Terms of Service - YUMMYPLUS

 

These Terms of Service ("Terms") govern your use of the products, services, and content (collectively, "Services") provided on the website and application and other sites and subdomains (collectively, the "Website") owned and traded by FREEDOM MEDIA B.V. operating under YUMMYPLUS ( "Company," "we," "us," or "our").

By accessing the Website, you agree to abide by these Terms and comply with all applicable laws and regulations. We reserve the right to review and amend any of these Terms at our sole discretion and update this page from time to time. Any changes to these Terms will take effect immediately upon publication. If you do not agree with these Terms, you are prohibited from using or accessing our Website or using any other services provided by us.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE. THESE TERMS GOVERN YOUR USE OF THE WEBSITE, UNLESS WE HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT WITH YOU FOR THAT PURPOSE. WE ARE ONLY WILLING TO MAKE THE WEBSITE AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE WEBSITE, YOU ARE CONFIRMING YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE TERMS ON THAT ENTITY’S BEHALF, IN WHICH CASE “YOU” WILL MEAN THAT ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT ACCEPT ALL OF THESE TERMS, THEN WE WILL NOT MAKE THE YUMMY PLUS WEBSITE OR ANY OF ITS CONTENT AVAILABLE TO YOU. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE.


SERVICES

The YUMMY PLUS (yummyplus.yummyzine.com) website provides photography and videos to subscribed members who have purchased access rights. By purchasing a membership, the Subscriber ("Subscriber") receives one access right to the site and its materials.

We offer a monthly subscription, 6 months or yearly.

Standard membership content, defined as including exclusive BACKSTAGE Videos (the behind the scenes video content from issues of Yummy and Yummyzine publications). STORY PREVIEWS from upcoming issues of Yummy, Yummyzine. LIMITED, model/ photographer centric booklets. PLUS, expanded story photo stories and FREEDOM a digital magazine. The content is intended for a mature audience, as it depicts male nudity and typically full frontal nudity. These are available to active members through the site. Some content listed above will have a pay-on-demand component [POD]. New content is added on a regular basis — typically every Friday, unless otherwise advertised.

Access to previously released content may vary by membership tier and/ or  length of continuous membership.

The site also offers additional in-site pay-per-view content.

Access to purchase, pay-on-demand content is:

  • Delivery is typically instant or available immediately after purchase

  • In rare cases, if there is an issue or delay, we will notify you directly


AGE RESTRICTION - MATURE ARTISTIC CONTENT

All users must be at least 18 years of age (or the age of majority in their jurisdiction, whichever is greater) to access or use this website. Access or use of this website by anyone under the age of 18 is strictly prohibited and constitutes a violation of these Terms. Any attempt by individuals under the legal age to access or use this content, or to assist minors in accessing this content, will result in immediate account termination and potential legal action, including reporting to law enforcement authorities.


INTELLECTUAL PROPERTY RIGHTS & NON-DISCLOSURE AGREEMENT

You acknowledge and agree that, unless otherwise stated, we (or, as applicable, our licensors) own all legal right, title and interest in and to all elements of the Website, and all intellectual property rights therein. The photos, videos, visual interfaces, graphics (including, without limitation, all art and drawings associated with the), design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Website (collectively, the “YUMMYPLUS Materials”) are owned by the company, and are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All YUMMYPLUS Materials are the copyrighted property of the company or its licensors, and all trademarks, service marks, and trade names contained in the YUMMYPLUS Materials are proprietary to YUMMYPLUS or its licensors. 

Except as expressly set forth herein, your use of the Website does not grant you ownership of or any other rights with respect to any content, code, data, or other materials that you may access on or through the Website. We reserve all rights in and to the YUMMYPLUS Materials not expressly granted to you in the Terms. For the sake of clarity, you understand and agree: (i) that your subscription to the site does not give you any rights or licenses in or to the YUMMYPLUS Materials other than those expressly contained in these Terms; and (ii) that you do not have the right to reproduce, distribute, or otherwise commercialize any elements of the YUMMYPLUS Materials (including, without limitation, our copyright in and to the photos and videos associated with the website) in any way.



INVISIBLE WATERMARK SYSTEM

YUMMYPLUS has implemented an invisible watermark system on all our content; video, image and photography.

This cutting edge technology gives us the ability to identify what subscriber is associated with the publishing, transmitting, sending, or distributing of any material from YUMMYPLUS.

