Terms and Conditions of Website Usage
Last Updated: January 31, 2023
TERMS AND CONDITIONS OF USE – FREEMENSECRETS.COM
Site Owner: GRUPO MACHIO Y FAMILIA, SOCIEDAD LIMITADA (Tax ID B21890496), registered address: Calle Ricardo Sepúlveda, 13, 28017 Madrid (Spain). Contact: freemensecrets@freemensecrets.com
- Purpose, Acceptance and Contract Documents
1.1. These Terms and Conditions (the “Terms”) govern access, browsing, registration and use of the website freemensecrets.com (the “Site”), as well as the purchase of adult digital content and physical merchandising products offered by the Owner.
1.2. Access to or use of the Site by any natural person (the “User”) implies full and unconditional acceptance of these Terms, the Legal Notice, the Privacy Policy and the Cookie Policy. In case of inconsistency, the specific conditions shown on the relevant product or service page shall prevail.
1.3. By browsing the Site, creating an account and/or placing an order, the User declares that they have read and understood the contract documents and agree to be bound by them.
- Age Requirement and Access to Adult Content
2.1. The Site may include adult content. Access is strictly prohibited to persons under 18 years of age.
2.2. The Owner may implement reasonable age-verification measures, which may include age declarations, technical checks and random controls.
2.3. The Owner may deny access, cancel accounts and block content where there are indications of minority or misuse of the Site.
- Account Registration, Credentials and Security
3.1. Certain Site features may require account registration. The User must provide accurate, truthful and up-to-date information.
3.2. The User is responsible for keeping credentials confidential and for all activity carried out under their account. The User must promptly notify the Owner of any unauthorised use or security incident.
3.3. The Owner may suspend or cancel accounts for breach of these Terms, fraud, non-payment, legal risks, indications of minority or security concerns.
3.4. The Owner may require additional identity verification where there is a risk of fraud or impersonation.
- Service Description and Nature of Licences
4.1. Digital content. The Site offers access to adult digital content by streaming and/or controlled download. Access is granted under a non-exclusive, personal, non-transferable and revocable licence for the User’s strictly private viewing and for the period stated on purchase or subscription.
4.2. Merchandising products. The Site sells physical products. Essential information (price, taxes, shipping costs, delivery times, availability and return conditions) is shown on each product page and in these Terms.
4.3. Editorial information. The Site may include blogs, articles, descriptions and other informational content. Such content is for information only and does not constitute advice.
- Licence to Use Digital Content and Restrictions
5.1. The licence to use digital content does not entail any transfer of intellectual or industrial property rights.
5.2. The following are prohibited: unauthorised commercial use; reproduction, recording, downloading, making available, public communication or transformation; reverse engineering; circumvention of technological protection measures; and any other exploitation not permitted by law or by these Terms.
5.3. The Owner may remove, replace or modify content for legal, technical, security or availability reasons and will inform Users where reasonably feasible.
- Prohibited Conduct, Moderation and Notice & Action Procedure
6.1. It is prohibited to publish, request, share or attempt to access material involving minors, non-consensual or illegal content, advocacy of crime, violence or discrimination, infringements of copyright or image rights, malicious code, spam, large-scale scraping or activities that compromise the Site’s security or integrity.
6.2. The Owner provides a channel to report illegal or non-consensual content at [abuse@freemensecrets.com] and/or via an online form. Reports must include contact details, the exact URL, a description of the facts, available evidence and a statement of truthfulness.
6.3. Reports concerning child sexual abuse material or non-consensual content will be prioritised and may result in immediate removal or blocking and, where appropriate, notification to competent authorities.
6.4. The Owner may limit features, remove content, suspend accounts and notify authorities where the facts may constitute an offence.
- Prices, Currency, Taxes and Corrections
7.1. Prices are shown in [EUR/USD] and either include or exclude applicable taxes as specified in each case. They may vary due to promotions, exchange rates, logistics costs or other factors.
7.2. In the event of an obvious error in price or material description, the Owner may cancel the order and fully refund amounts paid, informing the User accordingly
- Payments, Gateways and Invoicing
8.1. Purchases are paid through the enabled gateways [Stripe/PayPal/others]. The Owner does not store full card data; processing is performed by the payment provider.
8.2. An order is deemed confirmed when the gateway confirms the charge. If payment is declined, the order is considered not placed.
8.3. Invoices are issued at the time the order or subscription is accepted. The User should retain payment proofs and invoices for legal and tax purposes.
- Supply of Digital Content by Streaming and/or Video on Demand
9.1. Nature of the product. The products offered are digital content not supplied on a tangible medium (streaming and/or video on demand). The purchase grants the User a non-exclusive, personal, non-transferable and revocable licence for private viewing, in accordance with these Terms. No intellectual property is transferred and no permanent copy is provided unless expressly stated.
9.2. Technical requirements and account. Access may require registration, a stable internet connection, compatible devices and up-to-date software. The Owner may apply technological protection measures (DRM) and limit the number of devices or simultaneous sessions for security or licensing reasons.
9.3. Purchase process and activation. After payment confirmation, access to the content is enabled immediately or within the time stated on the product page. Where applicable, before completing the purchase the User must give express consent to immediate supply and acknowledge the loss of the right of withdrawal.
9.4. Right of withdrawal. As the product is digital content not supplied on a tangible medium, the User has no right of withdrawal once:
(a) streaming or download of the content has begun; or
(b) the User has given express consent to immediate supply and acknowledged that, as a result, they lose the right of withdrawal (Art. 103(m) of the Spanish Consumer Law).
