When you sign up for any service within the Spank Book site, all of which are hereinafter referred to collectively as the "Service", you agree to all of the terms and conditions of this Agreement. Please read the following terms and conditions carefully, as they form the agreement between Spank Book, and you (sometimes referred to herein as “you”, “your” or “User”) (such agreement referred to herein as the “Agreement”). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE, AND SHOULD NOT PROCEED TO REGISTER. BY USING THE SERVICE YOU ARE AGREEING TO BE BOUND BY THIS SERVICE AGREEMENT, INCLUDING ALL AMENDMENTS MADE TO DATE.

User Agreement

This Agreement constitutes the agreement between Spank Book and you with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service. As used in this Agreement, "we" and "us" means Spank Book, or any successor or assign of Spank Book.

Service Agreement

Right to Use.

Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.

Adults Only.

THIS SERVICE IS FOR ADULTS ONLY! You represent, warrant and covenant that you are at least 18 years old or the age of majority in your jurisdiction, whichever is older (the “Age of Majority”). The Service is intended for adults only. By using the Service you agree that you have reached the Age of Majority. If you continue with registration to Spank Book or use of the Service in violation of this section, it may result in legal action.

Code of Conduct.

You agree to use the Service in accordance with the following Code of Conduct:

a) You are solely responsible for any information that you post or display to other members or when using the Service. You will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you;
b) You are aware that the Service may contain explicit adult oriented materials provided only by consenting users;
c) You will not use the Service to engage in any form of harassment or offensive behavior, including, but not limited to, the posting of any message, picture or recording, which contains sexual conduct (whether actual or simulated), libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language;
d) You will not post any message, picture or recording or use the Service in any way which:

•          violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights, or

•          ii. is fraudulent or otherwise unlawful conduct in connection with your use of the Service or violates any law.

e) You will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services;
f) Your use of the Service is for your own personal use. You may not allow others to use the Service and you may not transfer accounts with other users;
g) You will not use the Service to infringe on any privacy right, property right, or other civil right of any person; and
h) You will not forward any chain letters through the Service.

Privacy and Use of Information.

As more fully set forth in our Privacy Statement, your personal information will not be resold to any third party.

You acknowledge and agree that:

(a) We cannot ensure the security or privacy of information you provide through the Internet, or otherwise, and through your email or other messages; you release us from any and all liability in connection with the breach of the security of such information and/or messages and with respect to the use of such information by other parties;
(b) We are not responsible for, and cannot control, the use of any information, by anyone, which you provide to any other parties or the Service and you should use caution in selecting the personal information you provide to others through the Service;
(c) We cannot assume any responsibility for the content of any message sent by any user on the Service, and you release us from any and all liability in connection with the content(s) of any communication(s) you may receive from other users;
(d) You acknowledge that you cannot bring legal action against Spank Book or any of its employees, officers or agents for any damages of any kind, under any theory, as a consequence of using the Service; and
(e) Any and all images uploaded to Spank Book become property of Spank Book and may be used by Spank Book, without any restriction(s), as marketing materials. By accepting this Agreement and its Terms and Conditions you specifically authorize us to use any images you upload to Spank Book for marketing this site in our sole discretion.
(f) You may not use the Service for any unlawful purpose. We may refuse to grant you or discontinue your use of a user name, for whatever reason, including, but not limited to, that the user name you have chosen impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.

We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by any other user of the Service, including but not limited to, information regarding a member’s, age and marital status. You hereby acknowledge and agree that we have no responsibilities or liabilities for any inaccuracies, intentional or unintentional, made by users.

Monitoring of Information.

We reserve the right, but have no obligation, to monitor any and all advertisements, public postings and messages to ensure that they conform to the content guidelines and this Agreement, which are both subject to change from time to time. We also reserve the right, but have no obligation, to monitor any and all messages and chats that take place through the site. We are not responsible for any offensive or obscene material(s) that may be transmitted or posted by any and all users (including unauthorized users, as well as the possibility of "hackers"). As noted above, we are also not responsible, under any circumstances, for the use of any personal information, by anyone, that you post or transmit through the Service.

Removal of Information.

While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation advertisements, public postings and messages, that we, in our sole discretion, may deem to violate the Code of Conduct set out above or to be otherwise unacceptable to us in our sole discretion. Notwithstanding our right to delete, move or edit messages or materials, you shall remain solely responsible for the content of advertisements, public postings, messages and other materials you may upload to the Service or otherwise provide to users of the Service.

Termination of Access to Service.

We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to all or part of the Service at our sole discretion, and we reserve the right to refer such activity to any and all appropriate law enforcement agencies.

Proprietary Information.

