Terms and Conditions

TERMS OF SERVICE

The Terms of Service for Banana Squirrel Holdings outline a legally binding agreement that includes a mandatory arbitration clause. By using the website, you agree to relinquish your right to a jury trial and to refrain from pursuing disputes or claims as part of a class or representative action.

1. Preamble

These are the official terms and conditions forming a legally binding agreement between you and Banana Squirrel Holdings, LLC, Business registration #802974158 (“we,” “us,” “our,” or any other first-person plural pronouns; or “Banana Squirrel Holdings”), the owner of the Website located at ifuckmonsters.com.

Banana Squirrel Holdings provides services on its Website under the terms and conditions on this page. By using the Website, you agree to these terms and conditions. Upon accessing and using the Website, you acknowledge reading and accepting these Terms of Service. You also understand that your acceptance of the Terms of Service applies both individually and on behalf of those you legally represent, binding you individually and in your representative capacity, if applicable.

Carefully read and comply with each term.

You acknowledge and agree that, to access Premium Content (defined below), we require you to (i) create a user login account for the Website and (ii) pay a fee.

• Website Access Requirements

The Website contains explicit content that may adversely impact the physical, mental, or moral development of minors. If you are below 18 years old or have not reached the age of majority in your jurisdiction or the one from which you access the Website, you are prohibited from using the Website.

By entering the Website, you affirm and guarantee to Banana Squirrel Holdings that:

1. You are at least 18 years old or have reached the age of majority as per the laws of your state, province, or country.
2. You acknowledge and comprehend that the materials on the Website may involve explicit visual, audio, and/or textual representations of nudity and explicit sexual activities. You confirm familiarity with such materials, express non-offense, and assert that, by accepting these Terms of Service, you deliberately seek access to explicit sexual materials.
3. You will utilize the Website solely for personal, non-commercial purposes and refrain from downloading, copying, or distributing any part of the Website for commercial purposes or as prohibited by law.
4. You will not modify, delete, add, change, or edit any of the Terms of Service, and any attempted alteration will be deemed void and ineffective.
5. Prevention of Child Sexual Abuse Material and Non-Consensual Sexual Acts

We are dedicated to shielding children from abuse and preventing access to our platforms by underage individuals. Any content suspected to feature individuals under 18 will be removed and reported to law enforcement. Similarly, the platform is committed to safeguarding victims of non-consensual sexual acts. If you believe any content on the Website involves persons under 18 or victims of non-consensual acts, please refer to our complaints policy.

• Prohibition of Terrorism and Physical Harm Violence

Banana Squirrel Holdings strictly prohibits the use of the platform for depicting, perpetuating, or promoting terrorism and physical harm violence. Any content suspected of such activity will be removed and reported to law enforcement. This includes videos, descriptions, comments, audio, live streams, links, URLs, directions, or any other material.

• Intellectual Property Rights

Except for user submissions, all content, media, materials, software, design, text, scripts, images, trademarks, and logos on the Website are owned or licensed by Banana Squirrel Holdings. You are not allowed to copy, reproduce, distribute, sell, license, or exploit the Content and/or Marks without prior written consent from the respective owners. User-uploaded content is excluded from this restriction.

• User Submissions

Submission Responsibilities

Authorization and Consent:

• Users are permitted to submit videos or materials for display on the Website (“Submissions”).
• Submitters are solely responsible for their Submissions and the outcomes of posting them.
• Submitters affirm and warrant that they have the necessary written consent, release, and permission from identifiable persons in the Submissions to use their name and likeness as per the Terms of Service.

Age Compliance:

No one depicted in the Submissions is under 18 years of age.

Submissions comply with all relevant laws, including 18 U.S.C. § 2257 and 28 C.F.R Pt. 75.

Ownership and Licensing:

Submitters are 18 years or older and retain ownership rights in their Submissions.

By submitting, users grant Banana Squirrel Holdings a license to use, reproduce, modify, and distribute the Submissions.

Legal Compliance:

Submissions do not violate laws related to child sexual abuse material or non-consensual sexual activity.

Users allow sharing of content and user-related information with law enforcement for investigations related to such activities.

• Indemnification

Users will defend, indemnify, and hold Banana Squirrel Holdings harmless from claims related to their use of the Website and Submissions.

Banana Squirrel Holdings has the right to control the legal defense against claims.

Users must pay any residuals, reuse fees, or other compensation due for their Submissions.

Users agree not to:

   – Submit material featuring persons under 18.

   – Submit material without written documentation confirming subjects are over 18.

   – Submit material depicting child sexual abuse, non-consensual acts, violence, or prohibited substances.

   – Submit copyrighted material without permission.

   – Allow third-party reproduction without express consent.

   – Publish false information damaging to Banana Squirrel Holdings or others.

   – Submit unlawful, threatening, or inappropriate material.

   – Post violent or abusive content.

   – Submit content promoting incest or coprophilia.

   – Use automated mechanisms to access content without authorization.

• Liability and Endorsement

Banana Squirrel Holdings disclaims liability for User Submissions except in cases defined by applicable law. Banana Squirrel Holdings is not a joint controller of Third-Party Personal Data in User Submissions.

