Terms of Use

Last Modified: March 12, 2025

OVERVIEW AND DEFINITIONS

The PLAD8 Team ("PLAD8", "we", "our", or "us"), wholly owned by Data Vanilla, LLC, provides a website and app where people can publish, access, share, and/or view writings, images, photographs, art, video, audio and other media, where people can engage with others for dating, friendship, and other connections (collectively, the "Service" or the "Services"). By using the Services, whether browsing pages or using applications, by clicking on third-party links, or by utilizing services and features such as member profiles (both your own and others), chat, dating pool, cafe, planner and/or calendars, media albums, email, contests, club listings, or any other feature, by uploading, publishing or viewing any form of media, or commenting, liking, or otherwise interacting with any of the above, or by participating in any contest or sponsor program, you ("User", "Member", "Content Provider", "you" or "your") agree to be bound by this Terms of Use Agreement ("Agreement").

User agrees that PLAD8 has, by making the Services available to User, provided fair and equitable consideration for entering into this Agreement. This Agreement sets out the legally binding terms of your use of the Services and may be modified by us from time to time, with such modifications effective upon posting to this page; specifically located by clicking on the link entitled "Terms of Use" found at the bottom of any page of PLAD8.com.

This Agreement sets forth the understanding between the parties and governs your use of the Service, including any and all communications you have with others, and any and all Content ("Content", meaning, without limitation all information, writings (including but not limited to email, forum postings, event postings, cafe postings, likes, comments, etc.), images, text, photos, video, art, selections of multiple-choice boxes, lists, content, media and materials, all software, code, design, text, scripts, messages, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, spoken statements, music, audio-visual works and recordings, slides, portraits, works of authorship, animated and/or motion pictures, interactive features, caricatures, likenesses, profiles, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the Services, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world) you publish (hereinafter "publish" or "post") or view on the Services. You may also receive a copy of this Agreement by contacting us at the address located in the Contacting Us section of this Agreement and requesting our "Terms of Use Agreement".

SEXUALLY EXPLICIT ADULT ONLY CONTENT

THIS SITE MAY CONTAIN NUDITY AND SEXUALLY EXPLICIT MATERIAL SHARED BY MEMBERS, INCLUDING BUT NOT LIMITED TO GRAPHIC PICTURES, IMAGES, VIDEO, AUDIO, AND WRITINGS, AND SHOULD ONLY BE VIEWED BY ADULTS 18 YEARS OF AGE OR OLDER AND OF LEGAL AGE TO VIEW SEXUALLY EXPLICIT MATERIAL AS DETERMINED BY THE LOCAL AND NATIONAL LAWS OF THE REGION IN WHICH YOU RESIDE. BY ACCESSING THE SITE, YOU AGREE AND WARRANT TO PLAD8 THAT YOU WISH TO SEE SEXUALLY EXPLICIT MATERIAL, ARE AN ADULT, AT LEAST 18 (OR 21, DEPENDING UPON YOUR INDIVIDUAL LOCAL OR NATIONAL LAWS REGARDING ACCESS TO ADULT SUBJECT MATTER) YEARS OF AGE, ARE INTENTIONALLY AND KNOWINGLY SEEKING ACCESS TO SUCH EXPLICIT MATERIALS FOR YOUR OWN PERSONAL USE, ARE NOT OFFENDED BY SEXUALLY EXPLICIT MATERIAL, NOR DO YOU FIND IT OBSCENE OR DEMEANING TO YOURSELF NOR TO ANY OTHER PERSON OR GROUP, ARE NOT LEGALLY PROHIBITED FROM USING THIS SITE BASED UPON YOUR LOCATION OR STATUS, ACKNOWLEDGE THAT EVERYONE FEATURED ON THIS SITE WAS AT LEAST 18 YEARS OF AGE AT THE TIME THAT CONTENT WAS CREATED, AND FULLY AGREE TO THIS TERMS OF USE AGREEMENT. YOU AGREE TO NOT ACCESS ANYTHING ON THIS SITE IF IT IS ILLEGAL TO DO SO IN YOUR LOCATION OR COMMUNITY, AND/OR YOU ARE OFFENDED BY SEXUALLY EXPLICIT CONTENT, AND/OR YOU ARE YOUNGER THAN 18 YEARS OF AGE (OR 21 YEARS OLD DEPENDING ON YOUR LOCATION).

