Privacy Policy + Terms and Conditions
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Privacy Policy and Terms
On this page you will find the Terms of Service (plus refund policy), Privacy Policy, and 18 U.S.C. 2257 Record-keeping Requirements Compliance Statement.
Terms of Service
Last Updated: April 16th, 2024
Age Restriction: Only adults (1) who are at least 18-years old and (2) who have reached the age of majority where they live may access the Website. The Operator forbids all persons who do not meet these age requirements from accessing the Website.
Illegal Content and Abuse Reporting: We do not allow any non-consensual content or content that violates the acceptable rules and regulations defined by the credit card association. Any items, such as revenge porn, sexual image-based abuse, non-consensual pornography, or uploaded content without the permission of the participant(s) are strictly prohibited.
If you are the victim or have first-hand knowledge of illegal content, we encourage you to notify us immediately by emailing or calling our customer service center in order to initiate a content review process and take other necessary actions. Reporting users or content this way is completely confidential.
Section 230(d) Notice: In accordance with 47 U.S.C. � 230(d), you are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching "parental control protection" or similar terms. If minors have access to your computer, please restrain their access to sexually explicit material by using any of the following products, which the Operator provides for informational purposes only and does not endorse: CYBERsitter� | Net Nanny� | CyberPatrol | ASACP.
- Introduction
1.1 This Website contains age-restricted adult-oriented Content, including, but not limited to, nudity and explicit depictions of sexual activity. You understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and the Operator does not guarantee the accuracy of Content categories, tags, types, genres, and descriptions. You further understand and acknowledge that your use of this Website is at your own risk, and the Operator has no liability to you for any Content you view. This Website is for your personal use only. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against this Website with respect thereto, and agree to indemnify and hold this Website, its operator, its affiliates, licensors, service providers, successors and assigns, harmless to the fullest extent allowed by law regarding all matters related to your use of this Website.
By accessing, using or visiting www.giantesskatelyn.com ("we", "us", "our", the "Operator", or this "Website"), any of its Content, functionalities and services, you signify your agreement to these Terms of Service including policies and related guidelines, collectively "Terms of Service", and our Privacy Policy and incorporated herein by reference.
1.2 These Terms of Service apply to all users of this Website ("you", "User" or "Users" as the context requires), whether accessed via computer, mobile device, or other technology, manner, or means. "Content" and "Material" includes the text, textual content, photos, videos, sounds, music, audiovisual combinations, graphics, interactive features, software, scripts, and other materials you may view, upload, download, publish, submit, communicate or post on this Website.
You consent to entering these Terms of Service electronically, and to storage of records related to these Terms of Service in electronic form.
If you do not agree to any of these Terms of Service or our Privacy Policy, you must not access or use this Website.
1.3 You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. You also represent that the country, state, province, or any other jurisdiction from which you access this Website does not prohibit the receiving or viewing of sexually explicit Content.
1.4 We reserve the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of this Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. The updated version of these Terms of Service supersedes any prior versions immediately upon being posted, and the prior version(s) shall have no continuing legal effect. You should periodically review the most up-to-date version of our Terms of Service.
- Warning: Adult-Oriented Content; Eligibility
The Website contains sexually explicit material that is unsuitable for minors. Only individuals (1) who are at least 18-years old and (2) who have reached the age of majority where they live may access the Website. If you do not meet these age requirements, you must not access the Website and must leave now. By accessing the Website, you state that the following facts are accurate:
2.1 You are at least 18-years old, have reached the age of majority where you live, and you have the legal capacity to enter into this agreement;
2.2 You are aware of the adult nature of the material available on the Website, and you are not offended by visual images, verbal descriptions, and audio sounds of a sexual nature, including graphic visual depictions and descriptions of nudity and sexual activity;
2.3 You are familiar with your community's laws affecting your right to access adult-oriented materials;
2.4 You have the legal right to access adult-oriented materials, and we have the legal right to transmit them to you;
2.5 You are voluntarily requesting adult-oriented materials for your private enjoyment;
2.6 You are not accessing the Website from a place, country, or location in which doing so would, or could be considered a violation of applicable law; and
2.7 You will not share this Website with a minor or otherwise make it available to a minor.
- No Child Pornography
Any actual human beings depicted in images or videos appearing on the Website located at www.giantesskatelyn.com were at least 18-years old at the time those images or videos were produced. We only publish images of consenting adults. If you encounter unlawful activities involving minors on other Websites than this one, please report them to ASACP.
