Terms of Service
These Terms of Service (“Terms") govern your access to and use of Lewd.net, Lewd.ing, mobile apps, and any other online services offered by Safewords, LLC. (“Safewords”) that link to these Terms. These web-based services, mobile apps, and other online services are each referred to as a "website" or "service" in these Terms. It is important that you be aware of the various conditions on using our websites or services. We refer to you, registered users, and visitors as ("Users") or ("User").
By visiting this website or our services, you acknowledge and agree to these terms. Safewords reserves the right to change these terms at any time and without prior notice. By using this website or our services, you agree in advance to the current and future Terms. If you object to these terms or any future changes, your sole recourse shall be to cease usage of the website or our services. Any continued use of this website or our services following the effective date of any such changes shall indicate your acknowledgement and acceptance of such changes.
These terms contain an arbitration provision with class action waiver that affects your rights. It requires that disputes be resolved individually in binding arbitration or small claims court.
Please take your time reading through these terms carefully. These terms, in combination with any additional legalese to which you agree when using our website or services, constitute the entire agreement regarding usage and set forth the legally binding terms governing your usage of this website and our services. These terms apply to all individuals who visit or use this site, regardless of your level of participation. If you do not agree to any of these terms, we ask that you do not use this website or our services.
We may refer to our service as "Lewd", which can include all domain names owned by Safewords.
Lewd is managed by Safewords, LLC., a limited liability company registered in Delaware, United States.
Provisions
The following general provisions ("Provisions") apply to this website and all of our services under all circumstances.
We require that all visitors and users that access our services are at least eighteen (18) years old and have reached the age of majority where they reside. If you have not met these requirements you must immediately cease usage and access of this website and our services.
We proactively take necessary action against accounts we believe to be in violation of these requirements, including suspension and automated deletion if an account can't provide acceptable evidence.
We prohibit content involving minors known as child sexual abuse material (CSAM), including material that poses any risk of harm to children. All media or content, whether real or simulated, depicting minors engaged in sexual activity, is strictly prohibited on this website and our services.
While our services utilize various automated methods of preventing the uploading of such content, we provide all users with options for reporting to our team directly on the services, or via email at [email protected]. We will promptly investigate these reports, take necessary actions, and cooperate with law-enforcement agencies.
In accordance with 47 U.S.C. § 230(d), we provide you with notice that parental control protections are that may help in limiting access to content and material on our services that is harmful to minors.
We advise and recommend the usage of these protection programs if minors have access to this device or computer in any capacity, including access to internet connectivity.
To prevent access to sexually explicit material, we suggest the usage of programs such as SafeToNet, NetNanny® or CYBERsitter™. We do not endorse nor is affiliated with these aforementioned programs and solely provides such as informational examples.
We strictly prohibit the solicitation, facilitation, and promotion of sex trafficking and abuse. Any such activity, whether directly on our services, or by sharing links to other websites is strictly prohibited.
We reserve the right to take necessary actions against accounts associated with such activity, including but not limited to permanently restricting access to account(s) without a refund, withholding funds after the date of offense or deletion, and providing all information to law enforcement and reporting agencies. For more information, please review our Anti-Trafficking Statement.
Terminology
- "Visitors" refers to individuals, automated bots, or other entities that access our website or services without a registered account. Typically visitors have access to less features.
- "Users" refers to individuals who have registered an account on our website or services.
- "Creator" refers to a registered user who has verified their identity and age, completed our Creator Application, and was accepted.
- "Profile" refers to a public identity for an account. Under some circumstances, accounts can own and manage multiple profiles.
- "Content" refers to writing, photos, galleries, video and other allowed forms of media that can be published on the website and is associated with a Profile.
Accounts
By registering for an account, you must provide basic information about yourself including a valid email address and password, or an authenticated social media account.
In order to interact with our service, you will need to create a Profile which may include other information such as a display name, and optionally, gender, and pronouns. A profile is owned by one (1) account ("owner"); the owner is responsible for all actions taken by the profile.
An account may utilize our services via a profile in many ways, including but not limited to posting content, interacting with other profiles by means of following, commenting on content, and messaging others. The utilization of this website and our services are made available by Safewords, and at our sole discretion, may be added, modified, or removed at any time.
