TERMS OF SERVICE

These Terms of Service were last revised on June 25, 2024.

Feetdreams LLC, a Nevada limited liability company (“Feetdreams”) provides the feetdreams.net site and related goods and services, including any and all mobile applications, online software, and other services (collectively, the “Feetdreams Service”) subject to your compliance with the terms and conditions set forth below. Your use of the Feetdreams Service signifies your acknowledgement of and agreement to these Terms of Service.

These Terms of Service apply to all users of the Feetdreams Service. The term “users” includes both registered members of the Feetdreams Service and any other person that accesses or uses the Feetdreams Service at any point for any amount of time.

AGE RESTRICTION

You hereby declare, represent and warrant that you are over eighteen (18) years of age and that you are fully able and competent to legally bind yourself to and abide by all of the terms, conditions, obligations, declarations, affirmations, representations, and warranties set forth in these Terms of Service. Feetdreams.net is not intended for use of children under eighteen (18) years old. Children under eighteen (18) years of age are hereby explicitly prohibited from using the Feetdreams.net website.

NOTICE OF EXPLICIT CONTENT

You understand and agree that by using Feetdreams.net, you may encounter content that you may find offensive, indecent or objectionable. This content may or may not be identified as having attributes which you may find offensive. Nevertheless, you agree to use Feetdreams.net at your own risk, and Feetdreams has no liability to you for any videos or other digital content you view. Video categories, tags, types, genres, and descriptions are provided for convenience, and Feetdreams does not guarantee their accuracy. We will not be responsible to you if you suffer any loss or damage as a result of your accessing or viewing any adult content in a way that places you in breach of any contract you have with a third party (for example, your employment contract) or in breach of any applicable law.

1. ADULT CONTENT

1.1. No Minors

If you are under the age of 18 years, or under the age of majority in the location from where accessing the Feetdreams Service, you do not have authorization or permission to sign up for services or otherwise access the Feetdreams Service or its content.

1.2. Section 230(d) Notice

In accordance with 47 U.S.C. § 230(d), you are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that may be harmful to minors. You may find information about providers of these protections on the Internet by searching “parental control software” or similar terms. If minors have access to the internet, you may restrain their access to sexually explicit material by using any of the following products, which Feetdreams provides for informational purposes only and does not endorse: Net Nanny, Spytech, Qustodio, Symantec Norton Family Premier, Kaspersky Safe Kids, and CYBERsitter.

1.3. No Prostitution or Sex Trafficking

The solicitation of prostitution on the Feetdreams Service will not be tolerated in any fashion and is strictly prohibited. Feetdreams will immediately terminate any account used to solicit prostitution.

1.4. No Child Pornography

Feetdreams prohibits pornographic content involving minors. Feetdreams only allows adult models to use its billing and access platform. If you see any visual media, real or simulated, depicting minors engaged in sexual activity on the Feetdreams Service, please promptly report this to Feetdreams at support@feetdreams.net. Please include with your report all appropriate evidence, including the webpage, date, and time of identification. Feetdreams will promptly investigate all reports and take appropriate action. Feetdreams fully cooperates with any law-enforcement agency investigating child pornography.

1.5. 18 U.S.C. 2257 Exemption

• (a) This service is an interactive computer service as defined under 47 U.S.C. § 230(f), as well as an Internet access service as defined under 47 U.S.C. § 231(e), that is statutorily exempt from being considered a producer under 18 U.S.C. § 2257(h)(2)(B).
• (b) All pictures, graphics, videos or other visual media displayed on the Feetdreams Service are exempt from the provision of 18 U.S.C. section 2257 and 28 C.F.R. 75 because said visual media do not consist of depictions of conduct as specifically listed in 18 U.S.C. section 2256 (2) (A) through (D), but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995.
• (c) The owners and operators of the Feetdreams Service are not the primary producer (as that term is defined in 18 U.S.C. section 2257 or subsequent case law defining such) of any of the visual content contained on the Feetdreams Service.
• (d) All persons depicted on the Feetdreams Service were at least 18 years old at the time of the photography or videography.

1.6. 18 U.S.C. 2257 Voluntary Compliance

• (a) Although the Feetdreams Service is exempt from the provisions of 18 U.S.C. section 2257, Feetdreams has voluntarily retained records which would meet the requirements of 18 U.S.C. section 2257 and 28 CFR Part 75.
• (b) All visual depictions displayed on the Feetdreams Service, whether of actual sexually explicit conduct, simulated sexual conduct, or otherwise, are visual depictions of persons who were at least 18 years of age when those visual depictions were created. Government-issued photographic identification confirming the foregoing is held by the Custodian of Records listed below. Such identification may or may not have been issued by the state or federal government of the USA.
• (c) Custodian of Records: Feetdreams LLC, 10724 Balsam Creek Ave, Las Vegas, NV, 89144.