ADDITIONAL TERMS

1. Self Publishing Service

You recognize and accept that the Service is a monitored service which enables you and others to publish any Content you (or they) want, subject to legal limitations and to policies stated herein, using the space and utilities provided (self-publishing). Your use of the Service to upload and/or publish any Content designates you as a "Content Provider" under the law and terms of this agreement. As a Content Provider, for all Content you upload and/or publish on the Service, you are required to:

  • Verify the identity and age of all persons depicted in the Content to ensure that all persons depicted are adults, and to be able to provide supporting documents upon request.
  • Obtain and keep on record written consent from all persons depicted in the Content specific to the following areas:
    • Consent to be depicted in the Content
    • Consent to upload the Content to the Service
    • Consent to allow for the distribution of the Content on the Service, where it will be viewable by other Members

2. Non-Commercial Use

The Services are intended to connect people for leisure experiences only. You agree that under no circumstances will you ever use the Service to sell or require payment to view any photos, videos, or other Content, nor to promote any commercial enterprise or endeavor without explicit written permission from the PLAD8 Team.

3. Prohibited Conduct and Uses

You agree not to use the Service for any unlawful purposes or activities. Specifically, the following conduct or usage is strictly prohibited:

a. Prostitution and Escort Services: Engaging in, promoting, or facilitating prostitution or escort services. The Service may not be used to offer, solicit, or engage in any form of sexual services in exchange for any form of compensation.

b. Sexual Exploitation: Any activity that involves sexual exploitation or human trafficking is strictly prohibited. This includes, but is not limited to, recruiting, harboring, transporting, providing, or obtaining individuals for the purpose of sexual exploitation.

c. "Revenge Porn" and Non-Consensual Media: Publishing or sharing media of a sexually explicit activity, or simulated sexually explicit activity, involving your previous intimate partners or anyone other than yourself without the other parties' knowledge, explicit permission and consent is strictly prohibited. All media you publish or share on the Service must comply with USC 2257 (see below) and any and all applicable laws in your local jurisdiction.

d. Download or Distribution of Content: You may access Content on the Service exclusively and only while signed into the Service via its official website or its official apps as they are made available. Downloading, screen capturing, recording, saving, or any form of archival of Content on the Service, as well as further distribution of any such Content, other than such Content as you produced or own outright, is strictly prohibited.

e. External Links, QR Codes, or Commercial Promotion in any Content: Hyperlinks, QR codes or any other mechanism known or developed in the future with the purpose of linking to external URLs, websites, apps, etc., or any form of external commercial promotion, in any Content you publish on the Platform is strictly prohibited without prior written permission from PLAD8, either in the form of a specially assigned user role that explicitly grants such permission(s) if any, or via a separate addendum to this Agreement which is mutually agreed to and signed by both parties.

f. Malware, Spam, or Hacking: Attempting to publish, promote, or distribute software of a malicious ("Malware") or promotional nature ("Spam"), or attempting to extract personal information, authorization credentials, or Content of any user of the Platform that you do not have permission to access, or attempting to access unpublished/unsupported endpoints and URLs on the Platform and its related API(s) ("Hacking") is strictly prohibited. PLAD8 will aggressively pursue all available remedies, including working with law enforcement in pursuit of criminal charges, for any such illegal activity.

Any reports or discovery of such prohibited uses or any other illegal activity are taken very seriously. Should illegal activity be confirmed, it will result in your account and registration information being permanently banned from the Service, and we will aggressively report and refer any illegal activity to appropriate law enforcement.

While you are not required to show your face on PLAD8, any and all media content that you publish for viewing in "The Pool" must be composed primarily of yourself and/or any of your Linked Partners with their consent. Media content in The Pool that is not directly and substantially representative of yourself and/or your Linked Partners will be deleted, and your account may be temporarily or permanently banned. Examples of media content that are not permitted in The Pool include: landscapes, abstract art, AI generated works, pets or animals, or any scene or composition that is entirely devoid of your physical representation.

