Last Updated: November 16, 2022
Spearmint Rhino Consulting Worldwide Inc. (“we, us, our, ours, etc.”) is the owner and operator of www.damesngames.net and any affiliated websites and related mobile versions and all services provided thereon (the “Site and Services”). We are the owner or licensee of all text, images, graphics, photographs, audio, video, buttons, icons, animations, data, messages, software, content, information, or materials on the Site and Services (“Materials”).
If you fail to provide the required information, if we reasonably believe that you have provided false, misleading, inaccurate, incomplete, not current, or otherwise incorrect information to us, if you fail to promptly update such information to maintain its accuracy and completeness, or if we or any of our authorized agents have reasonable grounds to suspect that a violation of this provision has occurred, we may suspend or terminate your account, as well as subject you to criminal and civil liability. Acceptance of registration is subject to our sole discretion. While we may require you to provide additional information as necessary to verify the accuracy of your identity and the information you provide to us, you understand and agree that we do not sponsor or endorse any user.
- No Account Sharing
You will not use, attempt to access, or ask for the login credentials for any third party’s account at any time. You will not allow any third party to access or use your account at any time, nor provide any third party with your login credentials. We will not be liable for any loss that you may incur as a result of any third party that uses your password or otherwise accesses your account, either with or without your knowledge. You will be liable for losses incurred by us or any third party due to release of account credentials to unauthorized persons.
- Termination by You
You may delete your account by clicking “Delete Account” in your account settings. You will not assign, transfer, sell, or share your membership to the Site and Services. If you do, both you and any unauthorized user are jointly and severally liable for any fees that will be due.
- Termination by Us
We may suspend or delete your account or any licenses herein at any time, for any reason, in our sole discretion. We have the right to terminate your membership at any time, and you will be responsible for all charges to your account at the time of termination. We are not responsible for preserving terminated account information which may be permanently deleted in our discretion.
- Grant of Rights
You understand that all we are offering you is access to and use of the Site and Services as we provide them from time to time. You need to provide your own access to the Internet, hardware, and software, and you are solely responsible for any fees that you incur to access or use the Site and Services. All users may access and use certain public areas of the Site and Services, free of charge. We grant all users a limited, nonexclusive, revocable, and nontransferable personal license to access and use only those Materials provided on free areas of the Site and Services for private, non-commercial purposes on a single computer or mobile device. This free license does not include a license to access or use paid areas of the Site and Services or the Materials therein. We also grant you a limited, nonexclusive, revocable, and nontransferable personal license to access and use the Site and Services and the Materials, as limited by your purchase of certain paid features and upgrades. This paid license is for private, non-commercial purposes on a computer or mobile device. We reserve the right to limit the amount of Materials viewed or features available to you. Your license to access and use the Site and Services, the Materials, and certain paid features is not a transfer of title. You will not copy or redistribute any Materials, and you will prevent others from unauthorized access, use of, or copying of the Materials.
- Acceptable Use Policy
- Prohibited Uses
- laws prohibiting sex trafficking and promotion or facilitation of prostitution;
- intellectual property right laws protecting patents, copyrights, trademarks, trade secrets, and any other intellectual property right, including making, obtaining, distributing, or otherwise accessing illegal copies of copyrighted, trademarked, or patented content, deleting intellectual property right indications and notices;
- laws against obscene, lewd, defamatory, or libelous speech; and
- laws protecting confidentiality, privacy rights, publicity rights, or data protection.
- fail to comply with orders, judgments, or mandates from courts of competent jurisdiction.
- access or use the Site and Services if you are, or are required to be, a registered sex offender in any jurisdiction.
- link to the Site and Services on any third-party website in any way that is illegal, unfair, or which damages or takes advantage of our reputation, including any link which establishes or suggests a form of association, approval, or endorsement by us where none exists.
- access the accounts of other users.
- engage in any fraudulent activity.
- circumvent, disable, damage, or otherwise interfere with the operations of the Site and Services, any user’s enjoyment of the Site and Services, or our security-related features or features that prevent, limit, restrict, or otherwise enforce limitations on the access to, use of, or copying of the Site and Services, by any means, including posting, linking to, uploading, or otherwise disseminating viruses, adware, spyware, malware, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious code, file, or program designed to interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or any telecommunications equipment.
