Terms And Conditions

Terms of Service (TOS) | SDC Media, LLC (“SDC")

Statement of Purpose

SDC is a private company providing a service for adults who wish to communicate online with other adults and develop a network of friends and acquaintances for social reasons only. Disclaimer: This website (or the “Site”), www.SDC.com, contains adult content. You must be over 21 where applicable by law to use this Site. All members and models on this website are over 21 years of age.
By completing and submitting your application for membership in SDC, you acknowledge and agree that you have read the Terms and Conditions of Membership, and that you read, understand, and agree to be bound by all the Terms of Service and agree to comply and abide by them. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THIS WEBSITE AND YOU MUST DISCONTINUE SUCH USE IMMEDIATELY.

1.     Acceptance of Terms.

1.1     This Terms of Service document (hereinafter «TOS») is an agreement you must accept to use the service of SDC.com, as discussed below. It is applicable to all «Users», including, but not limited to members who have either set up an account or have existing business with SDC. The terms «Users» includes all users and active, inactive, past, present, and future members of SDC. This TOS details both your rights and your obligations for using our «Service» (as defined below). It is important that you read it carefully because you will be legally bound to these terms. SDC Media, LLC, SDC Marketing Inc. and SDC Ventures LTD (hereinafter «SDC.com» or «Company») only provides its Service to Users subject to this TOS. By accepting this TOS, or by accessing or using the Service, Users agree to be bound by this TOS (including the Privacy Policy )

1.2     By completing and submitting your application for membership with SDC, you acknowledge that you have read the Terms and Conditions of Membership and that you accept the terms and conditions contained herein and agree to comply and abide by them. Users acknowledge that this TOS is a binding contract between Users and SDC, even though it is electronic and is not physically signed by Users and SDC.com, and it governs your use of the Service.

1.3     SDC reserves the right to change our TOS at any time and in our sole discretion. SDC will notify Users of any material change within a reasonable time frame via email, blog or on our Site. Users can review the most current version of the TOS at any time by visiting this page. The revised terms and conditions will become effective on the date set forth in our notice, and if Users use the Service after that date, Users will agree to accept revised terms. If any change to this TOS is not acceptable to you, please do not use our Service and delete your SDC.com account.

1.4     Users are responsible for maintaining the confidentiality of your login, password, and account and for all activities that occur under your login or account, including the activities of other project Users. Users can NEVER, under any circumstance, transfer or share their account with other users as doing so may result in the account being terminated.

1.5     If Users are more than one person (example: a couple), all involved entities signified at registration are responsible for the applicable company policies, obtaining any legally required member consent to such policies, and for ensuring that all uses of the Services comply with applicable federal, state and/or international privacy laws, including, but not limited to, the Electronic Communications Privacy Act, 18 U.S.C. § 2510 et seq. The main User is considered the one who pays for the account.

1.6     By using our Service, Users affirm that they are at least legal age of local residence. Users represent that they fully understand and follow the terms and conditions in this TOS. Do not use our Service if you are under legal age. Your account with us will be immediately deactivated if we discover that you are NOT of legal age.

1.7     SDC reserves the right, at its sole and absolute discretion, to refuse membership to any person, or to terminate any member’s membership, without notice, for any reason whatsoever, including, but not limited to, failure of a member to comply with the Terms and Conditions of Membership

2.     Description of Service.

SDC’s website, SDC.com, provides an online media, dating, collaboration, and community platform (the «Service») that allows multiple Users to learn about multiple subjects related to relationships and sexuality, as well as connect with like-minded, consenting adults by providing information and resources to do so. The type and number of resources and services will depend on which Paid Plan the User is on. SDC reserves the right to make updates or modification to its Service from time to time. If SDC determines any modification may result in reduction in the Services’ functionality or features, SDC may notify all Users via email or on the Site.

The «Service» does not include «User Data» (as defined below) or any software application or service that is provided by you or a third party, which you use in connection with the Service, whether SDC designates them as «official integrations». Any modifications and new features added to the Service are also subject to this TOS. SDC reserves the right to modify or discontinue the Service (or any Service plan) or any feature or functionality thereof at any time and without notice to you. All rights, title, and interest in and to the Service and its components, including, but not limited to, all intellectual property rights, will remain the exclusive property of SDC.

3.     Access and Use of the Service.

3.1     You may only use the Service for lawful, authorized purposes, and you may not misuse the Service in any way. See Section 6 for specific prohibited uses of the Service. Users shall be required to promptly notify SDC if you learn of a security breach related to the Service or any other violations of this TOS. 

3.2     Any software that may be made available by or on behalf of SDC in connection with the Service, including mobile applications of SDC.com, («Software») contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, SDC only grants you a personal, non-sublicensable, and non-exclusive license to use the object code of any Software solely in connection with the Service. Any rights not expressly granted herein are reserved by SDC.

3.3     SDC reserves the right to use your Username and location as a reference on our Site for marketing and promotional purposes. SDC may also use your Username and company to market its Site and Service to potential consumers. For example, we might list your Username on one of our webpages under lists of SDC.com customers.

3.4     In our efforts to keep our Site a place where members feel comfort in joining, registered sex offenders are prohibited from using our Site. Once we determine a User’s status as a sex offender, we immediately remove the account and all information in it. If you encounter an account that may belong to a convicted sex offender, please report it (see Section 3.1 above), and we will review the information.