By utilizing our services with an account, you represent that,
- you provided account registration information that is accurate and trustworthy;
- content uploaded and/or posted on your profile is your own and does not violate copyright or trademarks of another party;
- you will take appropriate precautions to keep your account safe and confidential, avoiding the use of public computers;
- you will not sell, rent, or transfer ownership and/or access to your account to another party;
- you were not previously suspended or had access restricted due to violations of our terms and/or other policies;
- you will not intentionally circumvent account or profile restrictions;
Safewords has the right (though not the obligation) to, in our sole discretion,
(a) reclaim your username due to prolonged inactivity;
(b) restrict, limit, terminate or deny access to and use of our services to any individual or entity for any reason;
(c) verify information provided to us, including but not limited to identity verification;
(d) monitor your use of our services (including any content);
(e) investigate any suspected or alleged misuse or unlawful use of our services and provide information
to law enforcement to assist with investigation;
Please read our Privacy Policy for more information on this topic.
Content
Safewords has not reviewed, and cannot review, all user-contributed content posted to our Services, and cannot therefore be responsible for that material’s content, use or effects.
By operating our services, Safewords does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful.
You are responsible for taking precautions as necessary to protect yourself from harmful, false, or destructive content. Our Services may contain content containing technical inaccuracies, typographical mistakes, and other errors. Safewords disclaims any responsibility for any harm resulting from the use by visitors of our Services.
If you make (or allow any third-party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. By using our services, you represent and warrant that your content and conduct do not violate these terms and our Community Guidelines.
You retain all ownership rights to your Content. In order to operate the services, you grant Safewords a worldwide, non-exclusive, royalty-free license to distribute your content to other accounts, subject to limitations. When applicable, Safewords may display your content across various features including but not limited to users' timeline, your profile, search engines, or applicable search features.
Publishing Content With Other Persons
To provide a safe and consensual space, all persons depicted or appearing in Content must have an identity-verified profile on this website.
By utilizing our content publication tools and uploading Content with other parties depicted, you agree and warrant that,
- you have received permission from all persons depicted;
- you have received the other parties' consent to being recorded and published on our services;
Payments and Memberships
Lewd provides a premium membership which unlocks exclusive features and additions, including to all profiles owned by the User.
Processing and Fees
Safewords utilizes third-party payment processors to manage, and process payments relating to membership purchases. Your payment methods and information are stored by these contracted third-party payment processors. Additional conditions may apply depending on the utilized payment processor. You acknowledge that Safewords is not responsible for your abiding by these third-parties terms and conditions and that we disclaim any liability associated with your violation of their terms.
Any fees charged by the third-party payment processors in relation to successful payments and transactions are covered by the website. You can view a detailed breakdown of these fees and revenue splits on our Transparency and Disclosures Area (TADA).
Refunds
Our standard policy is that purchases are final and nonrefundable. We reserve the right to issue refunds when deemed appropriate, on a case by case basis, and within our sole discretion. We kindly request that you submit a refund request instead of initiating a chargeback.
Errors and Disputes
By utilizing our services, you acknowledge and agree that if you have been charged in error, you must contact Safewords in writing within forty-five (45) of the error appearing within a billing or bank statement. Disputes must be emailed to [email protected] and include evidence and a statement explaining the error.
Safewords will correct any mistakes and add or credit them against your future payments, or otherwise arrange for a refund to be made to a provided payment method.
Failure to notify Safewords of a dispute within the aforementioned period waives you any right to dispute the charges.
Chargebacks
Safewords reserves the right to restrict access, suspend, or permanently terminate your account without prior warning if a purchase results in a chargeback. If you have a problem, we always suggest reaching out to our team and/or inquire about a refund.
Prohibited Use
By utilizing this website or our services, you acknowledge and agree that you will only use Lewd for purposes permitted by these Terms. Any other purpose without our prior written consent is prohibited.
The following is prohibited while on this website ("Lewd") or while otherwise utilizing our services:
- violating applicable laws or regulations;
- participating in, promoting, facilitating, or engaging in sex trafficking or prosecution;
- violating copyright, trademark, patents, or other intellectual rights that you do not possess the rights to;
- distributing illegal copies of copyrighted, trademarked, or patented content;
- violating privacy rights;
- violating laws protecting data protection;
- downloading of Content, without the permission of Safewords or the owner of such Content;
- publishing private or confidential information about an individual ("doxxing");
- publishing, posting, or commenting content that is violent, harassing, ethnically or racially offensive, or with the intent of causing distress;
- threatening any Users;
- soliciting the sale of real-world items such as clothing or belongings;
- soliciting gambling, lotteries, or sweepstakes;
- misuse, circumvent, damage, or intentionally interfere with the operations of our services in any manner that impacts the security, safety, or general enjoyment of our Users;
- reverse engineer, disassemble, or decompile source code relating to this website or our services;
- cause excessive or unreasonable load on our infrastructure by means of external software or scripts;
If you are a registered sex offender in any jurisdiction, you are prohibited from utilizing this website or our services in any capacity. Accounts found to be associated with such individuals will be permanently terminated.