2. ONLINE VENUE

2.1. Online Venue

The Feetdreams Service is an online venue (“Venue”) matching Buyers (“Buyers”) and Sellers (“Sellers”) including for Digital Content and Subscriptions. Feetdreams is not involved in the actual transactions between Buyers and Sellers. Feetdreams does not transfer legal ownership of items from Sellers to Buyers. Rather, Feetdreams merely provides the venue and does not own or sell any of the items listed. The actual contract for sale is directly between the Sellers and the Buyers.

2.2. No Control Over Listings

Feetdreams has no control over and does not guarantee the existence, quality, safety, or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of Sellers to sell items; the ability of Buyers to pay for items; or that a Buyer or Seller will actually complete a transaction or return an item.

2.3. Legal Compliance

You agree not to use the Venue to buy or sell items that are illegal in Nevada, the United States, or in your local jurisdiction. By using the Venue, you agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Feetdreams Service.

2.4. Use of the Venue

• (a) Pay for items purchased by you.
• (b) Deliver items sold by you.
• (c) Post accurate information about yourself and any products sold by you.
• (d) List items for sale in appropriate categories.
• (e) Abide by all applicable laws, third-party rights, and Feetdreams policies.
• (f) Pay all required fees to the Feetdreams Service for use of the service.
• (g) You use the Venue at your own risk.

2.5. PayPal Adaptive

All payments from Buyers to Sellers are processed through PayPal Adaptive, not Feetdreams. PayPal Adaptive accepts money from the Buyer, pays Feetdreams its listing fees, and remits the remainder of the payment to the Seller. Buyers and Sellers agree never to circumvent the official PayPal Adaptive payment system used by the Feetdreams Service.

2.6. Placing Listings

If you place a listing on the Venue, you are legally and solely responsible for the content of the listing and your interactions with any Buyers or potential Buyers. By listing an item on the Venue, you warrant that all aspects of the item comply with Feetdreams’s published policies. You further warrant that you are in compliance with Feetdreams’s published policies. You also warrant that you may legally sell the item.

2.7. Responding to Listings

If you respond to a listing on the Venue, you are legally responsible for your interactions with any Sellers. You further warrant that you are in compliance with Feetdreams’s published policies. You are responsible for reading the full item listing before purchasing an item. When you purchase an item you are entering into a legally binding contract directly with the Seller, not with Feetdreams.

2.8. Scams

Use common sense when placing or responding to a listing through the Venue. Use the same common sense you would use in the real world when reading an ad. If it is too good to be true, it is a scam. For more information about various online scams and how to avoid them, go to OnGuardOnline.gov.

2.9. Cancellation of Listings or Accounts

Feetdreams reserves the right to terminate any listing or to cancel the account of any Venue user at any time and for any reason.

2.10. Rejection of Orders

Feetdreams may reject your order for any reason. Reasons for rejecting an order include:

• (a) Pricing error.
• (b) Unavailability.
• (c) Rejection of payment.
• (d) Suspected fraudulent activity.
• (e) Orders connected with a previous credit card dispute.

2.11. Sales Tax

Feetdreams charges sales tax where required by law. If sales tax is charged, the appropriate charges will be added to your purchase and displayed in your shopping cart and on your invoice.

2.12. Price Changes

Sellers or Feetdreams may change the price of any item at any time.

2.13. Fraudulent Activities

Feetdreams will prosecute to the fullest extent of the law any fraudulent activities related to any chargebacks or reversals of a valid charge for an order.

2.14. Returns / No Warranties

There are no product warranties of any kind. Digital Content and Subscriptions are not eligible to be returned or exchanged.

2.15. Additional Policies

The use of the Venue is subject to published policies posted on the Feetdreams Service, including policies regarding listing items, selling items, buying items, and the current list of service fees. Your use of the Venue is subject to those policies, which are incorporated into this Agreement by this reference.

3. DIGITAL CONTENT

Feetdreams may offer the ability to purchase licenses to Digital Content offered by third-party Sellers. If you purchase Digital Content, the following provisions will apply in addition to the other Terms of Service.

3.1. Digital Content

The Feetdreams Service allows you to purchase access to digital content, including photographs and videos for streaming and download (“Digital Content”) from third-party Sellers. In certain circumstances, some Digital Content may be available for streaming only or downloading only. In order to view the Digital Content, you will need a personal computer, tablet, phone, or other device that meets the Feetdreams Service’s system and compatibility requirements. When streaming, the resolution and quality of the Video you receive will depend on a number of factors, including your internet bandwidth, which may fluctuate while a Video is being streamed.