4.     User Data Rights and Related Responsibilities.

4.1     «User Data» means any data and content uploaded, posted, or made available via the Service by Users. «User Data» includes, but is not limited to, uploaded files, all contents within uploaded files, profile information, intra-Site communications, and anything else you enter or upload into the Service. SDC will make commercially reasonable efforts to ensure that all facilities used to store and process User Data meet a high standard for security.

4.2     In order for us to provide the Service to you, we require certain rights with respect to User Data. For example, we need to be able to transmit, store, and copy User Data to display it to other members, to index it so you can search it, to make backups to prevent data loss, etc. Acceptance of this TOS gives SDC your permission and consent to do so and grants SDC any such rights necessary to provide the Service to all Users. This also includes allowing us to use third-party service providers in the operation and administration of the Service and the rights granted to us are extended to these third parties to the degree necessary in order for the Service to be provided.

4.3     If you send us any feedback or suggestions regarding the Service, you grant SDC all rights to use such feedback or suggestions for any purpose without any obligation to you.

4.4     Users are solely responsible for the content of User Data, and all communications while using the Services. SDC is not responsible for the accuracy, appropriateness, or legality of User Data or any other information Users may be able to access using the Services. The Services provide features that allow Users to share User Data and other materials with others or to make it public. Please think carefully about what is shared or made public.

4.5     Users will be able to signal inappropriate content to SDC.com. The flags are the following:

Uncivil, unneighborly, or offensive
Not relevant or annoying
Safety issue or illegal
Commercial or spam
Posted in error

4.6     Members acknowledge and agree that all content produced by this Site, or its members becomes the tangible and intellectual property of SDC and is copyrighted accordingly. Any content produced in accordance with this Section 4.6 may be used by SDC for any business purpose whatsoever.

5.     Payment.

5.1     If Users select a Paid Plan, Users must provide a valid payment form.  Paid Plan Users will be charged based on the plan pricing as explained above. You agree to pay SDC in accordance with the terms set forth on the Site and this TOS, and you authorize SDC or its third-party payment processors to bill your credit card or other payment instrument in advance on a periodic basis in accordance with such terms.

5.2     If a member has established automatic withdrawal for payment of membership fees, and that membership terminates for any reason, it is the member’s responsibility to cancel the automatic payment before the renewal date. By default, the membership recurring billing is switched on. No refunds will be given for overpayment resulting from the members failure to terminate the automatic payment.

6.     User Responsibilities.

All members acknowledge and agree that the information they provide shall be honest and accurate as to his or her personal details. Each member acknowledges and agrees that any information he or she submits to SDC for publication can be used, unconditionally and without restriction, by SDC. Members also agree not to:

a.     upload, post, transmit, or otherwise make available any of User Data that is unlawful or illegal, libelous, or invasive of another’s privacy;
b.     use the Service to harm minors in any way;
c.     impersonate any person or entity, including, but not limited to, a SDC.com employee or other Member, or misrepresent your affiliation with a person or entity;
d.     manipulate identifiers in order to disguise the origin of any of User Data;
e.     upload, post, transmit or, otherwise, make available any User Data that you do not have a right to under any law or under contractual or fiduciary relationships;
f.     upload, post, transmit or, otherwise, make available any of User Data in a manner that infringes or may infringe any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any party or third party;
g.     use the Service to upload, post, transmit, or otherwise make available or cause to be made available any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
h.     interfere with or disrupt the Service or servers or networks connected to the Service or assist or induce others to do so;
i.     modify, adapt, or hack the Service or otherwise attempt to gain unauthorized access to the Service or its related systems or networks or assist or induce others to do so;
j.     intentionally or unintentionally violate any applicable local, state, national or international law in connection with your use of the Service. 

k.     use the Service to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
l.     use the Service to engage in any unlawful or illegal activities; and/or
m.     collect or store personal data about other users in connection with any of the prohibited conduct and activities set forth above.
n.     Members will not harass, abuse, or insult other members and will not use offensive or obscene words, names, or phrases in any of their online communications. 
o.     Any unsolicited commercial or promotional messages sent to other members are considered SPAM and will result in immediate account termination. Prohibited activities includes promoting another website (of any type), another platform, or posting or publishing a party invitation to anyone other than specific members. It is our intention and desire to protect our members from all manner and types of spam. If you, as a member, have been offended by the acts or behavior of another member who has violated the SDC Code of Conduct or any of the terms and conditions of this Membership Agreement, it is your responsibility to report such behavior to SDC management. Upon receiving such notification, SDC will monitor the communication of all the parties involved. If offensive behavior continues, membership of the offending member(s) will be terminated, at the sole discretion of SDC. Further, if any monitored E-mails contain language involving threats, or any other violations of law, such communication will be forwarded to the appropriate law enforcement agencies. You acknowledge that SDC.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any of User Data that is available via the Service. Without limiting the foregoing, SDC.com and its designees shall have the right to remove any User Data that violates this TOS. Users must carefully evaluate all risk with the use of User Data, including any reliance on the accuracy, completeness, or usefulness of User Data. You acknowledge, consent and agree that SDC.com may access, preserve and disclose your account information and User Data if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any of User Data violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of SDC.com, its users and the public.

7.     Termination.

7.1     This TOS will continue in full effect unless and until your User Account or this TOS is terminated as described herein. All service plans will automatically renew for additional months/year depending on the particular plan and recurrence User has chosen. Users have the right to delete their account or cancel their paid subscription at any time by accessing Account information on the Site. SDC will not automatically terminate your account unless expressly requested.