Please review our Community Guidelines for more information about prohibited uses of our website and services.
Safewords considers prohibited usage a breach of the Terms, and at our sole digression, may take action against any associated accounts including termination without notice. We reserve the right to withhold payment of any revenue earned by Users that violated the Terms and to distribute such funds to our Community Fund.
When applicable and without obligation, we will attempt to provide refunds to Users affected by an account termination, as long as such accounts are not also found to be in violation.
Safewords may pursue legal remedies against you if we deem your actions severely impacted or caused damage to the website or our services, including civil, criminal, or injunctive relief.
Our Rights
We reserve the right at any time, and without prior notice to:
- verify information provided while utilizing our services;
- restrict or terminate access to our services in any capacity;
- temporary restrict access for maintenance or upgrades;
- remove any content, profiles, or accounts that violates these terms;
- investigate misuse of our services;
- disclose information about your utilization of our services in relation to an active investigation by law enforcement, and;
- apply changes to available payment processors;
Advertisements
Safewords reserves the right to display advertisements on our services.
Intellectual Rights
Safewords respects and responds to all valid requests for content removal in compliance with the United States Digital Millennium Copyright Act (DMCA). Please review our DMCA Policy for more information.
Disclaimer of Warranties
Our Services are provided “as is.” Safewords and its representatives, investors, suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Safewords nor the aforementioned parties, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you access and use our Services at your own discretion and risk.
We do not guarantee that everything on this website or our services are accurate or useful. Your utilization of our services must be solely at your own risk. You acknowledge that we can not guarantee that our services will be accessible or free of errors at all times. To the fullest extent provided by law, Safewords, and by association, our services, may not be liable for any loss or damage caused by downtime resulting from distributed detial-of-service attacks (DDoS), viruses, or other harmful material accessed due to your utilization of this website or our services, or otherwise items downloaded from such locations.
Limitation of Liability
In no event will Safewords, or its representatives, investors, suppliers and licensors be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Safewords under this agreement during the twelve (12) month period prior to the cause of action.
Additionally, by utilizing our services, you agree to not hold Safewords, its affiliates, content providers, employees, agents, officers, and directors liable for any of the following:
- inaccuracies found within this website or our services;
- inaccuracies found within Content published by our Users;
- personal injury or property damage resulting from utilizing this website or our services;
- content sold or provided by our Users, whether or not prohibited by these Terms;
- unauthorized access to our infrastructure and any personal information stored, including unauthorized changes to your account or data;
- unscheduled or unplanned downtime due to attacks;
- bugs, viruses, trojan horses, malware, or other harmful code that may be transmitted to or through our services due to attacks or compromised infrastructure;
- payment failures due to your payment methods
- loss or damage incurred by accessing or viewing Content on this website or our services, or otherwise distributed to you in any capacity;
Safewords shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You represent and warrant that (i) your use of our Services will be in strict accordance with our Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.
Exclusion of Damages
With exception to gross negligence or intentional misconduct, Safewords, its affiliates, content providers, employees, agents, officers, and directors will not be liable to you for any direct, indirect, statutory, punitive, consequential, or exemplary damages resulting from your access or inability to access this website, Content, or our services.
Safewords, its affiliates, content providers, employees, agents, officers, and directors will not be liable to you for any damages for (1) pain and suffering, (2) emotional distress, (3) loss of revenue, (4) loss of profits, (5) loss of business, (6) loss of data, or (7) loss of privacy.
If you are unhappy or dissatisfied with this website and/or our services, your exclusive remedy is to immediately cease using this website and/or our services and file a complaint to [email protected]. The maximum liability of Safewords, its affiliates, content providers, employees, agents, officers, and directors to you for any claim will not exceed the greater of five hundred dollars ($500) or the amount you have paid to Safewords for purchases, of which liability arose even if the remedy fails in its intended purpose.
Indemnification
You acknowledge and agree that you will pay Safewords, its affiliates, content providers, employees, agents, officers, and directors (the "Parties") for any loss of the parties that is caused by any of the following:
- your access and utilization of this website and/or our services;
- your conduct and interactions with other Users on this website and/or on our services;
- your Content that is published or made available, in any capacity;
- your actions resulting in a breach of these Terms;
- your violation of any law;
- your alleged violation of any law;
- your criminal conduct;
If the loss was caused by the parties' misconduct, you will not be responsible to pay for any losses.