If the User has neither accessed the content nor consented to immediate supply, they may withdraw within the statutory period by contacting us through the indicated channels.
9.5. Availability, quality and catalogue. The Owner will endeavour to ensure availability and appropriate playback quality. Quality may vary due to bandwidth, device or network congestion. The catalogue may change for technical, legal or licensing reasons; where reasonable, Users will be informed.
9.6. Technical incidents and support. Where access is impossible due to the Owner’s fault, the Owner will provide support and reasonable solutions (e.g., restoring access, alternative link, temporary extension). If, after diligent efforts, access remains impossible due to the Owner, the User will be entitled to a partial or full refund, as appropriate. No refund will be due for issues arising from: (i) the User’s failure to meet technical requirements; (ii) local configurations or blocks; (iii) third-party failures beyond the Owner’s control.
9.7. Use restrictions. Capturing, recording, downloading, making available, public communication, reverse engineering or any unauthorised exploitation of the content is prohibited, as is sharing credentials or bypassing security measures.
9.8. Subscriptions (if applicable). Subscriptions have the duration and price per period stated and may renew [automatically / not automatically] as communicated at checkout. The User may cancel to prevent the next renewal by giving [●] days’ notice; cancellation does not entitle the User to a refund of the current period unless the service failure is attributable to the Owner. The Owner may revise prices on reasonable prior notice, allowing cancellation before they take effect.
9.9. Geo-restrictions and third-party licences. Access may be subject to territorial restrictions due to distribution licences. The User agrees not to circumvent such restrictions.
- Intellectual and Industrial Property
10.1. The Site, its software, designs, texts, images, videos, trademarks, trade names and other distinctive signs belong to the Owner or duly licensed third parties.
10.2. The User undertakes to respect these rights and refrain from unauthorised exploitation. Breach may give rise to civil and, where applicable, criminal liability.
- 18 U.S.C. § 2257 Compliance (United States)
11.1. Where applicable due to target markets and the nature of the content, the Site will include a “18 U.S.C. § 2257 Record-Keeping Compliance Statement” in English, identifying the Custodian of Records and the records indexing system.
11.2. This notice is complementary to these Terms and does not exempt Users from the prohibitions and obligations set out herein.
- Third-Party Links and Third-Party Services
12.1. Statement of Principle. The Owner maintains a strict zero-tolerance policy regarding human trafficking, slavery, servitude, forced labour, and commercial sexual exploitation. We are committed to ensuring that the Site remains free of any content associated with such activities.
12.2. Content Verification and Consent. All content available on the Site undergoes strict review. The Owner validates that all individuals depicted in adult content are consenting adults (over 18 years of age) at the time of production. We strictly prohibit content produced under force, fraud, coercion, or intimidation.
12.3. Cooperation with Authorities. If the Owner identifies or suspects that any content involves human trafficking or non-consensual sexual acts, the Owner will: (a) Immediately remove and permanently block such content; (b) Suspend the associated User accounts; (c) Preserve relevant data and evidence; and (d) Report the incident to competent law enforcement agencies (such as the Spanish National Police, Europol, or the NCMEC in the USA) without prior notice to the User.
12.4. Reporting Mechanism. Users are urged to report any suspicion of trafficking or exploitation immediately to [freemensecrets@freemensecrets.com]. Reports will be handled with priority and confidentiality.
- Customer Service, Complaints and Dispute Resolution
13.1. Support contact: [ freemensecrets@freemensecrets.com] and postal address: [●].
13.2. EU consumer Users: Online Dispute Resolution (ODR) platform available at https://ec.europa.eu/consumers/odr.
13.3. Before commencing legal action, the parties will seek an amicable solution in good faith.
- Limitation of Liability and Force Majeure
14.1. The Site is provided “as is.” The Owner does not guarantee uninterrupted availability or error-free operation, although reasonable measures will be taken to ensure proper functioning and security.
14.2. The Owner shall not be liable for indirect damages, loss of profit or any harm arising from failures of third parties, networks, payment providers, hosting or causes beyond its control, except where liability cannot be excluded by law.
14.3. Force majeure includes, without limitation, internet outages, cyber incidents, natural disasters, acts of authorities or labour disputes that temporarily prevent service provision.
- Data Protection and Cookies
15.1. Personal data processing is governed by the Site’s Privacy Policy, which sets out purposes, legal bases, recipients, transfers, retention and rights.
15.2. Installation and use of non-technical cookies is based on the User’s consent, managed through the preferences panel, in accordance with the Cookie Policy.
- Suspension, Cancellation and Termination
16.1. The Owner may temporarily suspend access for maintenance, security or technical incidents.
16.2. The Owner may cancel accounts or terminate the contract for material breach by the User, fraud, non-payment, significant legal risks or repeated violations of these Terms.
16.3. The User may request voluntary account deletion via the user area or by contacting the indicated channels.
- Changes to the Terms
17.1. The Owner may modify these Terms, the Site’s features and/or its services where required for legal, technical or operational reasons.
17.2. Modifications will be published and become effective upon publication. Where changes are material, Users will be informed via Site notices and, where appropriate, additional consent will be requested.
- Severability
18.1. If any clause is held invalid or unenforceable, the remaining provisions shall continue in full force. The affected clause will be interpreted or replaced by a valid provision that most closely reflects its purpose.
- Governing Law and Jurisdiction
19.1. These Terms are governed by Spanish law.
19.2. If the User qualifies as a consumer, the courts of the User’s domicile shall have jurisdiction. In all other cases, the parties submit to the courts and tribunals of Madrid (Spain), waiving any other jurisdiction.
