done by the applicable Creator which are targeted at that Funseeker);
(f) involve or amount to child sexual exploitation or abuse; or
(g) involve or amount to the uploading or sharing of terrorist content.
5.2 You may not use our Platform to:
(a) send, knowingly receive, upload, download, use or re-use any material which does not comply with our contribution standards (as set out below in this policy);
(b) transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
(c) transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
5.3 You also agree not to:
(a) reproduce, duplicate, copy, re-sell, or otherwise deal with any part of our Platform in contravention of the provisions of our Platform Terms of Use; and
(b) access without authority, interfere with, damage, or disrupt any part of our Platform, any equipment or network on which our Platform is stored, any software used in the provision of our Platform or any equipment or network or software owned or used by any third party.
6 INTERACTIVE SERVICES
6.1 We may from time to time provide interactive services on our Platform. For example, as part of our Platform and/or Services, you are are allowed to message, chat, or otherwise interact with other registered users on our Platform. Further, if you are registered as a Creator, you may be given the functionality of uploading Content on our Platform to be viewed, purchased, and accessed by Fun Seekers.
6.2 We are under no obligation to oversee, monitor or moderate any interactive service we provide on our Platform, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our contribution standards, whether the service is moderated or not.
6.3 You understand, acknowledge, agree, and accept that any interactions you may have with other users is at your own risk. You are solely responsible for your decision(s) to interact with other users on the Platform in any way.
7 CONTRIBUTION STANDARDS – GENERAL
7.1 These contribution standards apply to any and all Contributions and to any interactive services associated with it. The contribution standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
7.2 We will determine, in our discretion, whether a Contribution breaches our contribution standards.
7.3 Any and all Contributions must:
(a) be accurate (where it states facts);
(b) be genuinely held (where it states opinions); and
(c) comply with the law applicable in England and Wales and in any jurisdiction from which it is posted.
7.4 In addition to clause 7.3, any and all Contributions must not have the effect of being reasonably thought (whether by us or by any other potential user) to potentially:
(a) contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published may understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
(b) include or make reference to child sexual exploitation or abuse or child pornography materials or any other acts that constitute child sexual offences;
(c) include or make reference to any person under 18 years old;
(d) include, make reference to, or promote violence, threats to kill or harm another person, self-harm or suicide, or potentially dangerous (whether to themselves or to others) levels of intoxication;
(e) be threatening to others, abuse or invade another’s privacy, or cause needless inconvenience, needless distress, or needless anxiety (unless it can be demonstrated by the applicable user that the publication of such Contribution is in the public interest)
(f) be for the purposes of (whether solely or partly) of harassing, upsetting, embarrassing, alarming, or distressing any other person (unless it can be demonstrated by the applicable user that the publication of such Contribution is in the public interest);
(g) put any other person in fear of violence;
(h) be for the purposes (whether solely or partly) of blackmailing another person (including, for example, revenge porn);
(i) in contravention of any applicable law, include, make reference to, or promote the use of drugs and psychoactive substances;
(j) in contravention of any applicable law, include, make reference to, or promote weapons, firearms, or any other goods for which sale, possession or use is subject to prohibitions or restrictions;
(l) include or promote sex trafficking;
(m) include, make reference to, or promote any sexual act (i.e., any act reasonably thought to have the purpose or effect of sexual arousal) which:
(i) threatens or is likely to threaten a person’s life;
(ii) results, or is likely to result in, serious injury to a person’s anus, breasts or genitals (including, for example, genital or breast mutilation, or the insertion or use of any sharp object into or in relation to such body parts);
(iii) involves sexual interference with a human corpse (e.g., necrophilia);
(iv) involves sexual interference with animals (whether dead or alive) (e.g., bestiality);
(v) appears, or is likely to appear, non-consensual or non-willing;
(n) include, make reference to, or promote any sexual act which is grossly offensive, disgusting or otherwise of an obscene character.