- reverse engineer, decompile, disassemble, or otherwise discover the source code of the Site and Services or any part of it, except and only if that activity is expressly permitted by applicable law despite this limitation.
- access or use any automated process (such as a robot, spider, scraper, or similar) to access or use the Site and Services in violation of our robot exclusion headers or to scrape all or a substantial part of the Site and Services (other than in connection with bona fide search engine indexing or as we may otherwise expressly permit).
- modify, adapt, translate, or create derivative works based on the Site and Services, except and only if applicable law expressly permits that activity despite this limitation.
- commercially exploit or make available, mirror, or frame the Site and Services.
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it.
- attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.
- WE HAVE A ZERO TOLERANCE POLICY FOR PROSTITUTION AND SEX TRAFFICKING
The solicitation, promotion, and facilitation of prostitution and sex trafficking are strictly prohibited. If you engage or seek to engage in such activity, whether in a Club or on the Site and Services, we may delete your account without refund and take other appropriate action.
- WE HAVE A ZERO TOLERANCE POLICY FOR CHILD EXPLOITATION
You understand that all depictions on the Site and Services are of persons over the age of eighteen (18) on the date of production. We take great measures to ensure that no minors appear in any of the Materials. If you seek any form of child sexual abuse material (whether real or virtual), you must exit the Site and Services immediately. We do not provide or promote underage content, and we do not tolerate those who seek underage content. In order to further our zero-tolerance policy, you agree to report any images, real or simulated, that appear to depict minors on the Site and Services.
- Law Enforcement
If you provide valid and current payment information, you may make a Payment to tip and send gifts to Entertainers, and to reserve, at currently displayed rates, VIP room dances and bottle service at a Club. We reserve the right to charge additional fees for access to or use of the Site and Services or any of our other features, and to change our fee structure at our discretion. All previous offers or discounts are unavailable once removed from the Site and Services.
You understand and agree that we may require a non-refundable deposit for the cost of reserving VIP Room dances or bottle service at a Club. The amount of the associated non-refundable deposit will be prominently displayed on the Site and Services prior to booking your reservation.
You agree to pay all fees or charges related to any fees, taxes, charges, purchases, deposits, tips, gifts, or upgraded features associated with your purchase(s), immediately when due in accordance with our stated billing policy, or that of our third-party billing agent. You acknowledge that the charge on your banking statement may display our company name, one of our brand names, or our third-party billing agent’s name. You understand and agree that you are responsible for all fees or penalties associated with you. You must make your Payment in full at the time of the online submission/request. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You agree to pay all amounts immediately when due.
- Third-Party Payment Processing
We utilize various third-party payment processors and gateways, and we reserve the right to contract with additional third-party payment processors and gateways in our sole discretion to process all payments associated with the Site and Services. Such third parties may impose additional terms and conditions governing payment processing. You are responsible for abiding by such terms. We further disclaim any liability associated with your violation of such terms.
- Changes to Your Billing Information
You must promptly inform our third-party billing agents of all changes, including changes in your address, debit or credit card, and other banking information used in connection with billing through the Site and Services. You are responsible for any debit or credit card charge backs, dishonored checks, and any related fees that we incur with respect to your account, along with any additional fees or penalties imposed by our third-party billing agents.
If you make a purchase on the Site and Services that results in a chargeback, we may terminate your ability to transact with us. You agree to contact us to seek a resolution of any issue before initiating a chargeback.
- Changes to Our Billing Methods
We reserve the right to make changes at any time to our fees and billing methods, including the addition of administrative or supplemental charges for any feature, with or without prior notice to you.
You understand and agree that it is our standard policy that all purchases are final and nonrefundable. We reserve the right to address all refund requests in our sole discretion. In no instance will a refund be provided where the user initiates a chargeback.
- Billing Errors
- Fraudulent Use of Credit Cards
We take credit card fraud very seriously. Discovery that you have used a stolen or fraudulent credit card will result in the notification of the appropriate law enforcement agencies and termination of your account.
