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Terms of Service

Last modified date: September 27, 2022

Acceptance of the Terms of Service

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”), govern your access to and use of www.climaxcastle.com and (“we,” “us”, “our” “ours”) “Company” and/or the “Website”), including any content, functionality and services offered on or through the Website as a registered user (“User”). The widgets, blogs, social networks, social network “tabs”se Terms of Service apply to the Website, web pages, interactive features, applications, or other online or wireless offerings that post a link to these Terms of Service, whether accessed via computer, mobile device, or other technology, manner or means.

Please read the Terms of Service carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at https://www.climaxcastle.com, and incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Website.

If you access or use the Website, whether you click to accept or not, you agree to all of the various terms in these Terms of Service. If you do not understand all of these Terms of Service, you should consult with an attorney before agreeing to any of the Terms of Service.

You consent to entering these Terms of Service electronically, and to storage of records related to these Terms of Service in electronic form.

When using the Website, you shall be subject to any posted rules, guidelines, or policies. Such rules, guidelines, and policies are hereby incorporated by reference into these Terms of Service. We may also offer other websites that are governed by different terms and conditions. You hereby agree to follow those websites’ terms and conditions by accessing the websites.

Ability to Accept Terms of Service

You affirm that you are at least 18 years of age or the age of majority in the jurisdiction from which you are accessing the Website, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 18 years of age or the applicable age of majority in your jurisdiction, you are not permitted to submit personal information to us or use the Website. You also represent that the jurisdiction from which you access the Website does not prohibit the receiving or viewing of sexually explicit content.

Changes to the Terms of Service

We may modify or revise these Terms of Service from time to time in our sole discretion and you agree to be bound by such modifications and/or revisions. Although we may attempt to notify you when major changes are made to these Terms of Service, you are expected to periodically review the most up-to-date version found at https:climaxcastle.com, so you are aware of any changes, as they are binding on you.

If we change these Terms of Service, the change will be reflected in the “last modified date.” You agree that you will periodically review these Terms of Service and refresh the page when doing so. You agree to note the date of the last revision of these Terms of Service. If the “last modified” date is unchanged from the last time you reviewed these Terms of Service, then they are unchanged. On the other hand, if the date has changed, then there have been changes or updates, and you agree to re-review the updated Terms of Service, and to abide and be bound by them. 

All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. The updated version supersedes any prior versions immediately upon being posted, and the prior version(s) shall have no continuing legal effect. If you do not review new Terms of Service as posted, then you agree that you have waived your right to do so, and you are therefore bound by the updated conditions, even if you failed to review the new ones. You are on notice of changes, and your failure to review the amended Terms of Service is your own omission. By continuing to use the Website subsequent to us making available an amended version of these Terms of Service, you thereby acknowledge, agree to, and consent to such amendment.

About Our Website

The Website allows for the general viewing of various types of adult-oriented content by registered and unregistered users, including sexually explicit images. 

The Website may contain links to third-party website(s) that are not owned or controlled by the Website. The Website has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party website. In addition, the Website will not and cannot censor or edit the content of any third-party site. By using the Website you expressly release the Website 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 Website and to read the terms, conditions, and privacy policy of each other website that you visit.

The Website is for your personal use and shall not be used for any commercial endeavor except those specifically endorsed or approved by the Website.

You understand and acknowledge that when using the Website, you will be exposed to adult content. You further understand and acknowledge that you may be exposed to content that is offensive, indecent, or objectionable, and you hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Website with respect to any such content, and agree to indemnify and hold the Website, its site operator, its parent corporation, its respective affiliates, licensors, service providers, officers, directors, employees, contractors, agents, successors, and assigns, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

Purchasing Credits

You may purchase credits to redeem for minutes, chats, content and/or digital merchandise made available to you through the Website. Purchases can be made by credit card, and when available, by debit card, and are processed through our third-party internet payment service provider, CC Bill. By making a purchase through the Website, you hereby consent and agree to abide by such third-party internet payment service providers’ customer terms and conditions, and privacy policies, and understand that we have no control whatsoever over such customer terms and conditions, and privacy policies. IF YOU CANNOT AGREE to such third-party internet payment service providers’ customer terms and conditions or privacy policies, DO NOT MAKE ANY PURCHASES on the Website. Credits are only payable in advance. We reserve the right to change our prices at any time, at our sole discretion, and without liability to you. Credits in your account will not be available to you in the event that your account is deleted by you or otherwise terminated in accordance with these Terms of Service.