The Service contains information, which is proprietary to us and/or users of the Service. We assert full copyright protection in the Service. Any information posted by us or users of the Service may be protected whether or not it is identified as proprietary to us or to the user. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.

No responsibility.

We are not responsible for any incidental, consequential, special, punitive, exemplary, direct or indirect damages of any kind whatsoever, which may arise out of or relate to your use of the Service, including but not limited to lost revenues, profits, business or data, or damages resulting from any viruses, worms, "Trojan horses" or other destructive software or materials, or communications by you or other users of the Service, or any interruption or suspension of the Service, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Service during the previous 12 months. We may discontinue or change the Service or its availability to you at any time, and you may stop using the Service at any time, please see details on cancellation below.

Security.

Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third party.

Other Links.

The Service may from time to time contain links to other sites and resources ("External Links"). We are not responsible for, and have no liability as a result of, the availability of External Links or their contents.

Indemnity.

You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.

No Warranties.

The Service is distributed on an "as is" basis. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. Where permitted by law, you acknowledge that the Service is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Service is at your own risk. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Service by Spank Book or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk.

Modifications.

We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

Disclosure and Other Communication.

We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any Spank Book related products and services. We reserve the right to disclose information about your usage of the Service and Demographics in forms that do not reveal your personal identity.

Complaints.

To resolve or report a complaint regarding the Service or members who use the Service users should send an email detailing such complaint to webmaster@spankbook.net. Immediate actions will take place in order to help solve the problem.

Registration

You may become a member of Spank Book by completing an online registration form, which must be accepted by Spank Book. Upon submission of the online registration form, Spank Book or its authorized agent will process the application. In connection with completing the online registration form, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a member. You must promptly inform Spank Book of all changes to the registration data, including, but not limited to, changes in your address you used in connection required by 18 U.S.C. 2257. If you provide any information that is untrue, inaccurate, not current or incomplete, or Spank Book or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Spank Book has the right to suspend or terminate your account and refuse your current or future use of Spank Book and the Service, as well as possibly subjecting you to criminal and civil liability.

Member Account, Password and Security

As part of the registration process, you will be issued a unique user name and password which you must provide in order to gain access to the non-public portion of the Spank Book. You certify that when asked to choose a username you will not choose a name which falsely represents you as somebody else or a name which may otherwise be in violation of the rights of a third party. We reserve the right to disallow the use of usernames that we, in our sole discretion, deem inappropriate. We reserve the right to modify any materials on the site and Spank Book design at anytime, with or without prior notice. We reserve the right to cancel at any time the membership of any member who uses their selected username in violation of these Terms and Conditions or in any other way we, in our sole discretion, deem inappropriate. Your membership, the ID and password are nontransferable and non-assignable. You represent and warrant that you will not disclose to any other person your unique user name and password and that you will not provide access to the Service to anyone who is below the Age of Majority, or otherwise does not wish to view the content on Spank Book. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. Spank Book will not release your password for security reasons. You agree to (a) immediately notify Spank Book of any unauthorized use of your user name and password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You are liable and responsible for any unauthorized use of the Service until you notify Spank Book by email regarding that unauthorized use. Unauthorized access to the Service is illegal and a breach of this Agreement. You agree to indemnify Spank Book against all activities conducted through your account.

Binding Agreement

By supplying us with all the required information and signing up as a member you acknowledge and affirmatively state that you have read, and understand the terms set forth herein and that you agree to be bound by the terms and conditions hereof.

NO WARRANTIES, LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS, WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. SPANKBOOK.NET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SPANKBOOK.NET MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SPANKBOOK.NET MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR CONSEQUENTIAL DAMAGES OR PUNITIVE DAMAGES.

Severability

If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.

Jurisdiction/Disputes

This Agreement and all matters arising out of or otherwise relating to these terms and conditions shall be governed by the laws in effect in the State of Queensland, without regard to its conflict of law provisions. You and Spank Book hereby submit to the personal jurisdiction of the state and federal courts of the State of Queensland for resolution of all disputes. You and Spank Book hereby agree that exclusive venue for any litigation under this Agreement shall be with the state and federal courts located in Brisbane, Queensland.

Cancellation By User

You may cancel your membership at any time by using your account settings. Upon our processing of your request to cancel your membership, you will no longer have access to the non-public areas of the Service to which you were a member.

Termination by Spank Book

Without limiting other remedies, the Service may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access and use of the Service and refuse to provide our services to you at any time, with or without advance notice, if: (a) Spank Book believes that you have breached any material term of these Terms and Conditions or the documents it incorporates by reference, (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause legal liability for you, our users or us; or (d) Spank Book decides to cease operations or to otherwise discontinue any of the Spank Book or parts thereof. Further, you agree that neither Spank Book nor any third party acting on our behalf shall be liable to you for any termination of your membership or access to the Service. You agree that if your account is terminated by Spank Book, you will not attempt to re-register as a member without prior written consent from Spank Book.