Subscriber’s account breaking this trademark usage rule will be immediately terminated without refund. The company reserves the right to also seek all remedies available under copyright law including fines ranging from $750 - $150,000 per infringement, whether intentionally leaked or not.

You agree that you are responsible for your own conduct while accessing or using the Website, and for any consequences thereof. You agree to use the Website only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. By way of example, and not as a limitation, you may not, and may not allow any third party to: (i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content; (ii) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (iii) impersonate another person (via the use of an email address or otherwise); (iv) upload, post, transmit or otherwise make available through the Website any content that infringes the intellectual proprietary rights of any party; (v) use the Website to violate the legal rights (such as rights of privacy and publicity) of others; (vi) engage in, promote, or encourage illegal activity (including, without limitation, money laundering); (vii) interfere with other users’ enjoyment of the Website; (viii) exploit the Website for any unauthorized commercial purpose; (ix) modify, adapt, translate, or reverse engineer any portion of the Website; (x) remove any copyright, trademark or other proprietary rights notices contained in or on the Website or any part of it; (xi) reformat or frame any portion of the Website; (xii) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website or the content posted on the Website, or to collect information about its users for any unauthorized purpose; (xiv) create user accounts by automated means or under false or fraudulent pretenses; or (xv) access or use the Website for the purpose of creating a product or service that is competitive with any of our products or services.

Any use of the Company IP in violation of these Terms, without explicit written permission from FREEDOM BV, YUMMYPLUS, is strictly prohibited and will result in the termination of your account and further legal action. Each infringement of these terms for anyone that shares, records or distributes our content will be fined $2500 per image/ video that is shared. These costs will be automatically billed to you by Yummy+ through your account. FREEDOM BV/ YUMMYPLUS reserves the right to change, modify, or update this Intellectual Property Clause at any time without prior notice. It is your responsibility to review this clause periodically for changes. Your continued use of the website following the posting of any changes to this clause constitutes acceptance of those changes.


BILLING

Charges for services provided by YUMMYPLUS.YUMMYZINE.COM  will be billed by FREEDOM MEDIA BV/ YUMMYPLUS/ Showcase. For discretion and privacy, charges made by YUMMYPLUS.YUMMYZINE.COM or its affiliated billing entities will appear on the Subscriber's credit card or bank statement under FREEDOM MEDIA BV. This descriptor will always be identifiable as related to the Subscriber's subscription to YUMMYPLUS.YUMMYZINE.COM. Subscribers are advised to note this descriptor to easily recognize charges related to their subscription.


PAYMENT

Upon initial enrollment for a subscription to the Website, Subscribers are subjected to periodic subscription fees, detailed at the time of enrollment. The Subscriber agrees to be responsible for these fees as per the Website’s terms of service. 

We accept all major credit cards, and payments are processed in British Pounds (GBP).

Subscriptions will automatically renew at the end of the original term for a subsequent period of the same duration, at a similar fee, unless a cancellation notice is received from the Subscriber 24 hours prior to renewal of terms. The Subscriber must actively cancel their subscription to avoid automatic renewal charges. By agreeing to these terms, the Subscriber authorizes FREEDOM MEDIA BV to charge their chosen payment method for ongoing subscription fees and any additional purchases of services or materials on the Site. This authorization remains effective until the Subscriber cancels it in line with the Website’s terms. There are no refunds once payment is made.

Subscribers can cancel their subscription at any time by going to their account settings and clicking the ‘unsubscribe’ button. The subscription will remain active until the end of the 30-day term, at which point it will automatically end.

Due to the digital nature of the content:

  • All sales are final

  • Memberships and POD content are non-refundable once access is granted

  • If there is a technical issue with your purchase or access, please reach out to support and we’ll resolve it promptly

  • Support can be contacted by clicking here, or visiting our contact page


ACCOUNT AND REGISTRATION

To access and use specific features of the Services, account creation is required. You are obligated to furnish truthful and precise details during the account registration process. Furthermore, you are accountable for upholding the accuracy of all data submitted. In the event that any information provided is determined to be false, inaccurate, or incomplete, we retain the authority to terminate your account and revoke your access to any and all Services. You bear responsibility for maintaining the confidentiality of your account password and must promptly inform us of any recognized or suspected unauthorized access to your account. You acknowledge that you are accountable for all activities, whether acts or omissions, that occur under your account while your password is in use.

You consent to the addition of your contact information to our weekly newsletter distribution list.


TRADEMARKS

The Company name, the Company logo, and all related names, logos, photos, videos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use any of it without the prior written permission of the Company.