7.2     SDC reserves the right to terminate and delete your account if we determine that Users have violated any of the terms and/or conditions provided in this TOS.

7.3     Profile Data in expired subscriptions for SDC.com will be deleted.

7.4     Data backups have a retention policy of 90 days.

7.5     SDC reserves the right to terminate all inactive free plan users if there are no activities within the last 90 days. If a User remains inactive, i.e., does not login to reactivate their SDC.com account, SDC will delete the account and associated data.

7.6     SDC stores personal data from deleted accounts and associated files up to 90 days.

7.7     SDC will provide Users the ability to delete their account and data. Please see «Data Deletion» section of our Privacy Policy.

7.8     All accrued rights to payment and the terms of Section 5 and Sections 8 through 20 of these TOS shall survive termination of this TOS.

7.9     Lifetime Membership – a lifetime membership is for the lifetime of the Site or its current ownership. Lifetime does not mean your lifetime. SDC retains the right to cancel a lifetime membership at any time for any reason. If you cancel your own lifetime membership and decide later to create a new account, it is up to SDC to decide, in its sole discretion, if there will be a reinstatement of your lifetime membership. If an account is not used for 180 consecutive days, the account may be removed. In case a lifetime membership is transferred, sold, or offered for sale, the account will be deleted.

7.10     If a membership is terminated for any reason, whether by SDC or the member, no refund will be given for any prepaid portion of the membership fees.

8.         Disclaimer of Warranties.

8.1     The Service may at times undo scheduled or emergency maintenance due to updates or other causes beyond our control. SDC will make every reasonable effort to provide advance notice of any Service disruption. User understands that User Data may be transmitted or handled in an unencrypted manner if you choose to use unencrypted gateways to connect to the Service. Additionally, while SDC will make every effort to ensure that information provided to third-party vendors and hosting partners are transmitted securely, SDC cannot guarantee that these transmissions will be encrypted. Users acknowledge that Users bear sole responsibility for adequate security, protection, and backup of User Data. SDC is not liable for any unauthorized access or use of any of User Data, or any corruption, deletion, destruction, or loss of any of User Data.

8.2     SDC cannot be held responsible for any actions or statements of any of its members, nor any actions resulting from the illegal or irresponsible actions of any of its members or for any actions by any third party resulting from membership to SDC. The service provided is an ‘as seen’ basis and because of the immense variety of selection and matching criteria does not offer any guarantees that suitable matches will be found. SDC will endeavor to provide a level of service as indicated in all published materials. SDC agrees to the best of its ability to keep private any information submitted by members which is not for public display but, however, cannot be held responsible for any illegal actions by any third party which breaches this agreement.

8.3     THE SERVICE AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN «AS IS» AND «AS AVAILABLE» BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND SDC.COM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USERS ACKNOWLEDGE AND AGREE THAT SDC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES SDC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM SDC OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

9.      Limitation of Liability.

9.1     UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL SDC BE LIABLE TO USERS OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) ANY MATTER BEYOND OUR REASONABLE CONTROL IN CONNECTION WITH THE USE OF OUR SERVICES. UNDER NO CIRCUMSTANCES SHALL SDC BE LIABLE TO YOU FOR ANY AMOUNT OF MONETARY DAMAGES OR CLAIM(S). THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.

9.2     Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, SDC’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

10.     Dispute Resolution/Arbitration.

Please read carefully:

To expedite and control the cost of disputes, Users and SDC agree that any legal or equitable claim arising out of or relating in any way to Users’ use of the Services, or this TOS will be resolved as follows:

10.1     Informal Resolution. We will first try to resolve any claim, dispute, or controversy (collectively referred to as “Claim”) informally. You and SDC may not start a formal proceeding for at least 30 days after an official notice of the Claim in writing. Notice of the Claim will include a written statement that includes (a) the claimant’s contact information, including but not limited to his or her primary address, phone number, and email address(es), (b) a detailed description of the facts giving rise to the Claim and (c) the relief requested. You will send your notice by email to helpdesk@sdc.com AND to the address listed directly to:

SDC Media LLC, 2054 Kildaire Road, #428, Cary, NC 28511 (for US members only) or SDC Ventures LTD, t'Woud 45B, 3232 LN Brielle (for all other members).

10.2    Formal Resolution. If we cannot resolve a Claim informally, any asserted Claim will be resolved only by binding arbitration and not in courts of general jurisdiction. No civil action concerning any dispute arising under this Agreement shall be instituted before any court and all such disputes shall be submitted to final and binding arbitration by a three man panel. Each party shall select one arbitrator, who will in turn select a third arbitrator. All costs and expenses of the arbitration, including actual attorney’s fees, shall be allocated among the parties according to the arbitrators’ discretion. The arbitrators’ award resulting from such arbitration may be confirmed and entered as a final judgment in any court of competent jurisdiction and enforced accordingly. Further, the parties hereto expressly agree that proceeding to arbitration and obtaining an award thereunder shall be a condition precedent to the bringing or maintaining of any action in any court with respect to any dispute arising under this Agreement, except for the institution of a civil action to maintain the status quo during the pendency of any arbitration proceeding.

11.     Statute of Limitations.

Regardless of any statute or law to the contrary or the applicable dispute resolution process, an informal complaint pertaining to any Claim or cause of action arising out of or related to use of the Service or under the TOS must be filed with SDC.com within one (1) month after such Claim or cause of action arose or be forever barred from seeking to enforce and/or adjudicate said Claim.

