Terms of use
- Service
- The Agreement
- License & table-of-content
- Support service
- Fees and Payment
- Cancellation
- Your responsibilities
- Suspension/Discontinuation
- Copyright
- Trade marks
- Force Majeure
- Disclaimer of Warranties
- Governing Law
- Copyright Policy
- Take down Policy
- Age Verification Policy
Terms of use
Service
The Site and the Service, including all features and functionalities, our website and user interfaces, and all content associated therewith (the "Orgasmic Fun Games service" or "service") are offered under the terms and conditions stated in this document, called Terms of Use (these "Terms") together with the other agreements and documents referenced herein, including any future amendments to any of the foregoing (collectively, the "Agreement"). By using the Site and/or the Service, either as a Member User, a recipient of an e-mail from a registered user, or the user of Orgasmic Fun Games ("you" or "your"), you agree to the Agreement. You agree the Agreement is a binding contract between you and Upsell Ltd. with its registered office in 40b Wellington Road, Pinner, Middlesex, United Kingdom, HA5 4NL, (“Upsell Ltd.", “we”), the company that owns and operates the Orgasmic Fun Games website (the "Site"). If you do not wish to be bound to these Terms, you should immediately stop using the Site and the Service.
The Agreement
No contract or agreement is formed and you have no rights to the Service, unless and until Upsell Ltd. has agreed to provide you the Service. Upsell Ltd. may amend or modify the Agreement at any time, without prior notice. The changes become effective immediately upon posting such amended or modified terms on the Site or if Upsell Ltd. otherwise notifies you of such amended or modified terms. If you continue using the Site and/or the Service after Upsell Ltd. so posts or provides such notice of such amendments or modifications, you have accepted the Agreement as amended or modified. If you do not accept and abide by such amended or modified Agreement, you should not use the Site or the Service.
License & Content
License
Upsell Ltd. is pleased to grant you a non-exclusive limited license to use the Orgasmic Fun Games Services, including accessing and viewing the Content on a downing-only basis through the site, for personal, non-commercial purposes as set forth in these Terms. We reserve the right in our sole and absolute discretion to make changes and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always be working in the future. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use.
The Content
You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by Upsell Ltd. in writing. You may not incorporate the Content into, stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Upsell Ltd. in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by Upsell Ltd. . You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by Upsell Ltd. in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
Availability
The availability of the Content will change from time to time, and from country to country. The quality of the display of games may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Upsell Ltd. makes no representations or warranties about the quality of your instant gaming experience on your display.
Geographic Limitation
You may instantly play the Content through the Orgasmic Fun Games service only in geographic locations where we offer our service and have licensed such games. The content that may be available to play will vary by geographic location. Upsell Ltd. will use technologies to verify your geographic location.
Support service
To use the Services, any device that you want to use it on shall meet the minimum requirements of the Site, i.e.: connection to the internet, web browser, JavaScript, shockwave, flash.
During the term and for Member Users, the Service includes (a) a reasonable amount of assistance in the use of the Service and reasonable diagnosing and attempting to resolve problems with the use or delivery of the Service, and (b) updates and revisions to the Site and Services that Upsell Ltd. elects to provide to Member Users generally (collectively, the "Support Services"). Support Services are only provided during Upsell Ltd. regular business hours and exclude weekends and Upsell Ltd. holidays. Upsell Ltd. may condition the timing and delivery of Support Services in whatever method or manner it chooses, which may include communication via email. In order to take advantage of the Support Services, you may be required to purchase additional or different equipment or services from third parties. Upsell Ltd. has no obligation to provide any other assistance, support, maintenance, or other services or to perform any assistance by any other method, such as at your location. If Upsell Ltd., in its sole discretion, agrees to provide any additional services, such additional service shall be governed by these Terms.
Fees and Payment
All registrations for Orgasmic Fun Games Premium accounts are subject to a subscription payment model.