In all aforementioned instances, "loss" refers to an amount or damages that the parties' are legally responsible for, or otherwise have had to pay in any form. This may include a settlement, a fine, general damages, injunctive relief, staff compensation, and/or expenses for defending against a claim relating to a loss (including fees for legal counsel or witnesses). A loss can arise from bodily injury, property damage, and can be the result of breach of these Terms, of a specified contract.
The parties' will notify you within a thirty (30) day period after the parties' know of a claim for a loss that you may be compelled to pay, or to be found responsible to pay. If we, the parties' fail to provide you a timely notice, this does not end your obligation, except for and in instances where such failure to notify prejudices your ability to defend or mitigate losses.
The parties’ rights herein do not affect other rights expressed herein.
Jurisdiction, Applicable Law, and Disputes
Except to the extent of applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Angeles County, California.
Furthermore, these Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded and thus deemed unnecessary.
Unsettled disputes relating to Safewords, this website, or our services that have not found resolution after thirty (3) days, may, by notice to the other party, demand the dispute be mediated by a certified mediator in the state of California. Mediation will take place in Los Angeles, California, or otherwise in a location mutually agreed upon by the parties. At all times, the language of the mediation must be in English.
Each party must bear its own costs in mediation, and the parties will equally share third-party mediation costs unless agreed upon by both parties in writing. The parties shall constructively participate in proceedings once started and will attend joint meetings as deemed necessary between the mediator and the parties.
Either party may terminate mediation at any time, following at least one (1) meeting between the mediator and the parties.
Disputes
If a settlement to a dispute cannot be agreed upon through mediation, the parties will settle unresolved disputes relating to Safewords, this website, our services, or these Terms by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.
Unless otherwise required by applicable laws, a single arbitrator will preside over the arbitration. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes relating to the interpretation and/or enforceability of these Terms, including any claim that all or any portion of these Terms is voidable.
Unless agreed upon by the parties, arbitration will take place in Los Angeles, California. Both parties will be responsible for paying any filing, administrative, and arbitrator fees relating to the arbitration. The arbitrator may grant relief that would be available in a court at law or in equity, except for instances in which the arbitrator must not award punitive or exemplary damages, or damages limited or otherwise excluded in these Terms. The award will include costs of arbitration, reasonable legal fees, and any reasonable costs for witnesses.
The parties acknowledge that the award will be binding and may be entered as a judgement in any court of jurisdiction. Except for instances where it may be required by law, neither party nor the appointed arbitrator may disclose the existence, contents, or resolution of any arbitration without the written consent of all parties.
Recovery
In any proceedings, disputes, or arbitration between the parties and relating to these Terms, or otherwise any portion of these Terms, the prevailing party will be entitled to recover from the other party, with exception to other relief awarded, all expenses tha the prevailing party incurred from such proceedings, including legal fees.
The "prevailing party" refers to the party in whose favor an award is rendered, except for instances where such proceedings award finds favor in one party on one or more claims or counterclaims, and in favor of the other party on one or more other claims or counterclaims, neither party shall be considered the prevailing party. In instances where the proceedings are voluntarily dismissed, or otherwise as part of settlement to that dispute, neither party will be the prevailing party in such proceedings.
The parties waive the right to a trial by jury for any dispute relating to Safewords, this website, our services, and/or these Terms. Both parties may enforce this waiver up to and including the first day of trial.
Claims must be brought in individual capacity, and not as a plaintiff or class member in any representative proceeding, and, unless Safewords agrees otherwise, the arbitrator will not consolidate additional claims by other persons. The parties acknowledge and agree that each is waiving the right to participate in a class action in any jurisdiction.
Maintenance and Changes
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our official channels, or by sending you an email or other communication.
Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Safewords may perform maintenance on services at any time. You acknowledge that such maintenance may require downtime, and contents or features on Safewords may not load during this time.
Agreement
These Terms constitute the entire agreement between you and Safewords relating to your access or utilization of this website, and/or our services. It supersedes prior agreements between you and Safewords.
A printed version of this agreement may be admissible in any proceeding relating to these Terms to the same extent as other business documents and records generated and kept in printed form. Additional terms accessible on this website, and/or our services shall govern the items to which they pertain.
California Consumer Rights
California residents may contact Safewords by email at [email protected] in order to resolve any complaints, questions, disputes, or otherwise to request for information not disclosed within these Terms, or made available on this website, and/or our services.
Safewords does not charge consumers for registering or accessing this website, and/or our services, however, it does charge for the purchasing of Content, Memberships, and other specific paid features made available on this website and/or our services.
Last Revision
This document was last updated on November 13, 2023.