12.     Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement.

SDC respects the intellectual property of others, and we ask our Users to do the same. SDC may, at its discretion, disable and/or terminate the accounts of Users who are offenders. If Users believe that your data, your pictures, your videos have been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide SDC with the following information:

a.     an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b.     a description of the copyrighted work or other intellectual property that your claim has been infringed together with a copy of any registration(s) protecting said copyrighted work or other intellectual property asset;
c.     a description of where the material that you claim is infringing is located on the Site;
d.     your physical address, telephone number, and email address;
e.     a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f.     a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

By mail: SDC Media LLC, 2054 Kildaire Farm Road, #428, Cary, NC 28511. By phone: +1 866 4179956. By email: helpdesk@sdc.com.

13.     Indemnification.

Users shall defend, indemnify, and hold harmless SDC from and against any claims, actions, losses, damages, and/or demands, including without limitation reasonable legal and accounting fees, arising, or resulting from your breach of this TOS, any of User Data, or Users’ misuse of the Service. SDC shall provide notice to Users of any such claim, suit, or demand. SDC reserves the right to conduct the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting SDC defense of such matters.

14.     Enforceability.

If any provision of this TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this TOS will otherwise remain in full force and effect and enforceable.

15.     Integration, Modification, and Authority.

This TOS is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, negotiations, communications, and/or other understandings relating to the subject matter of this TOS. All modifications to this TOS must be in a writing signed by both parties that expressly, by its terms, modifies or waives a provision of this TOS, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created because of this TOS, and you do not have any authority of any kind to bind SDC in any respect whatsoever.

16.     Choice of Law and Forum.

The TOS shall be governed and enforced by the laws of the State of Florida without regard to its conflict of law. This Agreement is made by the parties in the State of Florida and the United States of America, and is to be construed, interpreted, enforced, and governed by and in accordance with such laws (excluding the principals thereof governing conflicts of law) and federal law, in the event, and only to the extent, federal law preempts the law of the State of Florida. Venue for any mediation, litigation, or arbitration concerning or arising out of this Agreement shall be exclusively in Miami-Dade County, Florida. 

The parties hereby waive any right to demand trial by jury for any litigation arising out of or in connection with this Agreement.

17.     Waiver and Severability of Terms.

SDC’s failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.

18.     No Right of Survivorship and Non-Transferability.

If a User is a living person, User agrees that his or her account is non-transferable and his or her rights to the content within his or her account shall terminate upon his or her death.

19.     Government Users.

Nothing herein makes SDC a government contractor for any federal, state, local, or foreign government.

20.     Terms of Sale.

SDC.com offers different pricing package: Trial and Paid. All users are subject to SDC.com’s Terms and Conditions as described below – this includes all Free and Paid users.

21.     Active Users.

Active Users are defined as any users who have signed up or logged into SDC.com and visited Services in your account at least once during the annual billing cycle.

22.     Refund Policy.

SDC offers a non refund policy. If a refund is offered, its up to the decretion of the SDC Staff.

23.     Media Content.

SDC is not responsible for and does not necessarily hold the opinions expressed by our content contributors: Opinions and other statements expressed by users and third parties (e.g., bloggers) are theirs alone, not opinions of SDC. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. 
SDC is not undertaking any obligation or liability relating to the content. SDC and its affiliates, successors, assigns, employees, agents, directors, officers, and shareholders do not undertake or assume any duty to monitor our blog for inappropriate or unlawful content.
  SDC and its affiliates, successors, assigns, employees, agents, directors, officers, and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, SDC reserves the right to block or remove communications, postings, or materials at any time in our sole discretion. 

24.      Advertising.

24.1    Positioning. Positioning of advertisements is at the sole discretion of SDC. Advertiser acknowledges that SDC has not made any guarantees with respect to usage, statistics, or levels of impressions for any advertising except where expressly stated. SDC shall not be liable for any claims related to usage. Liability for typographical errors, wrong insertions, late publications, and/or nonpublication is limited to the amount charged to advertiser. In no event shall SDC be liable to advertiser or to any third party for any indirect, special, or consequential damages, including, but not limited to lost profits or unrealized business opportunity arising the publication of or failure to publish any advertisement.

24.2    Payment.
SDC reserves the right to request full or partial payment before the publishing any advertisement and to cease publishing any advertisement when payment is overdue. In the event any account becomes past due, in addition, the full amount of the account shall immediately become due and payable by Advertiser. Advertiser is responsible for all expenses incurred in connection with the collection of past due amounts payable including, but not limited to attorney’s fees and costs.

24.3    Cancellation.
Advertisement campaigns scheduled for insertion may be cancelled by the advertiser. SDC will need to be notified in writing before the date of scheduled start of the advertising campaign. When advertiser cancels all or part of a campaign, advertiser is responsible for payment of the rate differential resulting from the cancellation.

24.4    Rejection of Advertisements.
SDC reserves the right to reject or cancel any advertisement campaign at any time, for any reason. Advertiser assumes all liability for the content of their advertising and agrees to defend, hold harmless, and indemnify SDC from all claims, losses, judgments, damages, costs, and expenses of any nature whatsoever, for which SDC may become liable for due to Advertiser's advertisements.