4. Monitored Service

PLAD8 monitors all communications and Content on the Services for compliance with the law, via a combination of machine learning technologies, software and human moderation, prior to Content being made available for other members on the Services. Members may publish any content they want, provided such content adheres to these Terms and all applicable laws. Any user found to be violating these standards may have action taken against them without notice which ranges from deletion of Content, to deletion of profiles and accounts, to being barred from the Service, to referrals to law enforcement and other authorities. We may at our discretion, or as required by law or partner companies, review member profile text, photos, images, audio, video or any submitted Content, and we may randomly or specifically review comments, email, events, chats, or any other Content, including those which are otherwise password protected to or hidden from the general public to check for compliance with the standards stated herein; that PLAD8 may do this, User agrees that this does not in any way form an obligation or expectation that PLAD8 will do this and, as such, User will not place any reliance on PLAD8 to moderate or otherwise keep the Service void of any illegal, illicit or otherwise objectionable Content. PLAD8 assumes no responsibility for any Content generated, produced, uploaded, or shared by you, and no responsibility for the conduct of any user ("user" includes you, it includes other members, and includes non-members).

You understand, acknowledge, and agree that no monitoring process at large scale can ever be 100% effective at preventing all disallowed content in real time, and PLAD8 assumes no liability or responsibility for any disallowed Content that may inadvertently escape identification during any review process; notwithstanding the foregoing, PLAD8 will take every reasonable step to remove disallowed Content promptly upon its identification. PLAD8 provides a contact for reporting and alerting us to Content that may be illegal, violates copyrights or otherwise violates our standards or causes other problems for us or our members. We will review and resolve all reported complaints within seven (7) business days and will then immediately remove any violating Content found. You can file such reports via the "Report Content" link at the bottom of every page on the website.

The Service contains multi-user, participatory services, including but not limited to forums, blogs, chat, feeds, contests, events and invitations, and other message and communication facilities ("Forums") that may provide you and other users an opportunity to submit, upload, post, display, transmit and/or exchange information, ideas, opinions, information, files, messages, transmissions and Content with other users. The Services permit the submission of videos, photos, text and other communications submitted by you and other users ("Submissions") and the hosting, sharing, and/or publishing of such Submissions. You understand that whether or not such Submissions are published, PLAD8 does not guarantee any confidentiality with respect to any submissions. Forums, as well as all other aspects of the Service, including your IP address, are not guaranteed to be secure or private and you should assume your Content, information and submissions can be read and even copied by others, with or without your knowledge or permission. Although a particular feature of the site may have a policy of limited membership or restricted access, PLAD8 shall have no liability if unauthorized persons nevertheless obtain access to your Content or other information. Your use of the Services is at your own risk.

PLAD8 does not endorse and has no control over the Content that members produce and share, and PLAD8 expressly disclaims any and all liability in connection with user Submissions. You understand that when using the Service, you will be exposed to Submissions from a variety of sources, and that PLAD8 is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You use the Service solely at your own risk, you are solely responsible for the Content that you post on or through any of the Service, and any material or information that you transmit to other users and for your interactions with other Users. You further understand and acknowledge that you may be exposed to Submissions that are 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 PLAD8 with respect thereto, and agree to indemnify and hold PLAD8, its owners and operators, affiliates, contractors, partners, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Services. PLAD8 neither endorses nor controls user postings available, delivered or displayed anywhere on the Services, and PLAD8 assumes no duty to endorse Content anywhere on the Service, nor does PLAD8 represent or guarantee the truthfulness, accuracy or reliability thereof or that any posting complies with the terms or conditions of this Agreement, and you should never rely upon any Content as being true, accurate or reliable.