Banana Squirrel Holdings removes infringing content based on valid copyright infringement takedown requests.

Users may be exposed to inaccurate, indecent, or offensive User Submissions.

Banana Squirrel Holdings is not responsible for the accuracy, safety, or intellectual property rights of User Submissions.

Users waive legal rights against Banana Squirrel Holdings except as defined by applicable law.

• Fees and Billing

Users are obligated to adhere to the specified membership fees and billing terms upon agreeing to the service. The membership fees are subject to change, and users will be notified in advance of any modifications. During the registration process, users are required to select a preferred payment method. Banana Squirrel Holdings reserves the right to employ third-party processors for handling payments. In cases of overdue accounts, interest may accrue, and users bear responsibility for any chargebacks and associated costs. Refunds are generally not issued, except in exceptional circumstances, such as persistent technical issues, where they may be considered on a case-by-case basis.

1. Warranties and Limitation of Liability

Users expressly acknowledge that their utilization of the Website is undertaken at their sole risk. Banana Squirrel Holdings presents its services “as is” and explicitly disclaims any responsibility for products or services offered by third parties through the Website.

Banana Squirrel Holdings provides no assurance of continuous availability, uninterrupted service, or error-free operation of the Website, its content, or linked websites. The company reserves the right to suspend, withdraw, or restrict services for business or operational purposes.

Banana Squirrel Holdings categorically disclaims all warranties, whether expressed or implied, pertaining to the Website and its usage. No warranties are extended regarding the accuracy or completeness of content, including linked websites. The company assumes no liability for errors, personal injuries, property damage, unauthorized access, transmission interruptions, bugs, viruses, or omissions in content.

The total liability of Banana Squirrel Holdings, encompassing implied warranties, is restricted to the amount paid by the user for utilizing the services. The company holds no obligation to actively monitor services for inappropriate or illegal content or user conduct. Furthermore, Banana Squirrel Holdings disclaims responsibility for information, materials, products, or services provided by users or third parties. The company explicitly denies liability for defamatory, injurious, or illegal user or third-party content.

Banana Squirrel Holdings shall not be held liable for indirect, incidental, special, exemplary, or consequential damages. The company disclaims liability for errors, omissions, inaccuracies, personal injury, property damage, unauthorized access, bugs, viruses, or the use of content. Additionally, Banana Squirrel Holdings bears no liability for the conduct or content posted by users or third parties.

1.  Risk Acknowledgment

Users expressly recognize that assuming the risk associated with the use of services and external sites is entirely their responsibility. Banana Squirrel Holdings holds no liability for the loss of profits, revenues, data, or financial losses incurred by users.

1.  Foreseeability Clause

Banana Squirrel Holdings explicitly disclaims liability for damages that are not reasonably foreseeable. The terms outlined herein do not exclude or limit liability for losses that, under applicable law, cannot be legally excluded or restricted.

1.  Limitation Period

Any cause of action or claim arising out of or related to these terms must be initiated within one year from the date it accrues.

1.  Applicable Jurisdictions

In certain jurisdictions where specific limitations or exclusions of liabilities are not permitted, Banana Squirrel Holdings’ liability for users in those jurisdictions is confined to foreseeable losses resulting from breaches or negligence.

1.  Foreseeable Losses

Banana Squirrel Holdings explicitly disclaims responsibility for losses that are not foreseeable. Loss or damage is deemed foreseeable only if it represents an obvious consequence of the breach or was contemplated by the parties at the time of entering into the agreement.

1.  Dispute Resolution

This section designates you and Banana Squirrel Holdings as “a party” individually or collectively as “the parties.” The mutual objective is to address claims linked to your use of the Website or the Terms through a 30-day period of amicable consultations. Prior to pursuing legal action, the initiation of a formal resolution begins with a written Notice of Dispute sent via registered mail to Banana Squirrel Holdings, providing a 30-day window for informal dispute resolution.

The specified notice must contain adequate information to identify you and the basis of your claim. Amicable consultations commence upon Banana Squirrel Holdings’ receipt of the Notice of Dispute.

Both parties commit to negotiating in good faith for a minimum of 30 days post the submission of a valid Notice of Dispute.

Class actions are precluded, and both parties agree to binding arbitration, relinquishing the right to a trial before a judge and jury.

Commencing arbitration necessitates the payment of initial filing fees by both parties to the Arbitration Court. The prevailing party may be awarded attorneys’ fees and costs.

Certain disputes, such as those concerning intellectual property or seeking injunctive relief, are exempt from arbitration. The relevant courts in the U.S. shall exclusively handle exempted disputes.

1.  Governing Law

The laws of the United States of America, excluding conflict or choice-of-law rules, govern the Website, Terms, and dispute resolution.

1.  Separation of Terms

Each paragraph operates independently, and the invalidity of one part does not affect the validity of the remaining provisions.

1.  Additional Information for Consumers

Consumers retain the right to withdraw from the contract within 14 days. Warranty claims can be submitted, with Banana Squirrel Holdings committed to prompt processing. Justified claims result in repair, supplementation, or a reasonable price reduction as appropriate.