25.      Force Majeure.

SDC shall not be held responsible or liable for any delay or failure in performance caused by acts of God, severe weather, fires, floods, strikes, terrorism, epidemics, pandemics, work stoppages, breakdown of equipment, government action, labor disputes, internet or website downtime, or other causes beyond reasonable control. 

Privacy Policy | SDC.com
Effective May 24th 2018

This Privacy Policy describes the manner in which SDC.com collects, uses, maintains and discloses information collected from Users ("User") through our all our websites ("Site") by accessing our Services (“Services”). The Sites include all digital properties under that uses the SDC.com domain, including, but not limited to, all subdomains and mobile applications, native or not. This privacy policy applies to the controlled Sites, applications and all products and services offered by SDC. If you do not agree with this policy, please do not access or use our Services or any aspect of our Business. Updates in this Privacy Policy reflects recent changes in data protection law (eg. GDPR) and aims to provide Users a clearer understanding of how SDC.com manages all User Data.

Applicability
This privacy policy applies to all products and Services (collectively, the “Services”) offered by SDC LLC through SDC.com (collectively, the “Sites”) and our Mobile Applications. In addition, this policy applies to personal data from the European Union that is collected and retained in the United States. This Privacy Policy does not apply to any third party applications or software that integrate with SDC.com’s Services or any other third party products, services or business.

Data Collected and Received by SDC.com
Definition of Information Processing
Any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Personal Identification Information
We may collect personally identification information from Users in a variety of ways, including, but not limited to, when Users visit our Sites, register on the Sites, and in connection with other activities, Services, features or resources we make available on our Sites. Users may be asked for, as appropriate, name, email address, billing information. We will collect personal identification information from Users only if they voluntarily submit such information to us, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Sites related activities. Real names and billing information are encrypted on SDC.com’s servers. We will never sell your personal information to third parties and we won’t use your name or company name in any marketing statements without obtaining your permission in writing.

Non Personal Identification Information
We may collect non-personal identification information about Users whenever they interact with our Sites and applications. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Sites, such as the operating system and the Internet service providers utilized and other similar information.

Other Information
Services Metadata – when Users interact with our Services, metadata is generated to help provide additional context regarding how Users interact with our Sites.
Log Data – Our services will automatically collect information when Users and Site Administrators access or use our Sites or Services and records it in log files. Log data may include IP address (or a shortened version of it), previously visited web page addresses, browser type and settings, time and date when Services were used, browser configurations and plugins, language and cookie data. Device Information – SDC.com collect information about your computer, phone, tablet, or other devices you use to access our Services. This device information includes your connection type and settings when you install, access, update or use our Services. We also collect information through your device about your operating system, browser type, IP address, URLs of referring/exit pages, device identifiers, and crash data. We use your IP address and/or country preference in order to approximate your location to provide you with a better Service experience. How much of this information we collect depends on the type and settings of the device you use to access the Services. Location information -  SDC.com will receive this information from Users during our Account Registration as well as from the Users devices should the ‘Location Services’ be turned on.
Personal information – SDC.com is a media and dating site as well as a community tool, therefore any User-generated data by use of our Services will be collected and stored by SDC.com. Collected data includes, but not limited to, data that Users post, send, receive or share. These include any files or links that User upload to our Services, including pictures and videos, public or private. It also includes all forms of personal information given by the User in their User profile. Personal data will only be accessible through authorized and limited Administrator accounts or Users designated account and can only be viewed, or altered, by Users belonging to such accounts. SDC.com will never share, sell, or exploit any Personal information unless specifically requested by the User through written consent. Any advertising targeted to the Users will be done in an anonymized manner. Users will also be able to request the log data of their account accesses to see what potential Administrator users accessed.

Web Browser Cookies
SDC.com uses "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you. 
One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, We use cookies (and you can turn this off on the login page) to "remember" you each time you login. This saves you time from typing in your user name and password each time you visit us. 
Our Site may use "cookies" to enhance User experience. User`s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. A user may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

How SDC.com Uses Collected Data
Users are the primary Controllers of User Data. SDC.com is a processor of User Data and Controller of other certain data. SDC.com will never remove Users from SDC.com unless specifically instructed by the User or if the User transgresses the Terms of Service or the User failed to provide payment for SDC.com’s services (see Terms of Service for additional information). 
SDC.com collects and uses Users personal information for the following purposes:
To personalize User experience and improve our Sites and applications.
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
We continually strive to improve our website offerings based on the information and feedback we receive from you.
Your information helps us to more effectively respond to your customer service requests and support needs.
To administer a content, promotion, survey or other Site feature, through explicit consent (see below for Consent Requirements).
To send Users information they agreed to receive about topics we think will be of interest to them, in the form of newsletters, alerts or other ‘push’ technologies.
We may also use your email address to deliver information that, in some cases, is targeted to your interests, such as banners and promotions, through explicit consent (see below for Consent Requirements).
We also send you periodic informational updates via email, through explicit consent (see below for Consent Requirements).
The email address Users provide will only be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc, through explicit consent (see below for Consent Requirements). If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
As required by applicable law, legal process or regulation.
For Billing, account management and other administrative matters, accessed only by designated specific SDC billing managers.
For investigative and preventive measures against Site abuse. Accesses by SDC will be logged in the User log file and said log file can be requested and contested at any time.
We use information about Users when granted consent for a specific purpose not listed above. For example, we may publish testimonials or feature customer stories to educate, entertain, promote our Services. We will always ask for consent prior to posting any information for promotional or media purposes.