- Privacy
All information we collect on this Website is subject to our Privacy Policy. By using this Website, you acknowledge that you have read and understand the terms of the Privacy Policy and that you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
- Terms of Sale
5.1 Fees. The Operator may charge fees for access to the Site or to purchase various content. Any fees will be posted prominently on the Site and in other appropriate locations on the Site. The per checkout service fee helps to cover transaction related fees, bandwidth, and customer support.
5.2. Memberships. Memberships are charged as a one time fee for the duration selected.. Subscriptions must be carried to term or abandoned if you no longer wish to use it. If you wish to lengthen your subscription then please renew it after it expires.
5.3. Pay per video. Purchased videos are located in your account's download area after purchase. It is your responsibility to download your purchased content to a private location on a secure device that is personally owned by you and not shared with anyone else, and in accordance with this agreement. We reserve the right to remove content from our website at any time without a notice. All sales are final.
5.4 Taxes. You are responsible for applicable federal, national, state, provincial, or local sales or use taxes, value-added taxes (VAT), or similar taxes or fees payable with your purchase. If you do not pay those taxes or fees on a transaction, you will be responsible for those taxes or fees if they are later found to be payable on that sale, and we may collect those taxes or other fees from you at any time. If we must collect or pay any taxes with your purchase, we will charge you those taxes at the time of each purchase transaction.
5.5 Returns and Refunds. We do not accept returns of any kind. Refunds or exchanges will not be issued for partially used Memberships or for tributes. All sales for all products and services are final.
We will only provide a refund under the rarest of circumstances such as a technical problem resulting in a duplicate order. Measures are in place to help prevent duplicate orders, however, they may still occur. If you believe you were charged in error you must notify us by opening a support ticket within 30 days after receiving the billing statement in which the error first appeared. If you do not notify us within this period, you waive any disputed charges. In some cases, you may need to include a detailed statement describing the nature and amount of the disputed charge(s). We will correct any mistakes in a bill by issuing a full refund for the duplicate order. How long it takes for a refund to reflect back to an account depends on how long it takes the banks to process it, and that is not within our control.
If you are unhappy about a purchase, please open a support ticket and describe why in detail for consideration of a one-time exchange at Operator's discretion.
5.6 Cardholder Disputes/Chargebacks. All chargebacks are thoroughly investigated and will result in: (1) Prohibiting access to your account (2) Prohibiting your access to our website (3) The card you used and any cards from your other purchases will all be blacklisted at our gateway to prevent future purchases with us.
- Billing
We accept payment through our payment processor via the payment methods identified on the Website at checkout. You must have a valid accepted form of payment to make a purchase. You must comply with any relevant terms or other legal agreement that governs your use of your chosen payment method. You authorize us to supply your payment card details to a third-party payment processor to process your payment. Prices may change at any time, and we do not offer price protection or refunds in case of a price reduction or promotional offering. Your payment card provider may charge you currency conversion fees. We do not control currency exchange rates or charges imposed by your payment card provider or bank. We are not responsible for paying any charges or fees imposed by your payment card provider or bank. It is your responsibility to check the price before making a purchase. We will charge your payment method for the price listed along with any additional amounts relating to service fees, bank fees, and currency fluctuations.
K-BROOKS is the soft descriptor that appears on Users credit card, bank statement, or phone bill for all applicable charges.
Billing may include other information on Users statement based on credit card association, telephone regulation, National Automated Clearinghouse Association (NACHA) and any other mandated rules and regulations.
Users will receive an email receipt to their email provided upon each purchase.
Users will receive an email in response to any of their customer support inquiries.
- Accessing the Website
We may withdraw or amend our Website and any service or content provided at our sole discretion without notice. We will not be liable if, for any reason, any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for making all arrangements necessary for you to access the Website and its content. We make no claims that the Website or its Materials are accessible or appropriate where you live. Access to the Website or its Materials may not be legal by certain persons or in certain countries. You are solely responsible for complying with all local laws governing accessing adult-oriented websites or adult-oriented materials when accessing this Website.
- Intellectual Property Rights
8.1 Ownership. The Company owns and operates the Website. All content, features, functionality, and other materials found on the Website, including all visual interfaces, graphics, information, software (including source code and object code), text, displays, images, photos, videos, and audio, and the design, selection, and arrangement of them (collectively, "Materials") are owned by the Company, its licensors, or other providers of those Materials. Copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws protect all Materials found on the Website.