Upsell Ltd., within the limits allowed by law, is not responsible for any inconveniences or damages caused by usage of the particular Payment Method, especially delays or impossibility to make payment. In such case you should complain about those services to their provider, in the manner provided by their terms and conditions.
If the Payment was not accepted because of any reasons attributable to Upsell Ltd., please contact us via e-mail address: [email protected].
By the acceptance of hereby Terms of Use, you declare, that all the payments shall be made with the funds from a legitimate source.
Internet Access Charges
You are responsible for any costs you incur to access the internet.
BILLING POLICY
The below payment option is available to all customers. Once a customer has chosen a payment option that payment option will not change unless canceled. New payment options can be introduced at any time and current payment options can be discontinued for new customers at any time. The current billing option available is:
- 1 day sneak peek €1.25 recurring at €43.50 per month
- €1.25 for 7 days recurring at €31.40 per month
- Free 10 days trial recurring at €55.60 per month
- 1 day sneak peek £1.25 recurring at £34.74 per month
- £1.25 for 7 days recurring at £25.14 per month
- Free 10 days trial recurring at £46.75 per month
- 1 day sneak peek CHF 1.25 recurring at CHF 43.50 per month
- CHF 1.25 for 7 days recurring at CHF 31.40 per month
- Free 10 days trial recurring at CHF 55.60 per month
A monthly membership provides full access to all the site's content.
All these products will be listed as separate charges on a subscriber’s statement.
REFUND POLICY
Orgasmic Fun Games guarantees the satisfaction of our customers. If you are not satisfied with the service provided we will process a refund to your credit card.
If you wish to extend the life of your subscription in lieu of a refund you have that option. The billing system used by Orgasmic Fun Games or our
authorized agents provides extensive credit card fraud protection measures and our site includes many features to protect users from accidental charges.
If you have any feedback, please let us know. All feedback goes a long way to helping our billing resources team of agents address future interactions with our customers.
By the acceptance of hereby Terms of Use, you declare, that all the payments shall be made with the funds from a legitimate source.
Cancellation
Term
User has the right to cancel the subscription at any time starting from the time the registration was made. If the user chooses to cancel the subscription during trial period the account will be cancelled at no extra cost. If the user chooses to cancel the subscription after the regular billing has started, the subscription will be cancelled immediately and the account will run out at the end of the period that has been paid for.
To cancel your account, you may go to your account settings and choose cancel account. You may also call us at +44-142-454-1020 or email us at : [email protected]
Service Termination
Except as stated below, you agree that Upsell Ltd. may modify, suspend, discontinue, or otherwise terminate the Service or the Agreement, on a temporary or permanent basis, at any time, in whole or in part, for any reason or no reason, with or without notice, and without liability to you. For example and without limitation, Upsell Ltd. may terminate or suspend your access to the Service for lack of use; for failure to pay account fees within the period of time designated by Upsell Ltd.; for registering more than one free account; for using multiple free accounts; for maintenance of the Site or performance of Support Services; for failure to follow the rules posted on the Site or in these Terms; for actions outside these Terms; or for any other reason determined by Upsell Ltd.. Unless you have violated the terms and conditions of the Agreement, if you are a Paid User, a material modification that negatively impacts the Service or a suspension, discontinuance, or other termination of the Service or the Agreement will occur at the end of the current term of the Service. Notwithstanding the foregoing, Upsell Ltd. may make a material modification that negatively impacts the Service or suspend, discontinue, or otherwise terminate the Service or the Agreement at any time by refunding you the prorated portion of the fees you have paid for the current term of the Service through the end of that term. Continuation of the Service by a Paid User after any such material modification or suspension constitutes the Paid User's agreement to waive any claim for any refund of fees.
Other Remedies
In addition or as an alternative to termination, cancellation, or discontinuance of the Site and/or the Service, Upsell Ltd. may take whatever action it deems necessary or convenient, in its sole discretion, in the event of your breach of Agreement. Such actions may include, without limitation, suspending your access to the Site and/or the Service, blocking your IP address, or any other technical or legal means at Upsell Ltd. disposal.