You understand, acknowledge and agree that Content originating from any member is the sole responsibility of the individual(s) associated with that member profile. This means that you, and not us, are entirely responsible for the consequences of all your Content on the Service. Content does not reflect the views of PLAD8, nor any of its affiliates. In no event shall PLAD8 or any affiliates have or be construed to have any responsibility or liability for or in connection with any Content whatsoever; provided, however, if we determine, in our sole discretion and judgment, that any Content does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to use the Service; (b) remove and delete Content; (c) revoke your ability to use the Service; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses, blocking specific payment methods, or suspending or deleting your account on the Service, or requesting similar measures with our billing partners. You retain any of your existing ownership rights in your Content.

5. Representations and Warranties

As a user of the Service, you understand, represent, warrant, and agree that;

  • You are over 18 years of age, or 21 years of age, whichever is the minimum age to view adult only explicit content for your geographic and political location and its corresponding law.
  • You will be solely responsible for setting, managing and securing your passwords, and are fully responsible for all activities that occur under your username and password.
  • Any account you create is to be used exclusively by and for yourself. All descriptions, photos, information and other Content in your member profile will be a truthful, accurate, and current representation and presentation of yourself. Member accounts are NOT transferable.
  • You are solely responsible for any and all Content that you publish on the Service and/or transmit to others.
  • You will never post any Content depicting any person or persons who were not at least 18 years of age at the time the Content was created, and have verified that no person in any Content is under the age of 18 years.
  • You will not publish any Content that contains child exploitation materials nor any suggestion of same.
  • You will not publish any Content with depiction of non-consensual activities.
  • You will not publish any Content that in any way promotes of facilitates human trafficking, sex trafficking, or physical abuse.
  • Any and all Content you choose to publish to the Service is compliant with the relevant portions of U.S.C. 2257 and any other applicable laws in your local jurisdiction, including verifying the legal ages of, and obtaining and keeping records of written consent of any other persons depicted in the Content as required by law.
  • Your use of the Service, whether publishing or viewing anything thereon, as well as any communications and/or interactions you have with others, is entirely voluntary; you can stop your use of the Service at any time, and there is nothing forcing you to participate. You are solely responsible for Content you view and/or publish, and for your interactions with others.
  • PLAD8 may, either directly or via our authorized representatives, and without any need for explanation or reason, review, suspend, and/or delete anything you publish.
  • If you or anyone else using the Service is in any way damaged by anything arising from your use of the Service, with such damage(s) being financial, psychological, physical, or otherwise you agree to indemnify PLAD8 and its owners, as well as all officers, directors, employees, representatives and agents, and hold them harmless from any such damage(s).
  • We may at our discretion, and without notice, log onto your account to review text, photos, audio and video, or any media or Content you have submitted, even those which are unavailable to the general public, to check for compliance with the standards stated herein and take appropriate action therefrom as stated above.
  • Any abuse on the Services or via usage of the Services, in PLAD8's sole and arbitrary judgment, may result in suspension of various privileges or usages of the Services, up to and including the suspension or termination and deletion of your account and bans on future usage.
  • You agree that other official notices and policies found elsewhere on the Services are hereby incorporated into this Agreement.
  • You agree not to gain unauthorized access to the Service, other users' accounts, names, personally identifiable information or other computers, websites or pages, connected or linked to the Service or to use the Service in any manner which violates or is inconsistent with the terms and conditions of this Agreement.
  • You agree not to modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Service or the rights or use and enjoyment of the Services by any other person, firm or enterprise.
  • You may not use any computerized or automatic mechanism, including without limitation, any web scraper, offline reader, spider or robot, to access, extract, capture, or download any Content from the Service. You agree not to use or launch any automated system that accesses the site in a manner that sends more request messages to the Services in a given period of time than a human can reasonably create by using a conventional on-line web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from publicly (i.e. non-member) accessible sections of the Services for the sole purpose of creating publicly available, searchable indices of those materials, but not caches or archives of such materials, and this exception specifically does not apply to user submitted Content of any form. We reserve the right to revoke these exceptions either generally or in specific cases.
  • You will abide by standards of conduct and decency which are in line with the general online swinger community, as well as all laws. Violation of this, in PLAD8's sole and absolute discretion, may result in PLAD8 taking appropriate action against you including, without limitation, deleting content, removing your account(s) from the Service, reporting to law enforcement authorities, and other legal actions. User represents and warrants that you will not directly or indirectly engage in any activity nor post any Content that:
    • is in any way illegal or unlawful for you to personally view or post according to rules, regulations, and/or laws of your specific geographic local community where you reside and which you are personally responsible for knowing and complying with;
    • you do not own the copyright to or constitutes an infringement, misappropriation or violation of any person's intellectual property rights such as copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights, or other rights;;
    • provides access (either directly or via links) to an illegal or unauthorized copy of another person's copyrighted work, such as computer programs, music, videos, photographs, art, etc;
    • providing information to circumvent manufacturer-installed copy-protect devices;
    • constitutes, or could be construed as, harmful matter or indecent communications to minors;
    • constitutes, or could be construed as, child pornography or the abuse of children;
    • constitutes, or could be construed as, being abusive to animals;
    • harasses or advocates harassment of another person or group;
    • is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • is illegal, threatening, abusive, hateful, defamatory, libelous, slanderous, or injurious to the reputation of any person or entity;
    • involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
    • provides instructional information about activities such as making or buying weapons, violating someone's privacy, or creating or distributing computer viruses;
    • solicits passwords or personally identifying information from others;
    • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files and, in any program, file, data stream or other material contains viruses, worms, "Trojan horses" or any other destructive feature, regardless of whether damage is intended or unintended, which may cause damage to any computer equipment, loss or corruption of data or programs, or inconvenience to any person or entity;
    • is either directly or indirectly an unapproved advertisement of any form for commercial purposes;
    • promotes or solicits for any competing business to PLAD8.