Sharing and Disclosure of Information
SDC.com will only disclose or share User information for the following purposes:
User’s Request: SDC.com will share all User Data based on User’s request and instructions (see below for more details).
Media Collaboration:  Users can create content, which may contain information about themselves or other Users, and grant permission to others to see, share, edit, copy and download that content. Some of the collaboration features of the Services display some or all of your profile information to other Service Users when you share or interact with specific content. Similarly, when Users join a Service, your nickname, profile picture and other information will be displayed in a list for other site members so they can find and interact with you. This excludes any use and sharing of that information by other members to a third party.
Legal Compliance: If requested by legal Authority, SDC.com may disclose User information that we determine to be in accordance or required by any applicable law.
Enforcement: SDC.com also reserves the right to disclose User information to investigate, prevent, or take action against illegal activities, suspected fraud, or situations involving physical threat to any such persons.
Consent: SDC.com may share User information with other 3rd parties in instances when we have Users’ consent to do so.
One time consent is also required in the following individual scenarios (consent needs to be given only once per User account):
When the User builds a new profile
When the User logs in after May 25th
When the User changes some personal information on their profile
When the User will want to use the Email and Messenger capabilities
When the User will want to receive the SDC.com Newletter
When the User will want to receive the SDC.com Promotions
When the User will want to receive the SDC.com third party offers
When the User will want to share his content
Third Party Service Providers and Partners: SDC.com works with third-party service providers and partners to provide website and application strategy, product management, development, hosting, maintenance, backup, storage, virtual infrastructure, payment processing, analysis and other services for SDC.com, which may require them to access or use User information. If a service provider needs to access information about Users to perform services on SDC.com’s behalf, they do so under instruction from SDC.com, including abiding by policies and procedures designed to protect User information. To SDC.com’s knowledge, our 3rd party Service Providers and Partners are in compliance with GDPR.

Amazon Web Services (servers and infrastructure) - GDPR info
Google Analytics (data collection) - does not contain personal information, but there may be provisions to strip the last digits of the Users IP address.

Services Users link to their account: SDC.com receives information when Users enable any 3rd party apps or integrate a 3rd party service with our Services. Example, if Users log into our Services using your Google credentials, SDC.com will receive your name and email address as permitted by User’s Google profile settings for authentication purposes. Users and project members may also integrate our Services with other 3rd party services to allow you to access, store, share and/or edit content from a 3rd party through our Services. Example, Users might authorize our Services to access and display files from a 3rd party document-sharing service within SDC.com. Information that SDC.com receives when Users link or integrate our Services with a 3rd party service depends on the settings, permissions and privacy policy controlled by that 3rd party service. We strongly suggest that Users thoroughly review privacy settings and ToS from any 3rd party services in order to fully understand what type of data may be disclosed or shared with SDC.com.
Operational Partners: SDC.com works with 3rd parties who provide billing, support technical services to deliver and implement solutions to our Users. SDC.com may share User information with these 3rd parties in connection with their services, such as to assist with billing cycles, to provide localized support, and to provide customizations work. SDC.com may also share information with these 3rd parties where Users have granted Consent to share any information, for example, technical or customer support services.
3rd Party apps: Users may choose to add new functionality by using 3rd party website apps to SDC.com’s Services. In doing so, Users may be providing these 3rd party apps access to personal information about you such as name, nickname, email address, and personal data you choose to use in connection with those apps. 3rd party app’s Privacy Policies and ToS are not controlled by SDC.com, and SDC.com’s Privacy Policy does not extend coverage for any 3rd party apps and how they handle your personal information. SDC.com strongly encourages Users to review all 3rd Party Privacy Policies and ToS before connecting them to our Services. If Users object to information being shared with these 3rd parties, please disable the app immediately.
Links to 3rd Party Sites: SDC.com’s Services may include links that direct you to other websites or services whose privacy practices may differ from ours, like Content Providers. What you submit to these 3rd party sites are governed under their Privacy Policies and is not covered by SDC.com’s Privacy Policies.
3rd Party Widgets: Our Services may contain widgets and social media features, e.g. the Twitter "tweet" button. These widgets and features collect your IP address, and may set a cookie to enable the feature to properly function. Widgets and social media features are either hosted by a 3rd party or hosted directly on our Services. User’s interactions with these features are governed by the privacy policy of the company providing it and not governed by SDC.com’s Privacy Policy. SDC.com will have processor agreements for every 3rd party dealing with the User’s data.

The operations of SDC.com does require our employees to have access to systems which store and process User Data. This primarily serves the purpose of problem diagnostic or troubleshooting. For example, in order to diagnose a problem Users may have with SDC.com services, our Employees may need access to your User Data. All employees and affiliated subcontractors are prohibited from viewing User Data for any reasons unless absolutely necessary to do so.

Data Deletion
If Users requires deletion of their data, we require Users delete their account. When Users delete their account or decide to no longer participate in the Services, the following is how data deletion will be treated: Majority data deletion will occur upon User consent. Complete data deletion will occur post 90 days. Please see “Data Retention” below for additional details regarding 90-days data retention.
Users, at any time, may request a deletion of their personal data. If such request is made, the account will be disactivated and will remain in backups and life-cycle we maintain to ensures we do not store data inside backups more than 90 days. Users may email helpdesk@sdc.com to request data deletion, cancel their User account or fill out the GDPR User Rights form on the site. If Users fail to make payment for any premium plans, SDC.com will remove all paid features and return Users to the Free / Trial Plan. Please see section 7.5 of our ToS for User inactivity under the Free Plan. If SDC.com deletes an account due to inactivity, the above scenarios will apply.