3.2. Digital Content Viewing License

Subject to payment of any applicable fees, and your compliance with the Terms of Service, the Seller of the Digital Content grants you a personal, non-exclusive, non-transferable, non-sublicensable, license, to access, view, use and display the Digital Content for Non-Commercial, Private Use for as long as Feetdreams and the applicable copyright holder have rights to provide you that Digital Content (“Digital Content Viewing License”). “Non-Commercial, Private Use” means a presentation of the Digital Content for which no fee or consideration of any kind is charged or received, which takes place in your private residence or, if outside your residence, is limited to a private viewing by you. Non-Commercial, Private Use specifically excludes any public or private event presentation even if no fee is charged. Individual Sellers may offer specific or more restrictive Digital Content Viewing Licenses for individual items of Digital Content (“Seller License”). In the event a Seller has provided a Seller License for Digital Content, the Seller License shall be the applicable Digital Content Viewing License.

3.3. Restrictions on Use

You may not transfer, copy or display the Digital Content, except as permitted by these Terms of Service. You may not remove any watermarks, labels, or other legal or proprietary notices included in any Digital Content, and you may not attempt to modify any Digital Content obtained through the Feetdreams Service, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Digital Content. In addition, you may not:

• (i) Sell, rent, lease, distribute, or broadcast any right to the Digital Content to any third party;
• (ii) Attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management system used by the Feetdreams Service; or
• (iii) Use any Digital Content for any commercial or illegal purpose.

3.4. Availability of Digital Content

Digital Content you purchase access to will generally continue to be available to you for download or streaming as long as Feetdreams continues to operate the Feetdreams Service. In certain cases, however, Digital Content may become unavailable due to potential content provider licensing restrictions, loss by Feetdreams of the right to provide you the Digital Content, and for other reasons. Feetdreams will not be liable to you if any Digital Content becomes unavailable for further downloading or streaming. If Digital Content can be downloaded when you purchase Digital Content Viewing License, you are responsible for downloading the Digital Content as soon as possible in case the Digital Content later becomes unavailable. Feetdreams reserves the right to modify, suspend, or discontinue the Feetdreams Service, or any part thereof, at any time and without notice to you, and Feetdreams will not be liable to you should it exercise such rights, even if your ability to view non-downloaded Digital Content is impacted by the change.

3.5. Order and Acceptance

Each Digital Content in an order that you submit to Feetdreams constitutes a separate offer to license that Digital Content pursuant to the Digital Content Viewing License. After you place your order through the Feetdreams Service, you will receive a confirmation notice on the website and/or through a confirmation email acknowledging the purchase.

3.6. Change to the Digital Content Terms

If the terms applicable to Digital Content change, you will be asked to accept new terms when you log into your account or when you next purchase Digital Content Viewing License. Once you have accepted the new terms, they will apply to your use of all of your Digital Content licenses (including Digital Content you have purchased in the past) and all subsequent purchases, until we notify you of further changes. If you refuse to accept the updated terms then you will not be able to buy any further Digital Content through the Feetdreams Service, and the latest version of the Terms of Service that you accepted will continue to apply to your use of the Digital Content for which a license has been purchased.

4. SUBSCRIPTIONS

Feetdreams may offer the ability to purchase subscriptions to content offered by third-party Sellers (“Subscriptions”). If you purchase a Subscription, the following provisions will apply in addition to the other Terms of Service.

4.1. Private Access

Feetdreams serves as a platform to allow users to pay for Subscriptions from Sellers. Feetdreams is not responsible for, and has no control over, the content Sellers provide through their Subscriptions or how the Sellers choose to deliver access to the Subscriptions. The Feetdreams Service operates solely as a third-party billing platform to authorize access to the Sellers’ Subscriptions, which may be hosted with other companies or by the Sellers themselves.

4.2. Payments / Fees

The Subscription may have recurring subscription fees disclosed at the time of the initial enrollment. You are responsible for such recurring fees according to the terms and conditions of the Subscription. Subscription and membership fees are subject to change at any time at the sole and absolute discretion of the Sellers.

4.3. Automatic Recurring Billing

In accordance with the terms and conditions of the Subscription, subscription fees may be automatically renewed at or after the end of the original term selected, for a similar period of time and for a similar or lower amount, unless notice of cancellation is received from you. Unless and until your subscription is canceled in accordance with the Terms of Service, you hereby authorize Feetdreams to charge your chosen payment method to pay for the ongoing cost of membership.

4.4. Authorization of Use

Any subscription you purchase grants you a single right of access. This right of access is authorized for the sole use by one (1) subscriber. All memberships are provided for personal use and shall not be used for any commercial purposes or by any third party. Commercial use of any subscription or any material found therein is strictly prohibited. No material you access with a subscription may be transferred to any other person or entity, whether commercial or non-commercial. No material accessed through a subscription may be displayed publicly or shared. In addition, materials may not be modified, or altered.

4.5. No Transfer of Access Rights

You may not under any circumstances transfer your access right to any other person or entity. You are required to keep your access rights strictly confidential. If any breach of security, theft, or loss of access rights, or unauthorized disclosure of access rights information occurs, you must immediately notify Feetdreams of the security breach.