From time to time, the Site and Services may offer a “Visual Roll Call” service (“VRC”) to assist users in identifying which entertainers will be present at a given Club at a specific time and/or to reserve VIP room dances with such entertainers. Schedules and availability of specific entertainers are subject to change. You agree to hold the Site and Services harmless from any inaccurate information associated with the VRC service and we disclaim all liability associated therewith. The VRC service is provided strictly for entertainment and informational purposes.
From time to time, the Site and Services may permit you to send gifts to specific Entertainers. You agree to hold the Site and Services harmless from any failed or delayed delivery of gifts. the Site and Services reserves the right to substitute comparable gifts if a selected gift is unavailable, out of stock, discontinued, or if delivery would be unreasonably delayed. The price of gifts, along with any shipping, handling, tax, or other charges, will be prominently displayed before selection and payment. If the price of a gift exceeds your available credits, you authorize the Site and Services to bill your credit card for any overage.
- Dispute Resolution and Damages
- Governing Law and Venue
You hereby waive any right or ability to initiate any class action or collective proceeding along with any right to trial by jury.
- Rights to Injunctive Relief
- Additional Fees
If we are required to enlist the assistance of an attorney, investigator, collections agent, or other person to collect any damages or any other amount of money from you, or if we are required to seek the assistance of an attorney to pursue injunctive relief against you, then you additionally agree that you will reimburse us for all fees incurred in order to collect these damages or in order to seek injunctive relief from you. You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the damages themselves. You agree that you will pay these fees and costs.
- We Disclaim All Warranties
- Use at Your Own Risk
You expressly agree that access to and use of the Site and Services is at your own and sole risk. You understand that we cannot and do not guarantee or warrant that the Site and Services will be free of viruses, malware, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. We do not assume any responsibility or risk for your access to or use of the Internet, generally, or the Site and Services, specifically. You understand and agree that any Materials downloaded or otherwise obtained through the Site and Services is done at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from your activity.
- Offensive and Adult Content Warning
the Site and Services contains adult-oriented materials that may be considered offensive by third parties. You agree to indemnify and hold us harmless from any liability that may arise from someone viewing the Site and Services by or through your account if they may deem the materials offensive, and you agree to cease accessing and using the Site and Services should you find them offensive. Specifically, you represent and warrant that you are aware that the Site and Services is an inclusive platform which publishes erotic and adult-oriented content, and that you are not offended by adult content, including graphic audiovisual depictions of nudity and sexual activity. You further represent and warrant that you are familiar with and comply with your jurisdiction’s laws and community standards, including those affecting your right to access, receive, and transmit adult content, and those relating to distributing adult content to minors.
- Parental Controls Notice
You acknowledge your responsibility to prevent minors under your care from accessing harmful, inappropriate, or adult content. You agree not to allow minors to view the Site and Services, and you agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors’ access to harmful, inappropriate, or adult content. You are hereby informed that you can research such services by typing the words “parental controls” or similar terms, into an Internet search engine. We recommend that you conduct appropriate due diligence before purchasing or installing any online filter. You agree to take steps to prevent minors from viewing the Site and Services if your computer or mobile device can be accessed by a minor. Finally, you agree that if you are a parent or guardian of a minor child, it is your responsibility, not ours, to keep the Site and Services from being displayed or accessed by your children or wards.
- Third-Party Links
- Violations of Law
Access to and use of the Site and Services in violation of any law is strictly prohibited. If we determine that you have provided or intend to purchase or provide any services in violation of any law, your ability to access and use the Site and Services will be terminated immediately. We disclaim any liability for damages that may arise from you or any user providing any services that violates any law. You agree to defend, indemnify, and hold us harmless from any liability that may arise for us should you violate any law. You also agree to defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any such claims by any party.