Affect of Termination
Upon expiration, termination, cancellation, or discontinuance of the Site and/or the Service, your right to use the Site and/or Service will cease in the time stated above, and you will have no right to access your account or any files or other content contained in your account, although residual copies may be retained in Upsell Ltd. system. Upsell Ltd. may retain any such files or other content at its discretion.
Any suspension, termination or cancellation will not affect your obligations to Upsell Ltd. under these Terms of Use (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
Your responsibilities
You agree to use the Orgasmic Fun Games Services for lawful, non-commercial, and appropriate purposes only. You agree to observe the Orgasmic Fun Games Services, Content and embedding restrictions detailed above, and further agree that you will not access the Site or use the Orgasmic Fun Games Services in a way that Orgasmic Fun Games :
- violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights.
- uses technology or other means to access, index, frame or link to the Orgasmic Fun Games Services (including the Content) that is not authorized by Upsell Ltd. (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Orgasmic Fun Games Services)
- involves accessing the Orgasmic Fun Games Services (including the Content) through any automated means, including "robots", "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the Orgasmic Fun Games Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content)
- introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment
- damages, disables, overburdens, impairs, or gains unauthorized access to the Orgasmic Fun Games Services, including Orgasmic Fun Games's servers, computer network, or user accounts
- removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Orgasmic Fun Games Services (including the Content)
- uses the Orgasmic Fun Games Services to advertise or promote services that are not expressly approved in advance in writing by Upsell Ltd.
- collects personally identifiable information in violation of Upsell Ltd. Privacy Policy
- encourages conduct that would constitute a criminal offence or give rise to civil liability
- violates these Terms or any guidelines or policies posted by Upsell Ltd.
- interferes with any other party's use and enjoyment of the Orgasmic Fun Games Services
- attempts to do any of the foregoing
Accordingly, you undertake that:
- you will play Content for personal, private use only (and not for any direct or indirect commercial purpose)
- you will not, and will not encourage or assist any other person to, copy, reproduce, lend, rent, broadcast, distribute or transmit any Content
- you will not, and will not encourage or assist any other person to, circumvent, modify, remove, reverse-engineer, decompile, disassemble, alter or otherwise tamper with any security, encryption or other rights management technology or software that is part of any Content or part of the means by which we provide the Content to you
Suspension/Discontinuation
We hope not to, but we may change, suspend, or discontinue - temporarily or permanently - some or all of the Orgasmic Fun Games Services (including the Content and the devices through which the Orgasmic Fun Games Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that Upsell Ltd. may do so in Upsell Ltd. sole discretion. You also agree that Upsell Ltd. will not be liable to you for any modification, suspension, or discontinuance of the Orgasmic Fun Games Services, although Upsell Ltd. may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account). However, if Upsell Ltd. terminates your account or suspends or discontinues your access to Orgasmic Fun Games Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.
Copyright
All Content is owned by Upsell Ltd. (or our affiliates and/or third party licensors (as applicable)), unless indicated otherwise. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.
You acknowledge and agree that certain Content provided to you is the property of third party licensors and without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions within these Terms against you.
Trade marks
Orgasmic Fun Games, the Orgasmic Fun Games logo and all other Orgasmic Fun Games product or service marks are trade marks of Upsell Ltd. . All other trade marks, logos, images, product and company names displayed or referred to on the Website or any Device are the property of their respective owners. Nothing grants you any licence or right to use, alter or remove such material.
Force Majeure
Upsell Ltd. will not be liable to you by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, failure of the internet or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to Upsell Ltd. infrastructure or connectivity to the internet or failure at an Upsell Ltd. co-location facility (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, Upsell Ltd. will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues, and for such further period of time that Upsell Ltd. may reasonably require to recover from the effects of such Force Majeure Event.