4.6. Change to the Subscription Terms

If the terms applicable to a Subscription change, you will be asked to accept new terms when you log into your account or when you next purchase or renew a Subscription. Once you have accepted the new terms, they will apply to your use of the Subscriptions (including Subscriptions you have purchased in the past) and all subsequent purchases, until we notify you of further changes. If you refuse to accept the updated terms then you will not be able to buy any further Subscriptions through the Feetdreams Service, and the latest version of the Terms of Service that you accepted will continue to apply to your use of the Subscriptions.

5. WEBSITE ACCESS

5.1. Access

Feetdreams grants you a limited, revocable, nonexclusive license to access the Feetdreams Service for your own personal use.

5.2. Account Creation

In order to access some features of the Feetdreams Service, you will have to create an account. You may never use another’s account. When creating your account, you must provide accurate and complete information. Should any of your information change after submitting it to the Feetdreams Service, you are required to update that information immediately.

5.3. Account Activity

You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Feetdreams immediately of any breach of security or unauthorized use of your account. Although Feetdreams will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Feetdreams or others due to such unauthorized use.

5.4. Automated Systems

You agree not to use or launch any automated system, including without limitation, “scrapers,” “robots,” “spiders,” and “offline readers” that access the Feetdreams Service. You agree not to collect or harvest any personally identifiable information, including account names, from the Feetdreams Service, nor to use the communication systems provided by the Feetdreams Service for any commercial solicitation or illegal or improper purposes.

5.5. Search Engines

Notwithstanding the foregoing, Feetdreams grants the operators of recognized international public search engines, such as Google, Bing, and DuckDuckGo, permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials. Feetdreams reserves the right to revoke these exceptions either generally or in specific cases.

5.6. Termination of Account

You agree that Feetdreams, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Feetdreams Service (or any part thereof), immediately and without notice, and remove and discard any content within the Feetdreams Service, for any reason, including, without limitation, if Feetdreams believes that you have acted inconsistently with the letter or spirit of the Terms of Service. Further, you agree that Feetdreams shall not be liable to you or any third party for any termination of your access to the Feetdreams Service. Further, you agree not to attempt to use the Feetdreams Service after said termination.

5.7. Termination of Service

Feetdreams may modify, suspend, discontinue, or restrict the use of any portion of the Feetdreams Service, including the availability of any portion of the content at any time, without notice or liability. The Feetdreams Service may deny access to any registered member or other user at any time for any reason, or no reason at all, in our sole discretion. In addition, the Feetdreams Service or Feetdreams may at any time transfer rights and obligations under these Terms of Service to any Feetdreams affiliate, subsidiary, or business unit, or any of their affiliated companies or divisions, or any entity that acquires Feetdreams, the Feetdreams Service, or any of their respective assets. You agree that Feetdreams shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any service.

5.8. Third Party Links

The Feetdreams Service may contain links to third-party websites that Feetdreams does not own or control. Feetdreams assumes no responsibility for the content, privacy policies, or practices of any third-party websites. In addition, Feetdreams will not and cannot censor or edit the content of any third-party site. You expressly relieve Feetdreams from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Feetdreams Service and to read the terms and conditions and privacy policy of other websites that you visit.

5.9. Consent to Electronic Service

When you use the Feetdreams Service or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Feetdreams Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

5.10. Nevada Based Website

Feetdreams is based in Nevada in the United States. We make no claims that the Feetdreams Service or its content is accessible or appropriate outside of the United States. Access to the Feetdreams Service may not be legal by certain persons or in certain jurisdictions. Check with your individual jurisdiction for legality. If you access the Feetdreams Services from outside the United States, you do so on your own initiative and are responsible for complying with the laws in your jurisdiction as well as the laws of Nevada and the United States.

6. THIRD-PARTY CONTENT / INTERACTIVE FEATURES

6.1. Third-Party Content

The Feetdreams Service may permit the submission, hosting, sharing, and/or publishing of text, photographs, audio, videos, reviews, or other content, including Digital Content, by you, other users, and other third parties such as our partners or affiliates (“Third-Party Content”). Third-Party Content also includes, but is not limited to, direct messaging between users, profile submissions, and any other interactive area of the Feetdreams Service.

6.2. License

By posting, submitting or uploading Third-Party Content to any area of the Feetdreams Service, you automatically grant, and you represent and warrant that you have the right to grant, to Feetdreams a non-exclusive, fully paid, sublicensable, transferable, worldwide license to use the Third-Party Content as necessary for use on the Feetdreams Service, including hosting, copying, publicly performing, displaying, and translating said Third-Party Content. Furthermore, by posting Third-Party Content to the Feetdreams Service, you automatically grant Feetdreams all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Third-Party Content by any party for any purpose.