8.2 License Grant. The Company hereby grants you a limited, non-sublicensable license (i.e., a personal and limited right) to access and use the Website and the Materials for your personal, noncommercial use only. You must not reproduce, distribute, resell, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Materials on the Website, except as follows:
(a) Your computer may temporarily store copies of the Materials in RAM incidentally to access and view those materials.
(b) You may store files that are automatically cached by your Web browser for display enhancement purposes.
(c) You may print or download one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication, or distribution.
(d) You may download (where enabled by the Website) or stream any audiovisual content to which you have properly gained access solely for your personal, noncommercial use and not for further reproduction, publication, or distribution.
8.3 License Restrictions
(a) You must not:
(i) Modify copies of any Materials from the Website.
(ii) Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
(iii) Delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Materials from the Website.
(b) You must not access or use any part of the Website or the Materials available through it for any commercial purposes unless we agree otherwise in writing.
(c) If you print, copy, modify, download, record, or otherwise use or provide any other person with access to any part of the Materials in breach of this agreement, your right to use the Website will end immediately, and you must, at our option, return or destroy any copies of the Materials you have made. No interest in or to the Website or any Materials on the Website is transferred to you, and we reserve all rights not expressly granted. Any use of the Website not expressly permitted by this agreement is a breach of this agreement and may violate copyright, trademark, and other laws.
8.4 Trademarks. The Company's name and logo; the terms �; the Website's logo; and all related names, domain names, logos, product and service names, designs, and slogans, as well as the Website's look and feel, including all page headers, custom graphics, button icons, and scripts are trademarks or trade dress of the Company, its affiliates, or licensors. You must not use those marks in connection with any product or service that is not ours, in any manner that is likely to confuse consumers, or in any way that disparages or discredits us, without first obtaining our prior written permission. Any use of these marks must be under any guidelines that we may provide you from time to time. All other service marks, trademarks, trade names, logos, product and service names, designs, and slogans on this Website are the marks of their respective owners. Reference on the Website to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply our endorsement, sponsorship, recommendation, or any other affiliation.
- Your Account
9.1 Account Creation. You must complete the registration process by providing the Operator with accurate information as prompted by the applicable registration form.
9.2 Responsibility for Account. You are responsible for maintaining the confidentiality of your password and account. Further, you are responsible for all activities that occur under your account. You will promptly notify the Operator of any unauthorized use of your account or any other breach of security.
9.3 Liability for Account Misuse. The Operator will not be liable for any loss that may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by the Operator or another person due to someone else using your account or password.
9.4 Use of Other Accounts. You will not use anyone else's account at any time. We prohibit account sharing. If we discover account sharing then the offenders will be permanently banned and blacklisted from our website and services.
9.5 Account Security. The Operator cares about the integrity and security of your personal information. But the Operator cannot guarantee that unauthorized persons will never be able to defeat the Site's security measures or use any personal information you provide to the Operator for improper purposes. You acknowledge that you provide your personal information to the Operator at your own risk. We advise using a strong password for your account. The key aspects of a strong password are length (the longer the better); a mix of letters (upper and lower case), numbers, symbols, and no single dictionary words or common phrases.
- Prohibited Uses
10.1 You may use the Website only for lawful purposes under this agreement. You must not use the Website:
(a) In any way that violates applicable federal, state, local, or international law or regulation (including laws about exporting data or software to and from the U.S. or other countries), or encourage or provide instructions to another to do so.
(b) To exploit, harm, or try to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise.
(d) To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
(e) To impersonate or try to impersonate us, a Company employee, another user, or any other person or entity (including by using email addresses or usernames associated with any of the preceding).
(f) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as we decide, may harm our Website's users or us or expose them or us to liability.
10.2 Additionally, you must not:
(a) Use the Website in any way that could disable, overburden, damage, or impair the Website or interfere with any other person's use of the Website, including their ability to engage in real-time activities through the Website.
(b) Use any robot, spider, or other automatic devices, processes, or means to access the Website for any purpose, including monitoring or copying any Materials.
(c) Use any manual process to monitor or copy any of the Materials or any other unauthorized purpose without our prior written consent.
(d) Use any device, software, or routine that interferes with the proper working of the Website.
