Terms of Service
May 2022
These Terms of Service ("Terms") are used to adjust the legal relationship between Poyagirl (hereinafter referred to as "this Website" or "Poyagirl") and you (User). The Terms of Service govern the access, browsing and use of the Site by users ("user" or "users", as applicable); downloading and using the content owned by Poyagirl; and the services provided through the Site ("Services" or "Services", such as Be applicable).
Access to and use of this website means that the user has read and accepted these terms and conditions without exception. Users may not use this website if they do not accept the Terms or have any objection to any part of these Terms.
Poyagirl may amend the Terms at any time, so we encourage users to review these terms on a regular basis. The dates at the beginning of these Terms are the latest updates to these Terms and Conditions, which will apply from the date of publication.
Certain services provided through this website may be subject to certain conditions or instructions that the user must accept before providing the relevant services. These specific conditions may be imposed by Poyagirl. Except for the terms, such specific conditions apply and, in the event of a conflict, this clause shall be superseded. Therefore, users must read and accept these specific conditions before providing the relevant services. Similarly, the privacy policy will apply to the collection and processing of personal data.
1. Purpose of Website
Through the Website, the User can search for visual content and specific information related to such content.
2. Authorized Use of Website
The User is only authorized to use the Website and the Services in accordance with the Terms and in good faith.
Poyagirl's personal account is for personal use only. For your account security, Poyagirl will use technical means to limit frequent switching between multiple devices.
The User will not interfere with the functioning of the Website or in the Services, in particular, will not impersonate another user or person. The User agrees not to carry out any action that may damage, make unavailable, overload, deteriorate or impede the normal use of the Website or the Services, which may impact the security of the Website or the Services, or which may in any way interfere with the Services offered by Poyagirl. It is prohibited to use robots, spiders or any other mechanism, mobile application, program or tool to access, copy or control any part of the Website or the Services in any way which is contrary to the ordinary use of the Website or which infringes Poyagirl's interests, without the express prior authorization from Poyagirl. Likewise, it is prohibited to obtain or attempt to obtain the contents of the Website using any method or system not expressly authorized by Poyagirl or which is not the ordinary method of accessing the Website.
The User shall be responsible for ensuring prior to using the Services that the features of the Services meet the User’s needs and that has all requirements, equipment, and software necessary for this purpose and of any costs required for the use of the Services.
The rights granted to the User under these Terms are personal and shall not be assigned to any third party (including affiliates or entities part of the same group of companies) totally or partially, by any mean, without the prior, express and written consent from Poyagirl.
3. Registration
In order to use certain Services, the User must register, creating a username and password and activating an account. To this end, the User must provide a valid email address where the User will receive notifications related to the Services.
The User agrees to provide the mandatory information required for registration and also acknowledges that such information is true, complete and up to date. The User is solely responsible for keeping such information updated. Should the User provide false, outdated or incomplete information, or should Poyagirl have reasons to suspect it, Poyagirl reserves the right to suspend or cancel the User’s account.
The User must protect and keep confidential the account password and must not disclose it to third parties. The User must neither allow other Users to access the Services through the User’s account nor use the account of another User to access the Services.
The User is responsible for all operations carried out through the User’s account through any device. If the User suspects that another user is using his account he/she should immediately inform Poyagirl.
Poyagirl may suspend or cancel the account of the User if it considers that the User has breached these Terms.
4. Website Content
Subject to your compliance with these Terms of Service, any applicable license agreement with Poyagirl, and the law, you may access and use the Site. Poyagirl remains the sole owner of all right, title, and interest in the Site and reserves all rights not expressly granted under these Terms of Service. Poyagirl may modify, replace, or discontinue the Site or any part thereof at any time, for any reason, with or without notice, in Poyagirl’s sole discretion. Poyagirl provides the Site on an "as is" and "as available" basis.
All content on this Site, including but not limited to Images, and related metadata (collectively the "Poyagirl Content"), as well as the selection and arrangement of the Poyagirl Content, are protected by copyright, trademark, trade secret and other intellectual property laws and treaties. Any unauthorized use of any Poyagirl Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and Poyagirl, Poyagirl does not grant any express or implied permission to use the Site or any Poyagirl Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any Poyagirl Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or Poyagirl Content.
Unless you enter into a license agreement with Poyagirl you may not download, distribute, display and/or copy any Poyagirl Content.
You may not remove any copyright notices contained in the Poyagirl Content.
How to use Poyagirl content?
Free users can browse the image anytime, but with limitations.
Users just need to purchase the website plan to gain the user rights to images during the validity period. The images could be used permanently without restrictions on time, area, etc if users purchased the Premium plan.