6.3. No Private Communications

You acknowledge that the interactive features on the Feetdreams Service are not for private communications. You acknowledge that you have no expectation of privacy with regard to any content you submit to the Feetdreams Service. Feetdreams cannot guarantee the security of any information you disclose through the Feetdreams Service. You make such disclosures at your own risk. Feetdreams has no obligation to retain or provide you copies of Third-Party Content.

6.4. No Posting Agents

When posting Third-Party Content, you agree never to use a third-party agent, service, or intermediary that offers to post Third-Party Content to the Feetdreams Service on your behalf (“Posting Agent”). Posting Agents are not permitted to post Third-Party Content on behalf of others, to cause Third-Party Content to be so posted, or otherwise access the Feetdreams Service to facilitate posting Third-Party Content on behalf of others, except with express written permission from Feetdreams.

6.5. Keywords

You must not describe or assign keywords to your Third-Party Content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Feetdreams may change or remove any description or keyword that it considers inappropriate or unlawful in Feetdreams’s sole discretion.

6.6. Sole Responsibility

You are and shall remain solely responsible for any and all Third-Party Content you post or which is posted through your account. You acknowledge that any information you disclose through the Feetdreams Service becomes public information and can be used by people you do not know. Accordingly, you should exercise caution when deciding to disclose any information on the Feetdreams Service. Any such disclosures are at your own risk.

6.7. Offensive Content

You understand that when using the Feetdreams Service, you will be exposed to Third-Party Content from a variety of sources, and that Feetdreams is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Third-Party Content. You further understand and acknowledge that you may be exposed to Third-Party Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Feetdreams with respect thereto, and agree to indemnify and hold Feetdreams, its owners, operators, affiliates, agents, licensors, and licensees, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

6.8. Third-Party Views

Third-Party Content may contain the views and opinions of individual content authors. Feetdreams does not endorse any Third-Party Content or any opinion, recommendation, or advice expressed therein, and Feetdreams expressly disclaims any and all liability in connection with Third-Party Content.

6.9. No Prescreening

Feetdreams does not prescreen Third-Party Content submitted and Feetdreams has no duty to monitor any interactive area of its website. Although we may monitor or review Third-Party Content from time to time, we do not actively monitor the Third-Party Content of the interactive areas and we are not under any obligation to do so. Each user is solely responsible and liable for the contents of his or her Third-Party Content, and we are not responsible in any way for the content or opinions expressed therein. We have the right, but not the obligation, to remove, edit or move, at any time, any material posted, in each case as we deem appropriate. Feetdreams may refuse to post, deliver, remove, modify, or otherwise use or take any action with respect to any submission in any Feetdreams Service.

6.10. Removal of Third-Party Content

We may remove any Third-Party Content for any or no reason in our sole, non-reviewable discretion. In addition, we may take any action concerning any Third-Party Content we consider necessary or appropriate, including disclosing your identity or other information about you if required by law, taking appropriate legal action, or terminating or suspending your account. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any Third-Party Content on or through the Website. You hereby waive and hold harmless Feetdreams and its affiliates, licensees, and service providers from any claims resulting from any action taken during, or taken because of, investigations by either Feetdreams or law enforcement authorities.

6.11. You Upload Third-Party Content at Your Own Risk

You acknowledge that you are responsible for any Third-Party Content you post, and you, not us, have full responsibility for that Third-Party Content, including its legality, reliability, accuracy, and appropriateness. We are not liable to any person for the content or accuracy of any Third-Party Content posted by you or any other user. To the fullest extent allowed by applicable law, we will not be liable to you for any unauthorized copying, use, or distribution of your Third-Party Content by other parties, and you hereby release and forever waive any claims you may have against us for any such unauthorized copying or use of the Third-Party Content, under any equitable or legal theory.

6.12. No In-Person Meetups

You must not use the Feetdreams Service to arrange face-to-face meetings with any user, including exchanging money or other consideration for sex or companionship. We prohibit any form of interaction with users outside of the Feetdreams Service. If you do, you do so at your own risk, and we will not be liable to you for anything that happens outside of the Feetdreams Service with any user.

7. ADDITIONAL REQUIREMENTS FOR POSTING ADULT CONTENT

If you post any adult content using the Feetdreams Service, you specifically agree to comply with the following requirements, representations, and warranties.

7.1. Persons Depicted in Third-Party Content

You must obtain and keep on record written consent from all persons (including yourself) depicted in your Third-Party Content specific to the following areas:

• (a) Consent to be depicted in the Third-Party Content;
• (b) Consent to allow for the public distribution of the Third-Party Content and to upload the Third-Party Content to the Feetdreams Service; and
• (c) If the Third-Party Content will be made available for downloading by other users, consent to have the Third-Party Content downloaded.

In addition, you must verify the identity and age of all persons depicted in the Third-Party Content to ensure that all persons depicted are over the age of eighteen, and you must be able to provide us with supporting documents on request.