Refunds

For all billing issues or to request a refund, contact CC Bill’s Consumer Support department. 
Hours: 24/7
Phone: 888.596.9279
Email: support@ccbill.com
Or visit: https://ccbill.com/contact

Satisfaction Guarantee

We want every purchase you make on Climax Castle to be a satisfactory experience.  You must contact us within seventy-two (72) hours of the call or paid chat for which you are unsatisfied. 

Please email us at info@climaxcastle.com and include your Username, name of operator, time and date of call/chat.  Please specify the issue with as much detail as possible.  

We will review your complaint and reserve the right to credit your account (either partially or in full) for the transaction. We reserve the right to refuse a credit to your account. 

Accessing the Website and Account Registration and Security

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

  1. Making all arrangements necessary for you to have access to the Website; and
  2. Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Service and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy found at https.www.climaxcastle.com, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any other person or entity.You are fully responsible for all activities that occur under your user name or password. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security by contacting us at: info@desertrosemediallc.com.  You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Although the Website will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Website or others due to such unauthorized use.

If you interact with us or with third-party service providers, and you provide information, including account or credit card or other payment information, you agree that all information that you provide will be accurate, complete, and current. You will review all policies and agreements applicable to use of third-party services. In the event you use our Website over mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees will still apply.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

You acknowledge that the Website reserves the right to charge fees for its services and website access and to change its fees in its complete and sole discretion.

Limited, Conditional License to Use Our Intellectual Property

We and our associated logos and names are our trademarks and/or service marks remain our sole property. Other trademarks, service marks, names, and logos used on or through the Website, such as trademarks, service marks, names, or logos associated with third-party Content providers, are the trademarks, service marks, or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks, or logos and expressly acknowledge that you have no rights to any intellectual property deriving therefrom.

The inclusion of images or text containing the trademarks or service marks or the name or likeness of any person, including any celebrity, does not constitute an endorsement, express or implied, by any such person, of the Website or vice versa.

The Website and certain materials available on or through the Website are content we own, authored, created, purchased, or licensed (collectively, our “Works”). Our Works may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in our Works and the Website.

We hereby grant you a conditional, royalty-free, limited, revocable, non-sublicensable, and non-exclusive license to access our website and Works solely for your personal use in connection with using the Website.

You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, link to, or publicly display the Website and Works or any adaptations thereof unless expressly set forth herein. Such conduct would exceed the scope of your license and constitute copyright infringement.

The above-described license is conditioned on your compliance with these Terms of Service, including, specifically, your agreement to view the Website whole and intact as presented by the Website host, complete with any advertising, and shall terminate upon termination of these Terms of Service. If you breach any provision of these Terms of Service, any license you have obtained will be automatically rescinded and terminated. In order to protect our rights, some Content made available on the Website may be controlled by digital rights management technologies, which will restrict how you may use the Content. You must not circumvent, remove, delete, disable, alter, or otherwise interfere with any digital rights management technology. Such conduct is prohibited by law.

If the Website allows you to download or otherwise copy our Works, you are not buying or being gifted copies thereof. Instead, you are licensing a limited, revocable, non-sublicensable, and non-exclusive right to possess and use the copies for personal, non-commercial use, subject to specific terms and conditions (the “Download License”). Under this Download License you may not thereafter reproduce, distribute, communicate to the public, make available, adapt, publicly perform, or publicly display the Website and Works or any adaptations thereof unless expressly set forth herein. Such conduct would exceed the scope of your Download License and constitute copyright infringement. At the expiration of your Download License or the termination of these Terms of Service, you will delete or otherwise dispose of all copies of Works in your possession.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Changes to the Website

We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information about You and Your Visits to the Website

All information we collect on the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over, and assume no responsibility for, the contents, privacy policies, or practices of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Inclusion of, linking to, or permitting the use or installation of any third-party site, applications, software, content, or advertising does not imply approval or endorsement thereof by us. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such website. Further, you agree to release us from any and all liability arising from your use of any third-party website, content, service, or software accessed through the Website.

Your communications or dealings with, or participation in promotions of, sponsors, advertisers, or other third parties found through the Website, are solely between you and such third parties. You agree that the Website shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with such sponsors, third parties or advertisers, or as the result of their presence on the Website.

Permitted Disclosures of Personal Information

The Website generally does not collect personally identifiable information (data such as your name, email address, password, and the content of your communications) unless you register with us in order to use certain features of the Website. The Website will not disclose any personally identifiable information it collects or obtains except: (i) as described in these Terms of Use or our Privacy Policy; (ii) after obtaining your permission to a specific use or disclosure; (iii) if the Website is required to do so in order to comply with any valid legal process or governmental request (such as a court order, search warrant, subpoena, civil discovery request, or statutory requirement); (iv) as required to protect the Website’s property, safety, or operations, or the property or safety of others; or (v) to a person that acquires the Website, or the assets of the Website’s operator in connection with which such information has been collected or used; or (vi) as otherwise required by law.