(e) Introduce any viruses, invalid data, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
(f) Attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site.
(g) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
(h) bypass the measures the Operator may use to prevent or restrict access to the Site, including features that prevent or restrict use or copying of any content or enforce limitations on use of the service or the content in it.
(i) obtain or attempt to access or otherwise obtain any Content or information through any means not intentionally made available or provided for through this Website.
(j)exploit errors in design, features which are not documented, and/or bugs to gain access that would otherwise not be available.
(k) deploy programs, software, or applications designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including by engaging in any denial of service attack or similar conduct;
(l) conduct fraud, hide or attempt to hide your identity.
(m) use the Site for any commercial solicitation purposes.
(n) Otherwise attempt to interfere with the Website's proper working.
- Links
If this Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This Website may provide links to third-party websites that are not owned or controlled by the Operator. Inclusion of, linking to, or permitting the use or installation of any third-party website, applications, software, content, or advertising does not imply approval or endorsement thereof by the Operator. The Operator has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third parties. By accessing or using this Website, you agree to release the Operator from any and all liability arising from your use of any third-party website, content, service, or software accessed through this Website. Your communications or dealings with, or participation in promotions of, advertisers, or other third parties found through this Website, are solely between you and such third parties. You agree that the Operator shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with such advertisers, third parties, or as the result of their presence on this Website.
- Third-Party Content
Through the Website, you may have the ability to access or use content provided by third parties. The Operator cannot guarantee that this third-party content will be free of material you may find objectionable or otherwise. The Operator will not be liable for your access or use of any third-party content.
- Disclaimers
The Website is provided "as is," without any warranties of any kind. To the fullest extent permissible under applicable law, the Operator disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, noninfringement, accuracy, freedom from errors, suitability of content, or availability. No advice or information, whether oral or written, obtained from the Operator, the Website, or elsewhere will create any warranty not expressly stated in this agreement.
- Supplementary Terms and Conditions
The Website may have additional terms and conditions that are an integral part of their offering to the User and are in addition to these Terms. Such Terms as listed on this Website will in no way invalidate any of the Terms listed here. - Limitation of Liability
To the fullest extent permitted by applicable law in no event will the Operator be liable for:
15.1 any direct, special, indirect, or consequential damages; or 15.2 any other damages of any kind, including loss of use, loss of profits or loss of data, whether in an action in contract, tort (including negligence), or otherwise, arising out of or in any way connected with the use of or inability to use the Website, including any damages caused by or resulting from reliance by user on any information obtained from the Website, or that results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance.
- Indemnification
You will defend, indemnify, and hold harmless the Operator, its subsidiaries, and affiliated companies, and their officers, directors, employees, contractors, and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys' fees and costs) and all amounts paid in settlement arising from or relating to use of the Website. The Operator may assume the exclusive defense and control of any matter for which users have agreed to indemnify the Operator and you will assist and cooperate with the Operator in the defense or settlement of these matters.
- Arbitration and Waiver of Certain Rights
17.1 Claim Procedure. For any dispute you have with the Operator, you will first contact the Operator and attempt to resolve the dispute informally. If the Operator has not been able to resolve the dispute with you informally, the parties will resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to this agreement by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules then in effect for the AAA, except as provided in this agreement.
17.2 Arbitration Location. Unless you and the Operator agree otherwise, the arbitration will be conducted in Los Angeles, CA, United States.
17.3 Arbitration Fees. Each party will be responsible for paying any AAA filing, administrative, and arbitrator fees in accordance with AAA rules.
17.4 Arbitration Award. The award rendered by the arbitrator will include costs of arbitration, reasonable attorneys' fees, and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
17.5 Injunctive Relief. Nothing in this section will prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the service.
17.6 Class Action Waiver. All claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless the Operator agrees otherwise, the arbitrator will not consolidate more than one person's claims.
17.7 Jury Trial Waiver. By entering into this agreement, you and the Operator are each waiving the right to a trial by jury or to participate in a class action.
- Governing Law
These Terms and Conditions and all matters arising out of or otherwise relating to these Terms and Conditions shall be governed by the laws of the State of California. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms and Conditions. The parties hereby submit to the personal jurisdiction of the state and federal courts of the State of California. Exclusive venue for any litigation or arbitration permitted under this Agreement shall be with the state and federal courts located in Los Angeles, California.
