Welcome to www.sexmagnet.co.za (“Sexmagnet”). By accessing Sexmagnet you are agreeing to the following terms, which are designed to make sure that Sexmagnet works for everyone. Sexmagnet is provided to you by Gold Start PTY Ltd, also referred to below as “Sexmagnet”. This policy is effective February 19th, 2014.
Age and Legal Right to Access.
By subscribing or registering to this website, you warrant that you are at least 18 years of age and that you are familiar with the local and federal laws in your area affecting your legal right to access adult oriented materials; that you have the legal right to access adult orientated materials and Sexmagnet has the legal right to transmit them to you. Furthermore, you warrant that you are accessing adult orientated materials for your own private enjoyment and that you will not make these materials available to any minor.
As a condition of your use of Sexmagnet you agree that you will not:
– violate any laws;
– violate the Posting Rules;
– post any threatening, abusive, defamatory, obscene or indecent material or comments;
– be false or misleading;
– infringe any third-party right;
– distribute or contain spam, chain letters, or pyramid schemes;
– distribute viruses or any other technologies that may harm Sexmagnet or the interests or property of Sexmagnet users;
– impose an unreasonable load on our infrastructure or interfere with the proper working of Sexmagnet;
– copy, modify, or distribute any models or advertiser’s content without their consent;
– use any robot spider, scraper or other automated means to access Sexmagnet and collect content for any purpose without our express written permission;
– harvest or otherwise collect information about others, including email addresses or any other contact information, without their consent;
– bypass measures used to prevent or restrict access to Sexmagnet.
You are solely responsible for all information that you submit to Sexmagnet and any consequences that may result from your profile being uploaded. We reserve the right at our discretion to refuse or delete or take-down content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user’s usage of the site either temporarily or permanently, or refuse a user’s registration.
Sexmagnet and the Sexmagnet community work together to keep the site working properly and the community safe. Please report problems, offensive content and policy breaches to us using the following email address firstname.lastname@example.org.
Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Sexmagnet if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off Sexmagnet or not, we do not accept any liability for monitoring Sexmagnet or for unauthorized or unlawful content on Sexmagnet or use of Sexmagnet by users. You also recognise and accept that Sexmagnet is not under any obligation to monitor any data or content which is submitted to or available on the site.
Fees and Services.
Using Sexmagnet is generally free, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you’ll be able to review and accept terms that will be clearly disclosed at the time you pay for the service. Our fees are quoted in South African Rands, and we may change them from time to time. We’ll notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.
Our fees are non-refundable, and you are responsible for paying them when they’re due. If you don’t, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.
Sexmagnet contains content from us, you, and other users. Sexmagnet is protected by copyright laws and international treaties. Content displayed on or via Sexmagnet is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from Sexmagnet without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Sexmagnet. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Sexmagnet (other than your own content). When you give us content, you are granting us and representing that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content.
8 U.S.C. § 2257.
The models, escorts, masseuses, actresses and other persons that appear in any visual depiction appearing or otherwise contained in this Website (Sexmagnet) were over the age of eighteen (18) years at the time of the creation of such. Sexmagnet hereby certifies that this website, and all graphic images associated therewith, is EXEMPT from both the recordkeeping and labeling requirements of 18 U.S.C. § 2257, because no images of “actual sexually explicit conduct” are contained within. All photographers / producers are required to submit proper documents of the model, stating that her age is over 18, when submitting photos, and movies to Sexmagnet.
Images on this Web site are copyrighted by Sexmagnet and may not be reproduced in any manner without written permission of Sexmagnet. Sexmagnet owns copyrights in the selection, arrangement and coordination of such Content. Sexmagnet permits access to Content that is protected by copyrights, trademarks, and other intellectual property and proprietary rights (“Rights”); these Rights are valid and protected in all media and technologies existing now or later developed; and except as explicitly provided otherwise, the TAC, applicable copyright and other laws govern your use of Content.
Sexmagnet grants you access to make personal use of this site but not to modify it, or any portion of it. Nothing on this site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Sexmagnet. You may not use any meta tags or any other “hidden text” utilizing any of our trade names or trademarks without our consent in writing. Any unauthorized use terminates the permission or license to access this site. Consent to deviate from any of the above must be from Sexmagnet and in writing with an actual (as opposed to electronic) signature. We do not believe we are infringing anyone’s intellectual property rights. Any complaint that we are infringing a copyright must comply with the provisions of the Digital Millennium Copyright Act.
You agree not to hold Sexmagnet responsible for things other users post or do. We do not review users’ postings and are not involved in the actual transactions between users. Sexmagnet does not offer any adult orientated services in its own capacity but, simply provides its registered models and advertisers a platform to do so. As most of the content on Sexmagnet comes from other users, we do not guarantee the accuracy of postings, content or user communications or the quality, safety, or legality of what’s offered on Sexmagnet.
In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.
We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Sexmagnet, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, delict, negligence, strict liability in delict, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 (one hundred) South African Rands.
In order to ensure the security and reliable operation of the site for all users, Sexmagnet reserves the right at its discretion to take whatever action it finds necessary to preserve the security, integrity and reliability of its network and back-office applications. Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act, 2002 (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Sexmagnet and its affiliates, agents and/or partners.
Resolution of disputes.
If a dispute arises between you and Sexmagnet, we strongly encourage you to first contact us directly to seek a resolution by contacting us at the following email address email@example.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
These terms and the other policies posted on Sexmagnet constitute the entire agreement between Sexmagnet and you, superseding any prior agreements.
To the extent permitted by applicable law, this Agreement shall be governed and construed in all respects by the laws of South Africa. You agree that any claim or dispute you may have against Sexmagnet must be resolved by the courts of South Africa, and you and Sexmagnet both agree to submit to the non-exclusive jurisdiction of Western Cape, South Africa.
Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.