(o) include, make reference to, or promote any sexual act between family members (e.g., incest) (or such acts which would reasonably appear to amount to incest);
(p) disclose (or threaten to disclose) sexual or otherwise intimate materials (images, videos or otherwise) without the express consent of the persons who appear in such materials (including, for example, “down blouse” and “deep fake” material) (see also clause 7.5 on collaborative material);
(q) include or make reference to any other persons (be it names, images, or any other information or material that could disclose that person’s identity) unless you have obtained the express consent of such persons for the use of their name or image or otherwise in the Contribution (see also clause 7.5 on collaborative material);
(r) deceive any person;
(s) incite violence or hatred (i.e., feelings of animosity or rejection) against a group of persons or a member of a group of persons on any ground, including but not limited to sex, gender identity, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, nationality, property, birth, disability, serious illness/disability, age, or sexual orientation;
(t) amount to – or otherwise advocate, promote, incite any party to commit, or assist – any unlawful or criminal act under any applicable law;
(u) be defamatory of any person (or give rise to an allegation of defamation);
(v) bully, insult, intimidate or humiliate any person (unless that person has expressly consented to such bullying, insulting, intimidating, or humiliating acts being done onto them, such as when a Fun Seeker user has expressly requested to purchase content which includes such acts done by the applicable Content Creator which are targeted at that Fan;
(w) infringe the rights (including intellectual property rights) of any other person;
(x) breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(y) be in contempt of court;
(z) impersonate any person or mispresent your identity or affiliation with any person;
(aa) give the impression that the Contribution emanates from Clitflicks Pinups, if this is not the case;
(bb) contain any advertising that does not comply with our contribution standards for advertising (see clause 8 below);
(cc) breach any other terms of our Platform Acceptable Use Policy; or
(dd) promote any services or web links to other sites that offer services which would not comply with this Platform Acceptable Use Policy or any of our other terms.
7.5 Collaborative material: Where your Contribution includes, features, or makes reference to any other persons, you must obtain the express consent of that person for your use of their name or image or otherwise in the applicable Contribution. This express consent must be communicated to us (to be verified and approved by us at our discretion) by any one of the following ways:
(a) If the other person featured in your Contribution is a registered user on our Platform, then that other person must email us at admin@clitflickspinups.com, setting out the following details:
(i) their user registration details (including email address used to register their account on the Platform and account name); and
(ii) their confirmation that they expressly consent to being included, featured, or referred to in the applicable Contribution.
(b) If the other person featured in your Contribution is not a registered user on our Platform, then that other person must email us at admin@clitflickspinups.com , setting out the following details:
(i) their full name;
(ii) evidence which, in our discretion, sufficiently demonstrates that they are at least 18 years old;
(iii) a photo of themselves holding up their evidence of age and holding up a piece of paper with their name, email address, date, and the word “Clitflicks” clearly written on that paper;
(iv) a model release form duly signed by them (the blank form as made available to you via the Platform); and
(v) their confirmation that they expressly consent to being included, featured, or referred to in the applicable Contribution.
7.6 We may ask you or that other person featured in your Contribution for additional information pursuant to clause 7.5 above for the purposes of our verifying and approving the consent. We may not grant approval if we do not receive such additional information from you, or if we do not receive the information within a reasonable time of our asking for it.
7.7 Unless and until you and that other person have obtained our verification or approval further to submitting the information in clause 7.5 above, you cannot upload the applicable Contribution which features that other person.
7.8 Whenever you upload a Contribution onto the Platform, you warrant that your Contribution complies with our contribution standards and the terms of this Platform Acceptable Use Policy more generally. You will be liable to us (and will indemnify us) for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
8 CONTRIBUTION STANDARDS – ADVERTISING
8.1 In addition to the contribution standards above, note that any and all Contributions must not contain advertising for:
(a) cigarettes or other tobacco products, electronic cigarettes or electronic cigarette refill containers, and prescription-only materials; and
(b) alcoholic drinks that are aimed specifically at under 18s (or otherwise encouraging immoderate consumption of alcohol).