- General
19.1 Entire Agreement. This agreement constitutes the entire agreement between you and us about your use of the Website and supersedes all earlier or contemporaneous agreements between you and us about the Website. Any additional terms on the Website will govern the items to which they pertain.
19.2 Assignment and Delegation. We may assign our rights or delegate any performance under this agreement without your consent. You must not assign your rights or delegate your performance under this agreement without our prior written consent. Any attempted assignment of rights or delegation of performance in breach of this section 25.2 is void.
19.3 Waiver. If we fail to exercise or enforce any right or provision of this agreement, it will not constitute a waiver of that right or provision. Any waiver of any provision of this agreement will be effective only if in writing and signed by the relevant party.
19.4 Severability. If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
19.5 Notices. (a) Notice to Us. You may give notice to us by email at [email protected] unless the Website specifies a different email address for giving notice. We may change our contact information on one or more occasions by posting the change on the Website. Please check the Website for the most current information for notifying us.
(b) Notice to You�--Electronic Notice. You consent to receive any notice from us in electronic form either (1) by email to the last known email address we have for you or (2) by posting the notice on a place on the Website chosen for this purpose. You state that any email address you gave us for contacting you is a current and valid email address for receiving notice.
19.6 Force Majeure. We are not responsible for any failure to perform if unforeseen circumstances or causes beyond our reasonable control delays or continues to delay our performance, including (a) acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; (b) war, riot, arson, embargoes, acts of civil or military authority, or terrorism; (c) fiber cuts; (d) strikes or shortages in transportation, facilities, fuel, energy, labor, or materials; (e) failure of the telecommunications or information services infrastructure; and (f) hacking, SPAM, or any failure of a computer, server, network, or software.
19.7 No Third-Party Beneficiaries. This agreement does not confer any rights or remedies on any person other than the parties to this agreement.
19.8 Relationship of the Parties. This agreement does not, and the parties do not intend it to, create a partnership, joint venture, agency, franchise, or employment relationship. The parties expressly disclaim the existence of any of these relationships.
19.9 Electronic Communications Not Private. We do not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to or from us as open communications readily accessible to the public. You should not use the Website to send or receive messages you only intend the sender and named recipients to read. Users or operators of the Website may read all messages you send to or through the Website regardless of whether they are the intended recipients.
19.10 Electronic Signatures. Any affirmation, assent, or agreement you send through the Website will bind you. When you click on an "I agree," "I consent," or other similarly worded "button" or entry field with your mouse, keystroke, or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
19.11 Unsolicited Idea Submission Policy. We do not accept or consider unsolicited ideas, suggestions, proposals, comments, or materials, including new or improved products, services or technologies, product or service enhancements, processes, advertising campaigns, promotions, marketing plans, or new product or service names (collectively, "Submissions"). Please do not send any Submissions in any form to us. The sole purpose of this policy is to avoid potential misunderstandings or disputes when our products, services, marketing, or other projects might seem similar to any Submissions made to us. If you still submit your ideas to us despite our policy, the following terms will apply to your Submissions, regardless of what your communication states. You acknowledge that: (1) we will consider the Submissions to be nonconfidential and nonproprietary; (2) we may use, copy, redistribute, and disclose the Submissions for any purpose in any way, without compensation to you or any other person or party; and (3) we will have no obligations for the Submissions, including no obligation to review the Submissions, return any materials, or acknowledge receipt of the Submissions. If you do not agree to these terms, please do not send us any Submissions.
19.12 Feedback. While we cannot accept unsolicited ideas, we always welcome feedback on our existing business. If you want to send us your feedback, please only provide specific feedback on our current business and do not include ideas that the policy stated in section 19.11 prohibits. Any feedback you provide is considered nonconfidential and nonproprietary. We will be free to use that information on an unrestricted basis with no compensation to you or any other person or party.
19.13 Customs. By ordering a custom script from us, you agree to provide us with an original idea that you have not shared or sold to anyone else. You also agree to transfer all the rights and ownership of the content that we create based on your idea to us. We reserve the right to publish, sell, or use the custom script and the final product in any way we want, without paying you or anyone else any royalties or fees. You will not have any claim or control over the content that we produce for you. If you violate this agreement, you will be liable for any damages or losses that we may suffer as a result.