Disclaimer of Warranties
You expressly understand and agree that your use of the site and/or the service is at your sole risk. Upsell Ltd. and its suppliers provide the service "as is" and without any warranty or condition of any kind, express, implied, statutory, or otherwise, including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. Upsell Ltd. makes no warranty that the site or the service will: meet your requirements or be uninterrupted, timely, properly stored or delivered, accurate, secure, error-free, or free of viruses or other harmful components, and the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations. Any material transmitted or otherwise obtained through the use of the service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the transmission of any such material.
Governing Law
These Terms and Conditions and all matters arising out of or otherwise relating to these Terms and Conditions shall be governed by the laws of the United Kingdom, excluding its conflict of law provisions. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms and Conditions. The parties hereby submit to the personal jurisdiction of the state and federal courts of the United Kingdom. Exclusive venue for any litigation or arbitration permitted under this Agreement shall be with United Kingdom.
Copyright Policy
The provider ("we", "us", "our") respects the intellectual property rights of others, and we ask our users to do the same. The provider reserves the right, at its sole discretion,
to disable and/or terminate accounts of users who may be infringing the intellectual property rights of others, as described more fully in the General and Specific Terms.
We reserve the right to change the terms of this Copyright Policy, and all such changes will be posted on the website.
If you believe that your work has been copied, framed or otherwise displayed on this website or the wapsite (the “Sites”) in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the provider’s agent (“Copyright Agent”) for notice of claims of copyright or other intellectual property infringement the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim infringes on the intellectual property and the location of such material;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
The provider’s Copyright Agent can be reached by e-mail or at the provider’s address.
The provider reserves the right, at its sole discretion, to refuse or to delete any allegedly infringing content, whether or not any such notification as described above has been received, or any content which for any reason it deems to be unsuitable. After receiving a notice of infringement that complies or substantially complies with the applicable Copyright Legislation of your country (as set out above), unless Provider believes the content not in fact to be infringing, Provider will act expeditiously to remove or disable access to any content claimed to be infringing or claimed to be the subject of infringing activity. Provider will take reasonable steps to expeditiously notify the user that created or posted the relevant content that it has removed or disabled access thereto.
Take down policy
Introduction:
Our organization is dedicated to maintaining a secure, respectful, and lawful atmosphere for its users. This Content Monitoring and Takedown Policy outlines our approach to supervising, addressing, and eliminating content that may be deemed offensive, unsuitable, or illegal, in order to maintain adherence to our guidelines, policies, and relevant statutes. This policy is binding for all users, contributors, content providers, and content hosted on the website or app.
Purpose:
The aim of this policy is to establish explicit criteria for content review and monitoring on our websites and apps. We maintain a proactive stance on content monitoring, and strive to safeguard against unsuitable, unlawful, or non-conforming content.
Content Review and Monitoring:
- Initial Check of User Uploaded Content: Our internal compliance team checks all user-uploaded content, before it is approved and released on the website.
- Regular Review: Our team conducts regular content reviews to ensure that all content on the portal complies with our policies and standards.
- Automated Tools: We utilize automated tools [product name(s)] to identify potentially inappropriate or non-compliant content. These tools aid in flagging content that may necessitate further review.
- User Reporting: We actively encourage users to report any content they perceive as inappropriate or in violation of our policies. Reports are treated with seriousness and investigated promptly (see details below).
- Expert Review: In cases where content is unclear or requires specialized knowledge, we employ experts to make well-informed decisions regarding its appropriateness.
Reporting Content on Our Websites and Apps:
If you find content on our websites or apps which contravenes our Terms of Use, infringes your intellectual property rights, or is otherwise unsuitable, you may submit a content removal request. To do so, please provide the following details:
- Your contact details, including full name, email address, and phone number.
- A description of the content in question, including its specific location on the website or app.
- A statement explaining how the content breaches our Terms of Use or your rights.
- Supporting evidence for your claim, such as proof of ownership or legal rights.