Image content license
Free users can get the license rights for the image:
The content of the picture is for personal use and is forbidden to print in physical form to sell.
The Premium plan authorizes you to use images in the following situations:
Digital reproductions, including downloading original files for favorite collect; Browse a few amounts of complete set images with the different Premium plans.
Restrictions on the use of image content
You cannot:
1. Use image content other than the image content explicitly provided by the license you purchased in connection with such image content.
2. When depicting any character ("model") portrayed in the content of the picture, the way it is portrayed makes the normal person feel offended, including but not limited to portraying the model as a) with obscene works, "adult video", adult entertainment venues , accompanying services, dating services or similar content; b) related to advertising or promotional activities of tobacco products; c) participation in political activities (such as any political parties, candidates, elected officials, advertising, or support activities), or involving Any political policy or opinion; d) suffering from or being treated for physical or mental illness; or e) participating in unethical or illegal activities.
3. Use any image content in obscene works, defamatory content or false content, or in ways that would be considered defamatory, obscene, or illegal.
4. Resale, redistribution, access, sharing or transfer of any image content or rights, except as expressly provided herein. For example, but not limited to, the content is prohibited from being displayed as a "library" of the content (or a component thereof), such that the third party can search for and select from the content.
5. Use image content in a manner that infringes the trademark or other intellectual property rights of any third party or results in fraudulent advertising or unfair competition claims.
6. Use any image content (in whole or in part) as a trademark, service mark, logo or other marks of origin, or as part of the above use.
7. Falsely or reasonably implied that the content of the image is created or claimed to be the copyright of the work by someone other than you or the copyright holder of the image content.
5. Tort Claim / DMCA Notice
If you believe that any images or other materials provided by Poyagirl infringe any copyright you own or control, you may notify Poyagirl in the manner set forth in US DMCA Copyright Infringement Notice.
Email: [email protected]
6. Responsibility
The User acknowledges and agrees that the User assumes the risk of using the Website and its services at his own risk and that the User is solely responsible for the misuse or use of the Terms.
The User will be liable for any damages incurred by Poyagirl to the User's use of the Site and Services in violation of these Terms and shall accept any liability that Poyagirl may be liable for in violation of these Terms.
As an example and not a limitation, Poyagirl is not responsible for any damage caused by:
• Not disruption of Poyagirl's responsibility, viruses, technical issues, interference, omissions, unavailability, power outages, telecommunication networks or user equipment failures.
• Websites and services are delayed or unavailable due to defects or traffic overload in the Internet, communication network or power grid.
· Third party action.
· Any other event besides Poyagirl direct control.
In addition to Poyagirl's intentional misconduct, as well as the nature of the user involved or the nature of the problem, the applicable law stipulates that liability cannot be limited by agreement, the risk of using the website and services by the user and Poyagirl is not due to the use of this website and services. Responsible for any damage caused by the user.
7. Conditions of the subscription
The terms in this section ("Order Terms") apply to any order placed on the Site. Upon completion of any purchase of the order, the user shall be deemed to have read and accepted the terms of the order, without exception.
If the user is interested in purchasing any subscriptions, they must follow the instructions on the website from time to time.
A subscription to Poyagirl-selected content is available on the website, including information, prices, and conditions (including but not limited to daily restrictions on Poyagirl content downloads). Poyagirl may modify the subscriptions provided at any time to provide new services (these subscription terms will apply unless otherwise stated) or discontinue any services. Subscriptions are personal subscriptions and may not be transferred to third parties. Except for users, no third party may be permitted to use Poyagirl content (including as a third party, a subsidiary or entity belonging to the same group company for these purposes).
Poyagirl reserves the right to modify the price of any subscription at any time. In order to optimize your user experience, the website price display and amount payment may be matched according to the country you are in. Poyagirl shall apply the price specified on the website when the user submits the order.
Users should pay in advance by Paypal or credit card and other convenient payment methods provided by Poyagirl, as described on the website. To purchase and pay for a subscription, users should follow the instructions on the website. Processing payment information and data via Paypal or credit cards and other convenient payment methods provided by Poyagirl are done on a third-party website. When ordering any order, the user authorizes Poyagirl to charge the appropriate price via the selected payment method. The subscription can only be activated after Poyagirl has received payment or payment from the relevant financing entity. After that, the order is valid for the period of purchase by the user.
Since Poyagirl content is digital content, the right to cancel is not applicable but does not affect the warranties set forth in the applicable consumer regulations.
8. Other
These Terms of Use will not be interpreted or biased towards either party but will be interpreted in the sense of the text. Any invalid or unenforceable part of these Terms of Use shall not affect the validity or enforceability of the remainder.
If you have a problem or need support, please contact us quickly: [email protected]
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