19.14 Complaint Policy. If you have a complaint about the Website (including any complaint about content appearing on the Website), please send your complaint to [email protected], including your name, address, contact details, a description of your complaint, and, if your complaint relates to content, the URL for the content to which your complaint relates. After receiving your complaint, (a) we will take those steps as we consider to be appropriate to investigate your complaint within a timeframe that is appropriate to the nature of your complaint; (b) if we require further information or documents from you, we will let you know; and (c) we will in good faith take those actions as we consider appropriate to deal with the issue that your complaint has raised. We are not required to inform you of the outcome of your complaint. You state that you will not make any complaint under this section 25.14 that is wholly unjustified, abusive, or made in bad faith. If we determine that you have breached this warranty, we may suspend or terminate your account.
19.15 Survival. On termination of this agreement, any provision that, by its nature or express terms, should survive will survive the termination of this agreement.
19.16 English Language. We drafted this agreement in the English language. No translation into any other language will be used to interpret or construe this agreement. All services, support, notices, designations, specifications, and communications will be provided in English.
- Termination
20.1 Termination on Notice. Either party may terminate this agreement at any time by notifying the other party in writing.
20.2 Termination by the Operator. The Operator may terminate or suspend your access to or ability to use the Website immediately, without notice or liability, for any reason or no reason, including breach of this agreement.
20.3 Effect of Termination. On termination of your access to or ability to use the Website, your right to use or access the Website will immediately end. Termination of your access to and use of the Website will not relieve you of any obligations arising or accruing before termination or limit any liability you otherwise may have to the Operator or any third party.
Privacy Policy
Last Updated: April 16th, 2024
We respect your privacy and are committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our websites (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.
- Background and Contact Information
This privacy policy aims to give you information on how we collect and process your personal data through your use of the website, including any data you may provide through the website when you sign up or buy a product or service.
It is important that you read this privacy policy and any other policies we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.
Contact
You may contact us in relation to this privacy policy at [email protected] We would appreciate the opportunity to answer your questions and address your concerns.
Children's Privacy
Our website and services are intended only for those over the age of 18 or the legal age of majority in the applicable jurisdiction, if higher, and we do not knowingly collect any data relating to anyone under that age.
Third-party links
Our website may include links to third-party websites, plug-ins, and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.
- The Data We Collect About You
Personal data, or personal information, means any information about an individual from which that person can be identified or that can be used in conjunction with other information to identify said person. It does not include data where the identity has been removed (pseudonymized data).
Depending on whether you are a Customer or Producer we may collect, use, store, share, disclose and transfer different kinds of personal data about you which we have grouped together as follows:
- Identity Data includes first name, last name, username or similar identifier, stage name (Producers only), government-issued photographic identification (Producers only - NOT stored on server), date of birth (Producers only - NOT stored on server), social security number (U.S. Producers only - NOT stored on server).
- Contact Data includes email address, billing name and address (customers only), mailing address (Producers only - NOT stored on server), telephone number (Producers only - NOT stored on server).
- Financial Data For customers, we store only very limited, if any, Financial Data. Otherwise, all Financial Data is stored by our payment processor, which is NetBilling, and you are encouraged to review their privacy policy and contact them directly for responses to your questions. For Producers all payout arrangement information is stored privately and NOT on the server.
- Transaction Data includes details about payments to and from you and other details of products and services you have bought from us or any Producer.
- Technical Data includes internet and network activity including Internet protocol (IP) address, cookie ID, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the website.
- Geolocation we collect IP Address information for general geolocation as described in the Technical Data.
- Content Data includes photos, videos, or other digital content submitted to us (such as fan art) or uploaded to our server/website (producers). Please remember that Content Data that you submit or upload may reveal personal data about yourself as well as of other people, and if it does, you are responsible for making sure that they have consented.
- Profile includes your email and password, birthday month only (if desired for birthday month reward), billing address (if desired for faster future checkout), purchases or orders made by you, your interests and preferences (based on previous orders), feedback, comments, survey responses. Some of the information you choose to provide us may be considered "special" or "sensitive" in certain jurisdictions. By choosing to provide special or sensitive information, you consent to our processing of that information.
- Usage Data includes information about how you use our website, products, services.
- Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.
- Commercial Information includes information pertaining to purchases and marketing.
- Audio, Visual or Sensory Data collected from the content that you upload (Producers only), as well as certain fan art contributions (such as collages that include yourself, music with your voice)
- Inferences include information derived from other data about an individual, and we may use inferences about you to help develop and target our content and improve our services.