After Termination or Cancellation

You accept that when you cancel your membership with the Service you will be automatically deleted from and locked out of the Service. You will be unable to access your account on the Service. You also agree and accept that upon cancellation your profile, mail and other membership materials will be immediately deleted from Spank Book and that such information will be irretrievable.

The terms of this Agreement shall survive after termination or cancellation, unless stated otherwise

Privacy Policy

Spank Academy ("we" or "Spank Book") has adopted this privacy policy to protect your personal information and to let you know how we might use it. This privacy policy only applies to activities you perform on the Spank Book website, and activities or communications that occur using the Spank Book service (collectively known as the "Service") and does not apply to any other Website or offline point of contact between Spank Book, Spank Academy, or any other company, and consumers. This policy was implemented on April 20th, 2008 this policy may change from time-to-time, please periodically review this page. Each time you use the Service or provide us with information, by doing so you are accepting the practices described in this privacy policy at that time.

Your IP Address

Like most e-commerce Websites, each time use the Service, we automatically collect your IP address and the web page from which you came. In order to administer and optimize the Service for you and to diagnose problems, we use your IP address to help identify you and to gather broad demographic information about you.

Cookies

Like most Websites, the Service uses cookies to keep track of your activity on the website and enhance your experience. We also use cookies to deliver content specific to your interests, to save your password, and if you choose, to save other personal information so you do not have to reenter it each time you use the Service. Third party advertisers on the Site may also place or read cookies on your browser. If you wish to disable these cookies, the "help" portion of the toolbar on most browsers will tell you how. However, if you set your browser to disable cookies, you may not be able to access certain aspects of the Service.

Information We Collect From You

In order to operate the Service and to provide you with information about products or services that may be of interest to you, we may collect "personal information" (i.e. information that could be used to contact you directly without using the service" demographic information" (i.e. information that you submit, or that we collect, that is neither personal information nor financial information; this may include, but is not limited to, zip code, postal code, hometown, gender, username, age/birth date, purchase history information, browsing history information, searching history information, registration history information, and the content of communications between you and other members over the Service), subject to the rest of this paragraph. Demographic information is divided into two categories: 1) "non-public information", which consists of purchase history information and one-on-one communications between you and other users of the Service; and 2) "public information", which consists of all other demographic information. We ask that you do not enter personal information or financial information into your "Profile" (for example, don't use your address or postcode as your username, or include your name or address in your written responses), because if you do then it may be posted publicly on the Service, and the information will then be treated as "demographic information" that is "public information." Please note that nowhere on the Service do we knowingly collect personal information from children under the age of 18, as we require that all users represent to us that they are at least 18 years old.

Information Other Websites Collect From You

On the Service websites, we may place links to other Websites operated by other parties. Some of these other Websites contain our brand names and trademarks and other intellectual property that we own; others do not. When you click on these links and visit these other Websites, regardless of whether or not they contain our brand names, trademarks and other intellectual property, you need to be aware that we do not control these other Websites or these other Websites' business practices, and that this privacy policy does not apply to these other Websites. Consequently, the operators of these other Websites may collect different kinds of information about you, and may use and disclose that information in different ways than we would if it were collected on the Service. We encourage you to review their privacy policies and remind you that we will not be responsible for their actions.

How We Use Personal Information

Spank Academy is committed to treating your personal information with the highest degree of care. Your email address and personal information is not shared with any third parties and is solely used to send email communication from Spank Academy. Your personal information will not be resold to any third party. We use your email address and your other personal information to help us efficiently operate the Service, to contact you in connection with your activities on the Service (including, but not limited to, confirmation emails or important news that could affect your relationship with Spank Book), and to forward messages to you from other Spank Book users. These types of communications are known as "Operational Communications." In some cases, Operational Communications may also contain commercial messages, such as banner ads and special offers.

We also use personal information to send you newsletters, information, offers and other promotional materials for Spank Academy or third parties' goods or services. We attempt to send you offers that are of value to you, such as discounts, exclusive offers or special event information. The Service provides you with options to decline to receive communications from Spank Book (other than those contained in Operational Communications). Some of these options may only be for a certain category of communications; others may be more general. By posting a profile on the Service, you are opting in to receive messages from other Spank Book members by email or message. To stop receiving messages from other Spank Book members, change your account settings.