7.2. 18 U.S.C. § 2257 Obligations

Federal law requires you to keep records for any visual depictions that you post on or through the Feetdreams Service that portray “actual sexually explicit conduct,” “depictions of the genitals or pubic area,” or “simulated sexually explicit activity,” as those terms are defined in 18 U.S.C. §§ 2256(2)(A)(i)–(iv) and 2257A. Your failure to comply with 18 U.S.C. § 2257 may make you subject to criminal and civil prosecution for the violation of federal law.

7.3. Representations and Warranties

You state that the following facts are accurate about the Third-Party Content you post on or through the Feetdreams Service:

• (a) You own or control all rights in and to the Third-Party Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns;
• (b) Your Third-Party Content does not and will not infringe, violate, or misappropriate another person’s rights, including any copyright, service mark, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
• (c) If any Third-Party Content contains the name, identity, likeness, and voice (or other biographical information) of another person, you have obtained the appropriate consents and licenses for your use of those features, and that Feetdreams and its affiliates and service providers, and each of their and Feetdreams’s respective licensees, successors, and assigns, are allowed to use them to the extent indicated in this agreement;
• (d) All persons depicted in your Third-Party Content were at least 18 years old and the age of majority in your jurisdiction at the time of production;
• (e) You have verified the identity and age of all persons depicted in your Third-Party Content to ensure that all persons depicted are adults, and you will be able to provide supporting documents on request;
• (f) You obtained and will keep on record written consent from all persons (including yourself) depicted in your Third-Party Content, including consent to be depicted in the Third-Party Content, consent to allow for the public distribution of the Third-Party Content and to upload the Third-Party Content to the Feetdreams Service, and if the Third-Party Content will be made available for downloading by other users, consent to have the Third-Party Content downloaded;
• (g) You consent to be depicted in your Third-Party Content;
• (h) You consent to allow for the public distribution of your Third-Party Content and to upload the Third-Party Content to the Feetdreams Service; and
• (i) If you will make your Third-Party Content available for downloading by other users, you consent to have your Third-Party Content downloaded.

8. ACCEPTABLE USE POLICY

By using the Feetdreams Service, you specifically agree to comply with each of the following Acceptable Use Policies. The Acceptable Use Policy applies to all Third-Party Content and the use of the Feetdreams Service:

• (a) You will not post or transmit any material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights.
• (b) If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the material, or (ii) secured from your employer a waiver as to all rights in or to the material.
• (c) You have fully complied with any third-party licenses relating to the material you post or transmit and have done all things necessary to successfully pass through to Feetdreams any required terms.
• (d) You will not post or transmit any material that is false, deceptive, misleading, or deceitful.
• (e) You will not post or transmit any material that depicts private or personal information of any person without their written consent.
• (f) You will not post or transmit any material that is abusive, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, defamatory, or is otherwise in violation of any applicable law, rule or regulation.
• (g) You will not post or transmit any material that deceptively impersonates any person or entity.
• (h) You will not use the Feetdreams Service to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• (i) You will not use the Feetdreams Service for commercial activities or sales, including unsanctioned contests, sweepstakes, and other sales promotions, barter, or advertising.
• (j) You will not use a name, username, or identify the material you submit in a manner that misleads users into thinking that you are another person or company.
• (k) You will not post content that constitutes or contains any form of advertising or solicitation or for commercial purposes other than as allowed on the Feetdreams Service.
• (l) You will not use the Feetdreams Service to request money from, or otherwise defraud, other users.
• (m) You will not post or transmit any software or computer files that contain malware, computer viruses, worms, Trojan horses, rootkits, spyware, adware, and other malicious or unrequested software, computer code, or file.
• (n) You will not post or transmit any content that is intended to promote or commit an illegal act.
• (o) You will not post or transmit any content that promotes or solicits any illegal activity, or advocate, promote, or assist any unlawful act, including promoting or facilitating the prostitution of another person, sex trafficking, or human trafficking.
• (p) You will not post or transmit any content that violates any person’s legal rights (including the rights of publicity and privacy) or contain any material that could give rise to any civil or criminal liability.
• (q) You will not sell any products or services that are illegal, according to applicable laws, to sell, distribute, or use.
• (r) You will not sell any products or services that may be hazardous, counterfeit, stolen, fraudulent, or abusive.
• (s) You will not submit content that promotes, depicts, or constitutes “revenge porn” (being any sexually explicit material featuring any individual who has not given prior, express, and fully informed consent to that material (i) being taken, captured, or otherwise memorialized; or (ii) being posted and shared on the Website).
• (t) You will not submit content that promotes or depicts alcohol, drugs, drug paraphernalia, firearms, weapons, or any goods whose sale, possession, or use is subject to prohibitions or restrictions.
• (u) You will not sell any products or services with depictions of persons under the age of eighteen (18).
• (v) You will not use the Feetdreams Service to exploit, harm, or to try to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise.
• (w) You will not submit content that contains scat play, vomit play, underage play, content featuring blood coming from bodily harm, bestiality, extreme violence, or non-consensual sex.
• (x) You will not use the Feetdreams Service in any way that violates any applicable federal, state, local, or international law or regulations.
• (y) You will not use the Feetdreams Service to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Feetdreams Service in our sole and non-reviewable discretion.