All other third-party trademarks, registered trademarks, and product names mentioned on the Service or contained in the content linked to or associated with the Website are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Rickdayland or the Company.

 

LIMITATIONS OF USE

By using the Website, you may view pages and stream audio and video files from our website using the media player on the website.

By using the website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

  1. Download, save, modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on the Website;

  2. remove any copyright or other proprietary notations from any materials and software on the Website;

  3. transfer, sell, rent, sub-license the materials to another person or “mirror” the materials on any other server, or show any material in public; 

  4. knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service the Company provides;

  5. use the Website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;

  6. use the Website or its associated services in violation of any applicable laws or regulations;

  7. use the Website in conjunction with sending unauthorized advertising or spam;

  8. harvest, collect, or gather user data without the user’s consent; 

  9. use the Website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.


TERMS AND TERMINATION

These Terms shall remain in full force and effect so long as you access and use our Website. You have the right to terminate your use of our Website and delete your account at any time and for any or no reason. We may terminate your access to or use of the Website at any time without prior notice if you breach any of these Terms or take any suspected fraudulent, abusive, or illegal activity, and termination of your account will be in addition to any other remedies we may have in law or equity. 


DISCLAIMERS

You expressly understand and agree that your access to and use of the Website is at your sole risk, and that the Website is provided "as is" and "as available" without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, we, our subsidiaries, affiliates, and licensors make no express warranties and hereby disclaim all implied warranties regarding the Website and any part of it (including, without limitation, the site, any smart contract, or any external websites), including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, correctness, accuracy, or reliability. Without limiting the generality of the foregoing, we, our subsidiaries, affiliates, and licensors do not represent or warrant to you that: (i) your access to or use of the Website will meet your requirements, (ii) your access to or use of the Website will be uninterrupted, timely, secure or free from error, (iii) usage data provided through the Website will be accurate, (iii) the Website or any content, services, or features made available on the website are free of viruses or other harmful components, or (iv) that any data that you disclose when you use the Website will be secure. Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so some or all of the above exclusions may not apply to you.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF OPPORTUNITY, LOSS OF REPUTATION, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 

YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, ANY PORTION OF THE WEBSITE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE AMOUNT OF TRANSACTION FEES RECEIVED BY RICKDAYLAND FOR ITS SERVICE DIRECTLY RELATING TO THE ITEMS THAT ARE THE SUBJECT OF THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE WEBSITE AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU WITHOUT THESE LIMITATIONS.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

ASSUMPTION OF RISK

You accept and acknowledge each of the following:

  1. Assumption of Risk: Users acknowledge and agree that they are fully aware of the potential risks associated with accessing and using the content on this website, including but not limited to exposure to content that may be offensive, indecent, or objectionable. Users assume all responsibility for any emotional, psychological, or physical effects that may result from their use of the website.

  2. No Liability for Interactions: The website is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

  3. Limitation of Liability: To the fullest extent permitted by law, the website shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the website; (b) unauthorized access, use, or alteration of your transmissions or content.

  4. Acknowledgement of Terms: By continuing to access or use our website, you acknowledge that you have read, understood, and agreed to be bound by the terms of this Assumption of Risk clause, along with the rest of the Terms of Service.


INDEMNIFICATION

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless the Company and its past, present and future employees, partners, contractors, consultants, suppliers, vendors, service providers, agents, representatives, predecessors, successors and assigns (the “Indemnified Parties”) from and against all claims, demands, actions, damages, losses, costs and expenses (including attorneys’ fees) that arise from or relate to: (i) your use of the website or any services, (ii) your responsibilities or obligations under these Terms, (iii) your violation of these Terms, (iv) your violation of any applicable laws or regulations, (v) your violation of any rights of any other person or entity, or (vi) your contract with any other user.

The Company reserves the right to exercise sole control over the defense, at your expense, of any claim subject to indemnification. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and the Company.

LINKS FROM THE WEBSITE

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

SEVERANCE

If any provision of these Terms is deemed void or unenforceable, the remaining provisions shall remain in full force and effect. The validity of the remaining provisions is not affected.


GOVERNING LAW

These Terms and your use of the Website shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

DISPUTE RESOLUTION; ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICES OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT THE COMPANY AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

NO CLASS ACTION

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

CONTACT US

For any questions about your account, content access, or billing issues, please contact us at  clicking here, or visiting our contact page  We aim to respond within 24–48 hours (within normal business hours)