- Limitation of Liability
You acknowledge that we will not be liable to you for the Materials or your use of the Site and Services. You understand that the risk of harm or damage from this rests entirely with you, and you expressly release us from any liability arising out of the Materials and your use of the Site and Services. You discharge, acquit, and otherwise release us, our parent company, agents, employees, officers, directors, shareholders, attorneys, and affiliates, from all allegations, counts, charges, debts, causes of action, and claims relating in any way to the use of, or activities relating to the Materials or your use of the Site and Services including claims relating to the following:
Negligence, gross negligence, reckless conduct, alienation of affections (to the extent recognized in any jurisdiction), intentional infliction of emotional distress, intentional interference with contract or advantageous business relationship, defamation, privacy, publicity, intellectual property infringement, misrepresentation, infectious disease, violation of prostitution or sex trafficking laws, any financial loss not due to our fault, missed meetings, unmet expectations, false identities, fraudulent acts by others, invasion of privacy, release of personal information, failed transactions, purchases or functionality of the Site and Services, unavailability of the Site and Services, its functions and any other technical failure that may result in inaccessibility of the Site and Services, or any claim based on vicarious liability for torts committed by individuals met on or through the Site and Services, including fraud, theft or misuse of personal information, assault, battery, stalking, harassment, cyber-bullying, rape, theft, cheating, perjury, manslaughter, or murder.
The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by you. This release is intended by the parties to be interpreted broadly in our favor, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.
We expressly disclaim any liability or responsibility to you for any of the following:
- Any loss or damage of any kind incurred because of the Materials, including errors, mistakes, or inaccuracies thereof or any Materials that are infringing, obscene, indecent, threatening, offensive, defamatory, invasive of privacy, or illegal.
- Personal injury or property damage of any nature resulting from your access to and use of the Site and Services.
- Any third party’s unauthorized access to or alterations of your account, transmissions, or data.
- Any interruption or cessation of transmission to or from the Site and Services and any delays or failures you may experience in initiating, conducting, or completing any transmissions to or transactions through the Site and Services.
- Any bugs, viruses, malware, Trojan horses, or the like that may be transmitted to or through the Site and Services by any third party.
- Any incompatibility between the Site and Services and your other services, hardware, or software.
- Intellectual Property
The brand names and trademarks published with respect to the Site and Services are our licensed content. We, along with the licensor of such marks, aggressively defend our intellectual property rights. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners or holders of such trademarks and service marks. All of the marks, logos, domains, and trademarks that you find on the Site and Services may not be used publicly except with express prior written permission from us and the owner-licensor, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits us or the owner-licensor.
- Entire Agreement
- Policies of Our Service Providers
- Assignment and Delegation
- Cumulative Remedies
- Successors and Assigns
- Force Majeure
We are not responsible for any failure to perform because of unforeseen circumstances or causes beyond our reasonable control, including: Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; epidemics; pandemics; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information services infrastructure; hacking, spam, data breach, malware, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance; and unlawful acts of our employees, agents, or contractors.
- Communications are Not Private
We do not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to us shall be deemed to be readily accessible to the general public. Notice is hereby given that all messages entered into the Site and Services may be read by us and our moderators and other agents, regardless of whether we are intended recipients of such messages.
- Authorization and Permission to Send Emails to You
You authorize us to email you notices, advertisements, and other communications, including emails, advertisements, and notices. You understand and agree that such communications may contain adult content and language which is not suitable for minors. This authorization will continue until you request us to remove you from our email list. You understand and agree that even unsolicited email correspondence from us, or our affiliates, is not spam as that term is defined under the law.
- Electronic Signatures
You agree to be bound by any affirmation, assent, or agreement you transmit through the Site and Services. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded button, check box, or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
- English Language
- Export Control
You understand and acknowledge that the software elements of the Site and Services may be subject to regulation by governmental agencies which prohibit export or diversion of software and other goods to certain countries and third parties. Diversion of such elements contrary to U.S. or international law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that you will abide by such laws and regulations. You agree that none of the elements are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.
- No Agency Relationship
- References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.
- In computing periods from a specified date to a later specified date, the words “from” and “commencing on” (and the like) mean “from and including,” and the words “to,” “until,” and “ending on” (and the like) mean “to but excluding.”
- References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.
- “A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The same construction applies to longer strings.
- “Including” means “including, but not limited to.”
- No Waiver
- Other Jurisdictions/Foreign Law
- Service Not Available in Some Areas
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