Data Retention
Information storage and security
SDC.com uses data hosting service providers in the United States to host collected information, and we use technical measures to secure all data. Despite the thorough security measures and safeguards that SDC.com implements to protect data, no security system is impenetrable and due to the inherent nature of the Internet, SDC.com cannot guarantee that data, during transmission through the Internet or while stored on our systems or otherwise in our care, is absolutely safe from intrusion by others. SDC.com has policies in place in case of such situation and will respond to requests about this within a reasonable timeframe.  Please contact helpdesk@sdc.com for more information.

How long we keep information
How long we keep the information we collect about you depends on the type of information, as described in further detail below. After such time, we will make every effort to delete your information or, if this is not possible (for example, because the information has been stored in backup archives), then we will securely store your information and isolate it from any further use until deletion is possible.
User Account information: We retain User information until User delete their account(s), which then we will continue retaining the data for up to 90 days after account deletion. In particular: Email, Admin Notes, IPs, Access History, Payment History and Nickname. SDC.com maintains this practice due to the following reason:
In the event that User’s account has been compromised and purposely deleted. SDC.com will help maintain and restore data once the situation is rectified.
An account was mistakenly deleted by Users. In such an event, SDC.com will be able to restore data for Users.
Various data storage systems and backups have different lifecycle policies which are held for a maximum of 90 days. For example, our database backups are encrypted, incremental and full re-cycle in 30 days. It is impossible to erase User data inside encrypted incremental backups in real-time.
SDC.com may also retain some of the User data as necessary to comply with our legal obligations, to resolve disputes, to enforce our agreements, to support business operations and to continue to develop and improve our Services. Where we retain information for Service improvement and development, we take steps to eliminate information that directly identifies any specific Users, and we only use the information to uncover collective insights about the use of our Services, not to specifically analyze personal characteristics about any Users.
  The information you share on the Services: If User’s account is deactivated or disabled, some of the User information and the content that Users have provided will remain in order to allow other members or other Users to make full use of the Services. For example, we continue to display comments and content you provided to forums. SDC.com will hold User data up to 90 days after account cancellation in case Users will renew again within that time frame.
 
Marketing and Promotional information: If Users have elected and provided consent to receive marketing and promotional emails from SDC.com, we retain information about Users' marketing preferences unless asked specifically to delete such information. SDC.com retains information derived from cookies and other tracking technologies for a reasonable and specific period of time from the date such information was created.

Security
We take the security of your data very seriously at SDC.com. As transparency is one of the principles on which our company is built, we aim to be as clear and open as we can about the way we handle security. Our security practices are published here (link to Security Practices Page) 
Age Limitation.
SDC.com does not allow the use of our Services or Sites to anyone younger than legal age in the Users prospective state and country.
SDC.com will make the utmost effort to prohibit the use of our Site by anyone not over the legal age. Should SDC.com learn that anyone under that local legal age has unlawfully provided us with personal data, SDC.com will take the necessary steps to delete such information. SDC.com is strictly an adult-oriented service and all minors are prohibited from using any and all services provided.

Changes to Privacy Policy
SDC.com has the discretion to update this privacy policy at any time. When we do make changes, we will post a notification on the main page of our Site and send you an email. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Privacy Shield
In compliance with the US-EU Privacy Shield Principles, SDC.com will make every effort to resolve complaints about User privacy and our collection of your personal information. EU Users with inquiries or complaints regarding our Privacy Policy should first contact SDC.com's Data Protection Officer for any questions related to our Privacy Policy. helpdesk@sdc.com
SDC.com has further committed to refer any unresolved privacy complaints for our EU Users to an independent dispute resolution mechanism, JAMS Privacy Shield Program. Please note that if complaints cannot be resolved through the channels listed here, a binding arbitration option may be available before a Privacy Shield Panel.

Data Protection Officer
Please contact SDC.com's Data Protection Officer for any questions related to our Privacy Policy. helpdesk@sdc.com

User Rights
Users have certain statutory rights in relation to their personal data.

The rights to data subject access include the following:
• Know whether a data controller holds any personal data about them.
• Receive a description of the data held about them and a copy of the data.
• Be informed of the purpose(s) for which that data is being processed, and from where it was received.
• Be informed whether the information is being disclosed to anyone apart from the original recipient of the data; and if so, the identity of those recipients.
• The right of data portability. Data subjects can ask that their personal data be transferred to them or a third party in machine readable format (Word, PDF, etc.). However, such requests can only be fulfilled if the data in question is: 1) provided by the data subject to SDC.com, 2) is processed automatically and 3) is processed based on consent or fulfilment of a contract.
• If the data is being used to make automated decisions about the data subject, to be told what logic the system uses to make those decisions and to be able to request human intervention.
SDC.com must provide a response to data subjects requesting access to their data within 30 calendar days of receiving the Data Subject Access Request unless local legislation dictates otherwise. Please contact SDC.com's Data Protection Officer for assistance: helpdesk@sdc.com. In order to establish the correct User identity, SDC.com may require the User to provide official government issued proof of identity or require a secondary digital validation.
SDC.com will provide Users an option to export their data. SDC.com does include this option on our paid plans (monthly, lifetime). We do not provide data exportation capabilities to Users on trial plans. Please email helpdesk@sdc.com for assistance.
You have the following choices to modify or delete your personal information from our database:
Log in and modify or delete your profile
Send an email to optout@sdc.com
Call us at 1 866 4179957
In the event that SDC becomes aware that site security is compromised or nonpublic user information has been disclosed to unrelated third parties as a result of external activity, including but not limited to external security attacks, SDC shall take reasonable measures which it deems appropriate, including but not limited to internal investigation and reporting, and notification to and cooperation with law enforcement authorities, notwithstanding other provisions of this Privacy Statement. If you become aware of such a breach, please fill in the appropriate form on the website, or email helpdesk@sdc.com or create an emergency support ticket. 
If SDC becomes aware that a user's personal information provided to SDC has been disclosed in a manner not in accordance with this Privacy Statement, SDC shall make reasonable efforts to notify the affected user, as soon as reasonably possible and as permitted by law, of what information has been disclosed, to the extent that SDC knows this information. 