8.2 If you know or may reasonably be expected to know that your Contribution contains any form of advertising (including, but not limited to, paid product placements, sponsorships, or endorsements), you must declare that your Contribution contains such advertisement by declaring this in the beginning of the content description with the words “[Contains ads]”. This declaration will then be visible to us and to other users on the Platform.
8.3 Any advertising included in your Contribution must not have the effect of being reasonably thought (whether by us or by any other potential user) to potentially:
(a) prejudice respect for human dignity;
(b) include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
(c) encourage behaviour prejudicial to health or safety;
(d) encourage behaviour grossly prejudicial to the protection of the environment;
(e) encourage any illegal behaviour or promote any illegal products or services;
(f) cause physical, mental or moral detriment to persons under the age of 18;
(g) exhort persons under the age of 18 to purchase or rent goods or services in a manner which exploits their inexperience or credulity;
(h) encourage persons under the age of 18 to persuade their parents or others to purchase or rent goods or services;
(i) exploit the trust of persons under the age of 18 in parents, teachers or others;
(j) unreasonably show any persons in dangerous situations; or
(k) be in breach of any other contribution standards in our Platform Acceptable Use Policy.
9 EXPLICIT MATERIAL
9.1 Some Content uploaded by Creators may contain material that may reasonably be thought (whether by us or by any other potential user) to have the purpose or effect of sexual arousal (“explicit material”). Examples of explicit material include, but are not limited to, material which has the effect of being reasonably thought (whether by us or by any other potential user) to potentially:
(a) include, depict, refer to, or otherwise imply full or partial nudity;
(b) include, depict, expose, or otherwise imply the exposure of the genitals, anus, nipples on a femme-presenting body, or ejaculate;
(c) include, depict, or otherwise imply any form of penetration of the vagina or anus, including penetration with a penis, finger, or any other object;
(d) include, depict, refer to, or otherwise imply items and materials that may be sold in adult sex shops (including, but not limited to, sex toys or paraphernalia);
(e) include, depict, refer to, or otherwise imply sexually explicit language for the purpose or effect of sexual gratification (for example, sexting);
(f) include, depict, refer to, or otherwise imply sexual sounds for the purpose or effect of sexual arousal;
(g) include, depict, refer to, or otherwise imply the intentional touching (either directly or through clothing) of the genitalia, breasts, buttocks, or any other body part for the purpose or effect of sexual arousal;
(h) depict or otherwise imply the depiction of any sexual kinks and fetishes; or
(i) have an R18 rating in the UK.
9.2 Most material on this platform will be expicit
9.4 For the avoidance of doubt, any Contribution, whether containing explicit material or not, must comply with our contribution standards as set out in our Platform Acceptable Use Policy in force from time to time.
9.5 If you come across any Content that breaks our policy please notify us by contacting us at admin@clitflickspinups.com
10 COMPLAINTS
10.1 If you become aware of any material that may comprise or may be connected to:
(a) child sexual abuse or exploitation;
(b) terrorist content or terrorism;
(c) non-consensual or non-willing intimate and/or sexual-related content;
(d) sexual interference with or otherwise abuse of animals; or
(e) acts which are (or appear to be) threatening to any other person.
you are required to report this to us immediately by filing a report using the ‘Report’ button on the applicable Content containing such material, and/or by contacting us at admin@clitflickspinups.com markeD URGENT.
Failure to promptly report in accordance with this clause 10.1 is a breach of this policy for which we may take further action against you (see clause 11).
10.2 Without prejudice to clause 10.1, if you want to complain about any other Contribution on our Platform (for example, if you want to report a Contribution that you think may be in breach of our contribution standards), please file a report using the ‘Report’ button on the applicable Content or applicable user’s profile and/or otherwise contact us at admin@clitflickspinups.com.
10.3 If you know or suspect that any user on the Platform is under the age of 18, please report this to us by filing a report using the ‘Report’ button on the applicable user’s profile and/or contact us at admin@clitflickspinups.com.