As the provider of the Service, PLAD8 represents and warrants that it will use commercially reasonable efforts to maintain the Service in good working order, online most of the time, and available to people in general on the internet where sexually-oriented adult content is accessible and not otherwise blocked by technology and/or laws which are out of our direct control. We make no representations or warranties with regards to data integrity, availability, archives, security or backups. We strongly encourage you to keep local backups on your own computer of all your data and information, and to not post any personally identifiable information on the Service. PLAD8 makes absolutely no representations or warranty's on data integrity or security of any Content or other information including, but not limited to, photos, text, emails, preferences, profile settings, ip addresses, email addresses, or credit card information. Nor do we make any representations or warranties about any member, any posting (including but not limited to events, email, photos, chat, profile details, etc), or any online or offline interactions you have with other members.

6. Free and Paid Access and Cancellation Policy

a. Some things on PLAD8 may be free of cost to access, such as seeing general event postings or accessing some Content via free or uncertified/unverified membership accounts which have limited rights and features. PLAD8 reserves the right to change the pages, rights and features accessible by free and/or uncertified/unverified accounts at any time, and without notice. Other pages, rights and features require paid and/or certified/verified status and may be subject to subscription fees and/or other fees. Signing up for a paid account is optional, and all such paid accounts will be automatically set up on an auto-billing basis that will bill your preferred payment option on the recurring date of your upgrade, per the cycle you chose (e.g. monthly, quarterly, etc) until such time as you cancel your account ("evergreen"), or until such time as we terminate your access to or use of the Service in accordance with these Terms. All payment processing is handled via our billing partner, CCBill, and you are required to agree to their own separate terms of service and policies to apply your payments to a paid membership on PLAD8. PLAD8 reserves the right to change the pages, rights and features accessible by paid accounts at any time, and without notice. PLAD8 will provide its best efforts to maintain a comparable or better level of features and service for paid tiers, however this may not always be possible due to regulations or fluctuating costs of operating the service and platform. There are no partial refunds for cancellations and terminations prior to the next billing cycle, however any such cancellation or termination shall end any future billings; there are no minimum terms. Furthermore, if your account is terminated due to any violation of this Agreement, or of any violation of other policies related to your use of the Services, you agree that there are no refunds for such terminated accounts. You acknowledge that PLAD8 reserves the right to change its fees from time to time at its sole discretion. If PLAD8 terminates your account because you have breached the Agreement, you shall not be entitled to a refund of any unused portion of fees. Your right to use any paid and/or certified/verified required portions of the Service is subject to any limits established by us. If payment cannot be successfully completed, or your charge or payment transaction is returned to us or rejected for any reason, we reserve the right to either suspend or terminate your access and account. Deleting any account may permanently delete all email, friends, community memberships, photos, blogs, text and other Content you had in your profile.