Failure to comply with the above rules may lead to you being immediately and permanently banned, with notification to law enforcement and/or your internet service provider.

9. INTELLECTUAL PROPERTY INFORMATION

9.1. Ownership

Other than Third-Party Content, all content on the Feetdreams Service, including without limitation, the text, software, scripts, tools, graphics, photos, sounds, music, videos, and interactive features (“Content”) and the trademarks, service marks, and logos contained therein (“Marks”), are owned by or licensed to Feetdreams. The Content and Marks are protected to the maximum extent permitted by intellectual property laws and international treaties. The Feetdreams Service is protected by copyright law, including as a collective work and/or compilation, pursuant to copyright laws and international conventions.

9.2. Derivative Works / Redistribution Prohibited

Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Feetdreams.

9.3. Reproduction Prohibited

You further agree not to reproduce, duplicate, or copy Content from the Feetdreams Service without the express written consent of Feetdreams, and agree to abide by any and all copyright and other legal notices displayed on the Feetdreams Service. You may not decompile or disassemble, reverse engineer, or otherwise attempt to discover any source code contained in the Feetdreams Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Feetdreams Service.

9.4. Embedded Content / Frames

You may not embed the Feetdreams Service or place the Feetdreams Service within inline links, frames, or iframes.

10. WARRANTY DISCLAIMER

10.1.

THE FEETDREAMS SERVICE, INCLUDING ANY CONTENT, THIRD-PARTY CONTENT, OR ANY SITE-RELATED SERVICE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FEETDREAMS HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

10.2.

FEETDREAMS MAKES NO WARRANTY THAT: (I) THE FEETDREAMS SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE FEETDREAMS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FEETDREAMS SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) ANY ERRORS IN THE FEETDREAMS SERVICE WILL BE CORRECTED.

10.3.

FEETDREAMS IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS, OR INACTIONS OF ANY USER, OR ANY OTHER THIRD PARTY, AND FEETDREAMS WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED HEREIN.

10.4.

YOU ACKNOWLEDGE THAT FEETDREAMS HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF PRODUCTS AND SERVICES ADVERTISED ON THE FEETDREAMS SERVICE, OR THE TRUTH OR ACCURACY OF ANY THIRD-PARTY CONTENT.

10.5.

FEETDREAMS, ITS AFFILIATES, AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE FEETDREAMS SERVICE, SITE-RELATED SERVICES, AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE FEETDREAMS SERVICE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE FEETDREAMS SERVICE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE FEETDREAMS SERVICE AND/OR THOSE SERVICES.

10.6.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS, TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, GUARANTEES, CONDITIONS, REPRESENTATIONS, AND UNDERTAKINGS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF SERVICE ARE FAIR AND REASONABLE.

11. LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT FEETDREAMS IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, FEETDREAMS IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FEETDREAMS, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FEETDREAMS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF SERVICE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE.

12. UNSOLICITED MATERIAL AND IDEAS

12.1.

We are happy to hear from users and welcome feedback regarding the Feetdreams Service. However, if you transmit unsolicited submissions to us through the Feetdreams Service or otherwise, you grant Feetdreams a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable, assignable, and transferable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such submissions, and you understand and agree that such submissions may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or otherwise used as Feetdreams sees fit.

12.2.

By using the Feetdreams Service and transmitting an unsolicited submission to us, you agree that you are not entitled to any compensation, credit, or notice whatsoever with respect to such submission, and that by sending an unsolicited submission you waive the right to make any claim against the Feetdreams Service, Feetdreams, and its affiliated companies, officers, directors, or employees relating to our use of such submission, including, without limitation, infringement of proprietary rights, unfair competition, breach of implied contract, or breach of confidentiality, even if material or an idea is used that is or may be substantially similar to the idea you sent.

13. INDEMNITY

13.1.

You agree to defend, indemnify, and hold harmless Feetdreams, its affiliated companies, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from:

• (a) Any Venue item in which you are the Buyer or Seller;
• (b) Your use of and access to the Feetdreams Service;
• (c) Your participation in any interactive area of the Feetdreams Service including reviews, the Venue, and any material posted by you thereto;
• (d) Your violation of any term of these Terms of Service;
• (e) Your violation of any third party right, including without limitation any copyright, property, or privacy right;
• (f) Your violation of any law, rule, or regulation of the United States, any state, or any other country;
• (g) Any claim that Third-Party Content posted by you or using your account caused damage to another party;
• (h) Any other party’s access and use of the Feetdreams Service with your account.

13.2.