Recording

Each call shall be recorded for quality control purposes. Recordings may also assist the Website’s management with the investigation of any complaints by operators. The Website reserves the right to ban your use of Website services pending review of the operator’s complaint.  

Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Website, their site operator, their parent corporation, their respective affiliates, licensors, service providers, officers, directors, employees (contractors), agents, successors and assigns from and against any and all claims, damages, judgments, awards, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website. You agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.

Disclaimers

You use the Website at your sole risk. we provide the Website “as is” and “as available.” to the fullest extent permitted by law, the Website, its site operator and its respective officers, directors, employees, and agents expressly disclaim all warranties of any kind related to the Website and goods or services purchased and obtained through the Website, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. you will be solely responsible for any damage to your computer system or loss of data that results from your use of the Website.

We make no warranty or representation about the accuracy or completeness of this Website’s content or the content of any sites linked to this Website or that the website will meet your requirements. and we assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website or our services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Website or our services, (iv) any bugs, viruses, cookies, trojan horses, or the like which may be transmitted to or through the Website or our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website or our services. the Website does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or our services or any hyperlinked services or featured in any banner or other advertising, and, the Website will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. as with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

No information obtained by you from us or through the Website shall create any warranty not expressly stated in these terms.

Limitation of Liability

To the fullest extent allowed by law, the Website, its site operator, its parent corporation and its respective officers, directors, employees, contractors, and agents shall not be responsible or liable to you for any loss or damage of any sort incurred as the result of the following:

  • delaying, rejecting, or removing any or all Content at any time for any or no reason whatsoever with or without notice to you;
  • modifying or discontinuing temporarily or permanently, the Website (or any part thereof) with or without notice to you for any or no reason whatsoever;
  • immediately terminating your access to the Website for any or no reason whatsoever and with or without notice to you;
  • the accuracy, usefulness or availability of any information posted to or through the Website;
  • any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of your use of any Content posted, emailed, transmitted, or otherwise made available via the Website;
  • personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Website;
  • any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
  • any interruption or cessation of transmission to or from our Website;
  • any bugs, viruses, cookies, Trojan horses, or the like, which may be transmitted to or through our Website by any third party; and/or
  • any loss or damage of any sort incurred by you as a result of interactions you have with third-party advertisements or service providers, or third-party websites, found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, policies, warranties, or representations associated with such dealings.

In no event shall we be liable to you for any incidental, indirect, punitive, statutory, exemplary, expectation, special, or consequential damages whatsoever (including damages for loss of profit, loss of goodwill, interruption, loss of business information, or any other financial loss) in association with any individual or class-action claim, or any loss, damage, action, suit, or other proceeding relating to or arising under or out of the Terms of Service, even if we have been notified of the possibility of such damages, whether the action is founded upon contract, infringement of intellectual property rights, tort, negligence, or other grounds.

You specifically acknowledge that the Website shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. you agree not to file any lawsuit or proceeding inconsistent with the foregoing liability limitations.

Governing Law

These Terms, your use of the Website, and the relationship between you and us shall be governed by the laws of the State of Oregon, without regard to conflict of law rules. You agree that: the Website shall be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Oregon. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this Agreement shall be in an appropriate court located in the State of Oregon. You hereby submit to the jurisdiction and venue of said Courts. You consent to service of process in any legal proceeding in accordance with the laws of the State of Oregon.

Any claim by you that may arise in connection with these Terms will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.

Arbitration

​You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.

To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to the Arbitration Service of Portland. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

International Users

The Service is controlled, operated, and administered by the Company from our offices within the United States of America. If you access the Service from a location outside the United States of America, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Limitation on Time to File Claims

Regardless of any statute or law to the contrary, any cause of action or claim you may have arising out of or relating to these terms of service or the Website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

DMCA

We respect the intellectual property rights of copyright holders, and thus will comply with the Notice and Takedown provisions of the Digital Millennium Copyright Act (“DMCA”). 

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, and any documents they expressly incorporate by reference constitute the sole and entire agreement between you and us with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

Fees

You acknowledge that the Website reserves the right to charge for its services and to change its fees from time to time in its discretion. Furthermore, in the event the Website terminates your rights to use the Website because of a breach of these Terms of Services, you shall not be entitled to the refund of any unused portion of subscription fees. 

Miscellaneous

No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of these Terms of Service for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.

Except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to this agreement. For the purpose of clarity, the Website’s representatives, managers, partners, joint venturers, employees, and agents are intended third-party beneficiaries.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Service.

The headings in these Terms of Service are for convenience only and have no legal or contractual effect.