Submitting a Content Removal Request:
You may send takedown requests to [email protected]. Upon receiving a valid request, we will review the information provided and respond accordingly within 2-4 days. If we find the request valid and the content in question violates our Terms of Use or infringes intellectual property rights, we will take one or more of the following actions:
- Temporarily removal of reported content pending further investigation.
- Contacting the content author to address the issue and offer an opportunity for resolution.
- Permanently removing the content from our servers.
Content Review, Removal, and Action:
Inappropriate Content: All content considered inappropriate, offensive, or a violation of our policies will be promptly removed from our servers. Illegal Content: Content that is unlawful or contravenes applicable laws will be promptly removed, and the relevant authorities will be notified accordingly. User Notifications: If a user's content is removed due to violations, we will notify the user, detailing the specific violation and the rationale behind the removal.
Submitting a Content Removal Request:
Appeals Process: Users who feel their content has been unjustly removed can appeal the decision by reaching out to [email protected]. Appeals should include a clear explanation as to why the content should be reinstated. Resolution: Our team will review the appeals and make a decision based on the information and our policies. The user will be notified of our decision within 2-4 days.
Records of Reports:
On request, we can furnish our acquirers with records detailing any flagged content, complaints, takedown requests, and actions taken.
Monitoring Upgrades and Improvement:
We are dedicated to enhancing our content monitoring procedures. This policy will undergo regular review and updating to mirror advancements in industry best practices and to address emerging challenges.
Compliance with Laws:
This policy is employed to adhere to all pertinent laws and regulations concerning content monitoring and user-generated content. Our organization retains the right to make the ultimate decision on content removal based on both legal and ethical considerations. This policy is not intended as legal advice, and individuals in need of legal advice should seek counsel from qualified legal professionals.
Contact Information:
To contact our organization regarding our Content Monitoring and Takedown Policy, please email us at [email protected].
Age Verification Policy
Introduction:
Our Organization is dedicated to upholding a responsible and compliant environment for users and contributors. This Age Verification Policy delineates our age verification procedures, ensuring that all users are of legal age.
Policy Statement:
We are dedicated to adhering to all pertinent laws and regulations regarding age- restricted content.
- Age Requirement: Users must meet the legal age requirement to access and utilize our websites and apps.
- Age Verification Methods: We implement robust age verification methods, including the following:
- Registration: Users must complete the registration process and agree to the General Terms & Conditions, which explicitly state that the service is not intended for minors.
- Terms & Conditions: By agreeing to our Terms & Conditions, users verify that they are at least 18 years old.
- Credit Card Verification: In some instances, for example; when photos or videos of individuals who appear to potentially be less than 18 years of age ,have been detected through automated monitoring or by our internal compliance team. users may undergo age verification by submitting credit card information. This information is solely used for verification purposes and is not stored.
- Storage: The verification of both the Terms & Conditions and the user's age is documented in a database, complete with timestamps.
User Responsibilities:
Submitting Truthful and Accurate Information: Users are required to submit truthful and accurate information during the age and identity verification process. Access Restrictions: Users are responsible for maintaining the security of their login credentials and ensuring that minors or unauthorized individuals cannot access their accounts.
Enforcement / Consequences:
Submitting Truthful and Accurate Information: Users are required to submit truthful and accurate information during the age and identity verification process. Access Restrictions: Users are responsible for maintaining the security of their login credentials and ensuring that minors or unauthorized individuals cannot access their accounts.
- Policy Violations: Any breach of this policy, such as providing false information or attempting to access our websites or apps without undergoing proper age verification, will lead to the suspension or termination of the user's account.
- Reporting Violations: Users and contributors are encouraged to report any breaches of this policy to [email protected].
Ongoing Review:
This policy will be subjected to ongoing reviews and updates to ensure its alignment with evolving legal requirements and industry best practices.
Contact Information:
For any questions or statements related to this Age Verification Policy, email us at [email protected].