10.4 When contacting us with a complaint, please provide the following the information which would enable us to better address your concerns:
(a) your full name and email address;
(b) your account identification as per your registration on our Platform;
(c) if your complaint relates to a specific Contribution, details of that Contribution (including the user responsible for that Contribution and a link to the applicable Contribution) and any supporting evidence; and
(d) as much information as possible about your complaint and the reason for your complaint.
10.5 We will endeavour to address your complaints as soon as possible. We reserve the right and discretion to investigate, act upon, and determine any complaints as we deem appropriate.
10.6 We have the right and discretion to disclose your identity to any third party who is claiming that any Contribution posted or uploaded by you to our Platform constitutes a violation of their intellectual property rights, or of their right to privacy. We will though, endeavour to conduct reasonable investigations into such claims/complaints (for example, to assess the legitimacy of such claims/complaints) prior to taking any steps towards disclosing your identity (as we see fit).
10.7 If we have received a complaint about you and/or any of your Contributions, we reserve the right to withdraw your right to use our Platform at any time without further notice to you and/or remove the applicable Contributions from our Platform whilst we investigate the complaint. See clause 11 below for the action we may take if we consider that you may have breached our Platform Acceptable Use Policy.
10.8 We will endeavour to inform you of the reason for suspension or removal of your Contribution or account whenever possible. If you want to complain about any action which we may have taken against you, please contact us at admin@clitflickspinups.com.
11 BREACH OF THIS POLICY
11.1 When we consider that a breach of this Platform Acceptable Use Policy has occurred, we may take such action as we deem appropriate.
11.2 Failure to comply with this Acceptable Use Policy constitutes a material breach of the terms upon which you are permitted to use our Platform, and may result in our taking all or any of the following actions:
(a) immediate, temporary or permanent withdrawal of your right to use our Platform and/or Services;
(b) immediate, temporary or permanent removal of any Contribution uploaded by you to our Platform;
(c) issue of a warning to you;
(d) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(e) further legal action against you; and/or
(f) disclosure of such information to law enforcement authorities as we reasonably feel may be necessary or as required by law.
11.3 The removal of any Contribution on the Platform pursuant to clause 11.2(b) may have the consequence of removing, disabling, or otherwise affecting a users’ access to the applicable Contribution, including but not limited to Contributions in the form of Contents purchased by Fun Seekers from applicable Creators. We shall not be liable for any loss or damage suffered by users arising out of or in connection with such removal of Contributions from our Platform.
11.4 The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
11.5 If you have registered with us as a Fun Seeker or a Creator, please also refer to clause 14.1 of our User Terms & Conditions for Fans and clause 17.1(c) of our User Terms & Conditions for Content Creators (as applicable) for our right to end any Contract between you and us and/or to disable your account if you breach any of our terms, including any breach by you of this Platform Acceptable Use Policy.
11.6 To the fullest extent permitted by applicable law, we exclude our liability for all action we may take in response to breaches (whether by yourself or by other users of our Platform) of this Acceptable Use Policy. However, we do not exclude or limit our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by the laws of England and Wales.
11.7 For more information about our liability to you, please refer to our Platform Terms of Use and our User Terms & Conditions for Fun Seekers and Creators (as applicable).
12 TRANSFERRING OUR RIGHTS AND OBLIGATIONS
We can transfer our rights and obligations under this policy to any third party, provided this does not adversely affect your rights under this policy.
13 APPLICABLE LAW AND JURISDICTION
13.1 This Acceptable Use Policy (including our Content Guidelines) and its subject matter, performance, non-performance, and formation – and your use and proposed use of our Platform and/or Services more generally – shall be governed and construed exclusively in accordance with the laws of England and Wales.
13.2 You and we both agree that the courts of England and Wales shall have exclusive jurisdiction to settle any difference or dispute or claim (including non-contractual differences or disputes or claims) arising out of or in connection with this Platform Acceptable Use Policy and its subject matter, performance, non-performance, and formation and your use and proposed use of our Platform and/or Services more generally.