b. Cancelling a Subscription: You may cancel your subscription at any time for any reason by visiting the My Account page and following the current links and instructions to do so via our billing partner platform. PLAD8 does not permanently store any of your billing information other than unique account identifiers that tie your membership to your payment records on CCBill, and other information temporarily as required to facilitate moderation, safety and compliance needs.

7. Proprietary Rights of PLAD8

PLAD8 owns and retains all proprietary rights in the Service and in the Content it publishes on its own behalf thereon, as well as all programming code, user-interface designs, database methodologies, and systems design. The Service also contains copyrighted material, trademarks, and other proprietary rights and property of PLAD8 and our partners, vendors, and licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, replicate, duplicate, or sell any such proprietary information. PLAD8 may utilize unaffiliated third-party service providers to supply various products and services including, but not limited to, hosting services, internet connectivity, data processing, subscription billing, storage of account information, and for the transmission of emails, among other things.

8. Copyright Policy and Grant of License

All images, writings, and content published on the Service, or used in creating the Service, are protected by copyright. You are solely liable for what you publish on the Service. You warrant and represent that you will not post, distribute, duplicate, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Furthermore, by posting any Content, you hereby grant to PLAD8 a non-exclusive, royalty-free, fully paid, perpetual, unrestricted, irrevocable worldwide license to use, reproduce, modify, publish, edit, adapt, create derivative works from, translate, distribute, perform, display and otherwise exploit such Content and all elements thereof alone or as part of other works in any form, media, or technology, whether now known or hereafter developed or discovered, in connection with the Service and PLAD8's (and its successors') businesses, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels, and to license and sub-license such rights through multiple tiers of sub-licenses, all without any notification or obligation to you, or extra compensation, attribution or otherwise, except for the accompanying publication of your profile username. You also accept that people who view the things you have published can easily themselves make copies of that Content, even if they shouldn't, and so you hereby release PLAD8 from any expectation or obligation to create, purchase, or deploy technology to prevent such unauthorized copying. You acknowledge and accept that various search engines may spider, index and display part or all of your Content, whether or not PLAD8 maintains a policy expressly forbidding it, and that PLAD8 assumes no liability for such actions of any third party.

Notice and Procedure for Making Claims of Copyright Infringement Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the Service should be sent ONLY to our Designated Agent. NOTE: The following information is provided solely for notifying the service providers referenced below that your copyrighted material may have been infringed.

DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT. WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Written notification must be submitted to the following Designated Agent:
Service Provider(s):
PLAD8 Legal
2205 W 136th Avenue Ste 106 PMB 2409
Broomfield, CO 80023

E-mail Address of Designated Agent:
[email protected].

For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to [email protected]. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
(1) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
(2) Identification of the copyrighted work (or works) that you claim has been infringed;
(3) A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
(4) A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material; (5) Your name, address, telephone number, and e-mail address;
(6) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(7) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

9. Privacy Policy

Use of the Service is governed by our Privacy Policy, which is hereby incorporated into this Agreement by reference. The Privacy Policy may be found by clicking on the link entitled "Privacy Policy" located at the bottom of the home page of PLAD8.com.

10. U.S.C. 2257 Compliance

Use of the Service is governed by our U.S.C. 2257 Compliance Statement, which is hereby incorporated into this Agreement by reference. The U.S.C. 2257 Compliance Statement may be found by clicking on the link entitled "2257" located at the bottom of the home page of PLAD8.com. Should you choose to utilize and publish content on the Service, you agree that you are the primary producer of such content, and thus you assume all liability for the production and publishing of such content, and represent that any and all such content is in compliance with all relevant portions of U.S.C. 2257 and any and all other applicable laws in effect in your local jurisdiction, including the maintaining of all required documentation.