This defense and indemnification obligation will survive these Terms of Service and any termination of your use of the Feetdreams Service.

14. DIGITAL MILLENNIUM COPYRIGHT ACT

14.1. Infringement Not Permitted

Feetdreams does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Feetdreams will remove any content if properly notified that such content infringes on another’s intellectual property rights. Feetdreams reserves the right to remove any content without prior notice.

14.2. DMCA Notice

If you are a copyright owner or an agent thereof and believe that any Third-Party Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

• (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• (b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• (c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• (d) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
• (e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• (f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Feetdreams’s designated Copyright Agent to receive notifications of claimed infringement:

Feetdreams LLC
Attn: Copyright Agent
10724 Balsam Creek Ave
Las Vegas, NV, 89144
copyright@feetdreams.net

You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

14.3. Counter-Notice

If you believe that your Third-Party Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your Third-Party Content, you may send a counter-notice containing the following information to the Copyright Agent:

• (a) Your physical or electronic signature;
• (b) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• (c) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• (d) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Las Vegas, Nevada, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

14.4. Effect of Counter-Notice

If a counter-notice is received by the Copyright Agent, the Feetdreams Service may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Feetdreams Service’s sole discretion.

15. PRIVACY POLICY

15.1.

Feetdreams has established a Privacy Policy to explain to users how personal information is collected and used, which may be reviewed and accessed from the website: https://feetdreams.net/

15.2.

Your use of the Feetdreams Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Feetdreams may, in its sole discretion, preserve or disclose content posted by you, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce the Terms of Service, or respond to claims from third-parties.

16. GOVERNING LAW / DISPUTES

16.1.

You agree that the Feetdreams Service shall be deemed solely based in the State of Nevada.

16.2.

The Feetdreams Service shall be deemed a passive website that does not give rise to personal jurisdiction over Feetdreams, either specific or general, in jurisdictions other than Nevada.

16.3. Governing Law / Jurisdiction

These Terms of Service will be governed and interpreted in accordance with the internal laws of the State of Nevada applicable to agreements entered into and to be wholly performed therein, without regard to principles of conflict of laws. If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed from the remainder of these Terms of Service, which shall remain in full force and effect. These Terms of Service are governed by a mandatory arbitration clause set out below, however, if a court is necessary in whole or in part to enforce these Terms of Service, you consent and submit to the sole and exclusive jurisdiction of the state and federal courts located in Clark County, Nevada and waive any objection to personal jurisdiction, to venue, or to convenience of forum.

16.4. Disputes

Any dispute, claim or controversy arising out of or relating to the Feetdreams Service, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Las Vegas, Nevada, before one arbitrator. At the option of the first to commence an arbitration, the arbitration shall be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, or by the American Arbitration Association pursuant to its Commercial Arbitration Rules. The arbitrator may not award any consequential, indirect, exemplary, special or incidental damages arising from or relating to your use of the Feetdreams Service (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss). Judgment on the Award may be entered in any court having jurisdiction. You and we will each pay one-half of the costs and expenses of such arbitration, and each of the parties will separately pay their counsel fees and expenses. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court in Clark County, Nevada to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, trademarks, and trade secrets, but not privacy or publicity rights). For any actions brought in court, you and Feetdreams consent to the sole and exclusive jurisdiction of the courts located in Clark County, Nevada, including for acts occurring outside of the United States.

16.5. Statute of Limitations

You agree to file any claim regarding any aspect of the Feetdreams Service or these Terms of Service within six months of the time in which the events giving rise to such claim began, or you agree to waive such claim.

16.6. Class Action Waiver

You agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis. YOU AND Feetdreams AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

17. ASSIGNMENT / MODIFICATION

17.1. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you. Feetdreams may assign these Terms of Service, and any rights and license granted hereunder without restriction.

17.2. Modification

We reserve the right to amend these Terms of Service at any time. If we do this, we will post the amended Terms of Service on this page and indicate at the top of the page the date the Terms of Service were last revised. The most current version of these Terms of Service will supersede all previous versions. Your continued use of the Feetdreams Service after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Feetdreams Service.

18. ABILITY TO ACCEPT TERMS OF SERVICE

You hereby declare, represent and warrant that you (either personally or through parental or guardian consent) are fully able and competent to legally bind yourself to and abide by all of the terms, conditions, obligations, declarations, affirmations, representations, and warranties set forth in these Terms of Service. The Feetdreams Service is not directed to persons under 13. If you become aware that your child has provided us with personal information without your consent, please contact us. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child’s account.

19. CONSENT

By using the Feetdreams Service in any way you are agreeing to comply with these Terms of Service. In addition, when using a particular service, you agree to abide by any applicable posted guidelines, which may change from time to time. Should you object to any term or condition of the Terms of Service, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Feetdreams Service in any way, your only recourse is to immediately discontinue your use of the Feetdreams Service.