A form is provided on SDC.com to permit Users to exercise their data rights, namely to do the following :
I want SDC.com to delete my personal data and cancel my account
I want SDC.com to transfer my data to me
I want to know how SDC.com is using my personal information
I want to rectify incorrect data SDC.com has about me
I want SDC.com to stop using my information for direct marketing and profiling
I want to object to the way SDC.com is using my personal information

Data Subject Access Request Procedure

Data Subject Access Request (“DSAR”)
A Data Subject Access Request (DSAR) is any request made by an individual or an individual’s legal representative for information held by the Company about that individual. The Data Subject Access Request provides the right for data subjects to see or view their own personal data as well as to request copies of the data.
A Data Subject Access Request must be made in writing. In general, verbal requests for information held about an individual are not valid DSARs. In the event a formal Data Subject Access Request is made verbally to a staff member of the Company, further guidance should be sought from Data Protection Officer, who will consider and approve all Data Subject Access Request applications.
A Data Subject Access Request can only be made via any of the following methods: email, post, or corporate website. DSARs made online must be treated like any other Data Subject Access Requests when they are received, though the Company will not provide personal information via social media channels.
Requirements for a valid DSAR
In order to be able to respond to the Data Subject Access Requests in a timely manner, the data subject should:
• Submit his/her request using a Data Subject Access Request Form.
• Provide SDC.com with sufficient information to validate his/her identity (to ensure that the person requesting the information is the data subject or his/her authorized person).
Subject to the exemptions referred to in this document, SDC.com will provide information to data subjects whose requests are in writing (or by some other method explicitly permitted by the local law), and are received from an individual whose identity can be validated by SDC.com. Requests are more likely to be successful where they are specific and targeted at particular information.
Factors that can assist in narrowing the scope of a search include identifying the likely holder of the information (e.g. by making reference to a specific department), the time period in which the information was generated or processed (the narrower the time frame, the more likely a request is to succeed) and being specific about the nature of the data sought (e.g. a copy of a particular form or email records from within a particular department).

Exemptions
An individual does not have the right to access information recorded about someone else, unless they are an authorized representative, or have parental responsibility.
SDC.com is not required to respond to requests for information unless it is provided with sufficient details to enable the location of the information to be identified, and to satisfy itself as to the identity of the data subject making the request.
In principle, SDC.com will not normally disclose the following types of information in response to a Data Subject Access Request: • Information about other people – A Data Subject Access Request may cover information which relates to an individual or individuals other than the data subject. Access to such data will not be granted, unless the individuals involved have previously given consent to the disclosure of their data in one of the scenarios detailed above, such as communications from other users.
• Repeat requests – Where a similar or identical request in relation to the same data subject has previously been complied with within a reasonable time period, and where there is no significant change in personal data held in relation to that data subject, any further request made within a three month period of the original request will be considered a repeat request, and SDC.com will not normally provide a further copy of the same data
• Publicly available information – The Company is not required to provide copies of documents which are already in the public domain, such as stories, forum contributions, and other User generated content.
• Opinions given in confidence or protected by copyright law – SDC.com does not have to disclose personal data held in relation to a data subject that is in the form of an opinion given in confidence or protected by copyright law.
• Privileged documents – Any privileged information held by SDC.com need not be disclosed in response to a DSAR. In general, privileged information includes any document which is confidential (e.g. a direct communication between a client and his/her lawyer) and is created for the purpose of obtaining or giving legal advice.

Data Subject Access Request Refusals
There are situations where individuals do not have a right to see information relating to them. For instance: • If the information is kept only for the purpose of statistics or research, and where the results of the statistical work or research are not made available in a form that identifies any of the individuals involved.
• Requests made for other, non-data protection purposes can be rejected.
If the responsible person refuses a Data Subject Access Request on behalf SDC.com, the reasons for the rejection must be clearly set out in writing. Any individual dissatisfied with the outcome of his/her Data Subject Access Request is entitled to make a request to the Data Protection Officer to review the outcome.

No Guarantees for Factors Beyond SDC’s Control

While this Privacy Statement expresses SDC's standards for maintenance of private data, it is not in a position to guarantee that the standards will always be met. There may be factors beyond SDC's control (e.g., "script kiddies, crackers and other malcontents, hurricanes, tornados, acts of God, loss of power, diseases, loss of mind, body and soul") that may result in disclosure of data. As a consequence, SDC disclaims any warranties or representations relating to maintenance or nondisclosure of private information.