11. Links to Third-Party Web Sites

The Service contains links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of PLAD8 and User explicitly agrees that PLAD8 is not responsible for the content on any Linked Site; including, without limitation, anything published on a Linked Site, any changes or updates to a Linked Site, nor even if the Linked Site is working appropriately. The appearance, availability, or your use of Linked Sites does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of PLAD8, its owners or affiliates, or any of its or their respective officers, directors, employees, contractors, partners, agents, representatives, licensors, suppliers, and service providers, successors and permitted assigns. You are personally responsible for viewing and abiding by the privacy policies and terms of use agreements posted at any Linked Site you visit. Furthermore, any activity or dealings with third parties (including advertisers) linked to from the Service, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party; PLAD8 shall not be responsible nor liable for any part of any such activity or dealings.

12. Disclaimers

PLAD8 is not responsible for any user Content published on the Service, or in connection with the Service, whether by you or by other members or users. PLAD8 is not responsible for the conduct, whether online or offline, of any member or user of the Service. PLAD8 assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of the Service, Content or any member or other user communications. The Service and/or any features thereof may at any time fail or be subject to computer hacking, copying or phishing (including your IP address), and PLAD8 disclaims any responsibility for such events and makes no representations regarding the security nor the permanence of any data, including backups. PLAD8 is not responsible for any problems or technical malfunction of any telephone network or data lines, computer systems, networking equipment, computer servers and related equipment, software, failure of email, or traffic congestion on the internet or at any web site or combination thereof, which causes or results in injury or damage to User or to any other person. Under no circumstances will PLAD8 be responsible for any loss or damage, including but not limited to personal injury or death, resulting from your use of the Service, any Content posted on the Service or transmitted to or from User, any lack of online or offline security, or any interactions between User and others, whether online or offline. That PLAD8 may, in its sole and absolute discretion, review photos, video and/or other Content, and may even delete some Content from the system before or after it is published, does not in any way imply that PLAD8 is expected or obligated to do so.

THE SERVICE IS PROVIDED "AS-IS" AND PLAD8 DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES, CONDITIONS OF MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PLAD8 DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO ITS SERVICES. FURTHERMORE, PLAD8 IS NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY ANY THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO, USERS, LICENSORS, LICENSEES, PARTNERS, CLUBS, PROMOTERS, NON-PROFITS, PHOTOGRAPHERS, AND ADVERTISERS), NOR FOR ANY THIRD PARTY SITES THAT CAN BE LINKED TO FROM THE SERVICE.

13. Liability Limitations

IN NO EVENT SHALL PLAD8 BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY USE OF THE SERVICES, OR FROM THE PERFORMANCE OR NON-PERFORMANCE OF PLAD8 AND/OR ITS USERS, AFFILIATES, AGENTS, OR AUTHORIZED REPRESENTATIVES UNDER ANY PROVISION OF THIS AGREEMENT, EVEN IF PLAD8 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOR FOR ANY MISTAKES SUCH AS ALLOWING OR DISALLOWING ANY CONTENT. NOR FOR ANY ACTS OR OMISSIONS OF ANY THIRD PARTY EVEN IF SUCH PERSON OR BUSINESS WAS REFERRED BY PLAD8. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THIS SECTION SHALL NOT LIMIT EITHER PARTY'S LIABILITY TO THE OTHER FOR WILLFUL AND MALICIOUS MISCONDUCT OR FULFILLMENT OF ANY INDEMNIFICATION OBLIGATIONS HEREUNDER. FURTHERMORE, IT IS HEREBY AGREED THAT PLAD8'S SOLE LIABILITY TO USER FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE MONETARY AMOUNT PAID, IF ANY, BY USER TO PLAD8 FOR THE SERVICE DURING THE TERM OF USER'S USE. YOU ASSUME ALL RISKS IN YOUR USE OF THE SITE AND SERVICE, AND ALL FEATURES THEREOF (E.G. MEDIA ALBUMS, CHAT, CAFE, FORUMS, EMAIL, PROFILE DETAILS, EVENTS, ETC). THIS INCLUDES, WITHOUT LIMITATION, ANY PRIVACY, IDENTITY, COPYRIGHT, EMOTIONAL, ECONOMIC, AND/OR PHYSICAL DAMAGES THAT YOU MAY INCUR.

Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have PLAD8, upon written notice from you, attempt to repair, correct or replace any deficient goods or services under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable, to refund any monies actually paid by you for the Services and/or products involved and to terminate and discontinue your registration and use of the Services. You further understand and acknowledge the capacity of the Services, in the aggregate and for each user, is limited and some messages and transmissions may not be processed in a timely fashion or at all, and some services, features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that PLAD8 assumes no liability, responsibility or obligation to transmit, process, store, receive, deliver or secure transactions or Content or IP addresses, or for any failure or delay associated with any Content or other information and you are hereby expressly advised not to rely upon the timeliness or performance of the Services for anything.

14. User Disputes

PLAD8 does not moderate Content of users. You may find other users Content to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and safety when using the Service. You are solely responsible for your interactions with other users. Because PLAD8 is not involved in user interactions, if you have a dispute with one or more users who have posted, viewed, or used Content on the Service, you hereby release PLAD8, including its officers, directors, agents, subsidiaries and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

15. Term and Termination

This Agreement will remain in full force and effect for as long as you use the Services. You may terminate your use at any time and for any reason. PLAD8 may terminate your account(s) and/or delete Content (if any) at any time and without reason, with no notice required. Even after this Agreement is terminated, certain provisions will remain in effect, including but not limited to sections 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, and 21 of this Agreement.

16. Binding Arbitration, Applicable Law and Venue, Attorneys Fees.

This Agreement is governed by, and will be interpreted and enforced in accordance with the laws of the State of Colorado, without regard to principles of conflict of laws. Any claim or dispute arising under this Agreement may only be brought in arbitration, pursuant to the rules of the American Arbitration Association, with venue in the city of Denver in the state of Colorado. Each of User and PLAD8 consents to this method of dispute resolution, as well as jurisdiction, and consents to this being a convenient forum for any such claim or dispute and waives any right it may have to object to either the method or jurisdiction for such claim or dispute. In the event of any dispute among the parties, the prevailing party shall be entitled to recover damages plus reasonable attorneys fees, and the decision of the arbitrator shall be final, binding and enforceable in any court.

17. Indemnity

You agree to indemnify and hold PLAD8, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of any provision in this Agreement. This defense and indemnification obligation will survive termination of this Agreement and your use of the Services.

PLAD8 reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with PLAD8 in the defense of any such claim, action, settlement or compromise negotiations, as requested by PLAD8.

18. Entire Agreement, Severability and Force Majeure

This Agreement, accepted upon use of the Service, contains the entire agreement between User and PLAD8 regarding the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Furthermore, no party shall be responsible for any failure to perform due to unforeseen circumstances.

19. Changes

PLAD8 has the right, at its sole discretion, and without necessity of notice, to modify either this Agreement and/or the Service at any time. Changes to this Agreement will be posted on PLAD8.com as described above in this Agreement so that you may review it. If any portion of this Agreement or any change to the Service is unacceptable to you then you should immediately discontinue your use of the Service; continued use of the Service means that you have accepted and are bound by this Agreement and any changes made hereto.

20. Notices

Any notices to PLAD8 are to be sent to the agents as detailed in the Contacting Us section contained herein.

Any notices to User will be sent to the email address provided to us in your account on the Service.

21. Language

It is expressly agreed that it is the will of both PLAD8 and User that this Agreement, as well as the Privacy Policy and all other policies and notices contained on the Service, have been drawn up in English.

CONTACTING US

If you have any questions, comments or requests regarding this Agreement, you can contact us:

By mail:
PLAD8 Legal
2205 W 136th Avenue Ste 106 PMB 2409
Broomfield, CO 80023

By email:
[email protected]