To operate the Service, and your activities on the Service, we may share your personal information with our agents, representatives, contractors and service providers so they can provide us with support services such as email origination, support services, customer relationship management services. We require these entities not to use your information for any other purpose.

By purchasing, or registering or making reservations for, products or services offered or sponsored by third parties on the Service, or electing to receive communications (such as emails or magazine subscriptions) or electing to participate in contests, sweepstakes or other programs (such as discount or rewards programs), offered or sponsored by third parties on the Service, you consent to our providing your personal information to those third parties. Those third parties may use your personal information in accordance with their own privacy policies. You will need to contact those third parties to instruct them directly regarding your preferences for the use of your personal information by them. Additionally, you agree that we may use and disclose all such information so submitted to such third parties in the same manner in which we are entitled to use and disclose any other information you submit to us.

In some cases, we may enter into a promotional relationship with another company in which we prominently display their brand name or trademarks on pages of the Service. These pages are known as "Co-Branded Pages" and these companies are known as "Co-Branded Companies." If the page on which you submit information is a Co-Branded Page, or was accessed by clicking on a link on a Co-Branded Page, then we may share your personal information with the associated Co-Branded Company. Co-Branded Companies may use your personal information in accordance with their own privacy policies. You will need to contact Co-Branded Companies to instruct them directly regarding your preferences for the use of your personal information by them. Additionally, you agree that we may use and disclose all such information so submitted to such Co-Branded Companies in the same manner in which we are entitled to use and disclose any other information you submit to us. Some Co-Branded Pages may contain an action tag (also known as a Web Beacon or a 1 pixel .gif file) that a third party, may use to read cookies that it, or its clients, may have placed on your browser at other (non-Spank Book) web sites before your visit to Spank Book. This technology is used to measure the effectiveness of advertisements on such other Websites that promote Co-Branded Pages. Further, such other third parties may use the information collected through this technology to learn more about your visits to this Service and other Websites in order to provide advertisements about goods and services of interest to you.

Any third party with whom we are allowed to share your personal information is authorized to use your personal information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control, and you agree that we are not responsible or liable for any of their actions or omissions. Those who contact you will need to be instructed directly by you regarding your preferences for the use of your personal information by them.

Please read the information below under the heading "Special Cases in which we Share Personal and Financial Information" to learn more ways in which we may share your personal information.

How We Use Public Information and Other Demographic Information

We may review all demographic information. We may use public information to enable other users to find your profile, to determine whether they are a match for you and to communicate with you. We may use demographic information to tailor the Service and communications to your interests. We may also share demographic information with advertisers on an anonymous and aggregated basis (i.e., without telling the advertisers your identity). One of the reasons we may do this is to increase the likelihood that our advertisers' goods and services will appeal to Spank Book's users, so that we may target specific ads at specific demographic groups. Our sharing of demographic information with advertisers is anonymous (i.e., we do not tell advertisers which particular Spank Book users are members of which demographic groups), subject to the rest of this privacy policy. When you respond to an advertisement, however, we ask you to remember that if that ad that is targeted to a demographic group and you decide to give the advertiser your personal information, then the advertiser may be able to identify you as being a member of that demographic group. Please also be aware that when we disclose your financial information or personal information to a Co-Branded Company, as described above, we may also disclose to that Co-Branded Company your demographic information, other than the content of one-on-one communications between you and other members. Please also be aware that we may disclose your demographic information on a non-anonymous basis as described above in the paragraph titled "Special Cases in which we Share Personal." Also, to read further details about how we may use your public information, see ourTerms of Use.

Changing our Privacy Policy for Previously Gathered Information

If at any point we decide to use particular personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email or by providing 30 days notice on the Service. Please note that we will continue to have the right to change our privacy policy and practices, and how we use your personally identifiable information, without notice, as described in the first paragraph of this Privacy Policy, provided that such changes shall only apply to information gathered on or after the date of the change.

How You Can Access and Update Your Email Preferences, Personal Information and Public Information

We give you the opportunity to opt-out of certain communications and modify personal information or demographic information you have provided to us, and to hide demographic information from, or make demographic information visible to, the public users of the Service, at anytime by going to the "Account Settings" in your Spank Book profile of the Service. Please be aware that it may take several hours for the changes you make to take effect on the public areas of the Service. We thank you for your patience. Please note that changing or deleting your information in the "Account Settings" section of the Service, or otherwise opting-out of receipt of email communications from Spank Book, will only change or delete the data in our database for purposes of future activities on the Service and for managing future communications from Spank Book. These changes and deletions will not change or delete emails or information that we may have already forwarded to other users or credit card companies or any other third parties, all as provided above in this privacy policy.

Kind Regards

Spank Book