- Special Categories/Demographics/Protected Classifications/Sensitive Information ("Special Categories") including information about the categories and specific content that you view, which could include information about your sex life and sexual orientation, as well as certain sensitive Identity Data, as provided above.
We also collect, use, and share Aggregated and De-Identified Data such as statistical or demographic data for any purpose. Aggregated and De-Identified Data could be derived from your personal data but is not considered personal data by law as this data will not directly or indirectly reveal your identity or be specifically associated with you. For example, we may aggregate your Usage Data to calculate the number or percentage of users accessing a specific website feature generally or at specific times. However, if we combine or connect Aggregated and De-Identified Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.
If you are a customer, we do not directly collect any Special Categories of Personal Data about you (this include details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data); however, your choices of content may reveal or constitute Special Categories of personal data, and by viewing the content, you are consenting to the processing of that information as provided in this Privacy Policy. We do collect Special Categories of Personal Data about you if you are a Producer, specifically details about your race or ethnicity, and sexual orientation and regarding your identity as provided in Identity Data above. We do not collect any information about criminal convictions and offenses.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.
- How is your personal data collected?
We use different methods to collect data from and about you, including through:
- Direct interactions. You may give us your Identity, Contact, Financial or, when applicable, other Special Categories of Personal Data by filling in forms or by corresponding with us by phone, email, or otherwise. This includes personal data you provide when you:
- buy our products or services;
- create an account on our website;
- subscribe to our service;
- request marketing to be sent to you;
- enter a competition, promotion, or survey; or
- give us feedback or contact us.
- User Contributions. You also may provide Content Data for us to publish or display ("post") on public website areas or transmit to other website users or third parties. You submit Content Data for posting and transmission to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Therefore, we cannot and do not guarantee that unauthorized persons will not view your Content Data.
- Automated technologies or interactions. As you interact with our website, we will automatically collect Technical and Usage Data about your equipment, browsing actions, and patterns. We collect this personal data by using cookies, server logs, and other similar technologies. We may also receive Technical and Usage Data about you if you visit other websites employing our cookies.
- Third parties or publicly available sources. We will receive personal data about you from various third parties as set out below, who may be based outside the EEA:
o Technical Data from the following parties:
?analytics providers such as Google;
?third-party payment processors.
?advertising networks and service providers; and
?search information providers such as Google.
o Contact, Financial, and Transaction Data from providers of technical, payment, and delivery services based outside the EU. We will not store or collect your payment card details on our systems. That information is provided directly to our third-party payment processors whose use of your personal data is governed by their privacy policies.
- How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where you have given consent for us to use your Special Category data to provide certain services. Depending on the jurisdiction in which you reside or are located, you may withdraw your consent for some uses of the Special Category data by contacting us.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal obligation.
Generally, we do not rely on consent as a legal basis for processing your personal data although, where appropriate, we will get your consent before directly collecting Sensitive Category data. Depending on the jurisdiction in which you are located or reside, you may have the right to withdraw consent to processing your sensitive personal data or to marketing at any time by contacting us, but that may limit our ability to perform our agreement with you or to provide certain services (e.g. remembering your content preferences, choices, or allowing your access to re-download any previously purchased content that is still available).
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal grounds we are relying on to process your personal data where more than one ground has been set out in the table below.
Purpose/Activity | Type of data | Lawful basis for processing including basis of legitimate interest |
To register you as a new customer | (a) Identity (b) Contact (c) Technical (d) (e) (f) | Performance of a contract with you |
To register you as a new Producer; | (a) Identity (b) Contact (c) Financial (d) (e) (f) (g) (h) | (a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to verify age and identity) (d) With your consent in the case of Special Categories |
To review your uploaded content before publication to ensure that the content is not illegal and does not otherwise violate our contract with you | (a) | (a) Performance of a contract with you (b) Necessary to comply with a legal obligation |
To process and manage your account including: (a) Maintaining a profile and providing information about yourself (b) Collect and pay money owed to you | (a) Financial (b) Transaction (c) Content (d) (e) Marketing and Communications | (a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) With your consent in the case of sensitive personal data |
To process and provide the products and services you request including: (a) Making available the content you request (b) Manage payments, fees, and charges (c) Collect and recover money owed to us (d) Communicate with you about your account (e) Providing support services you request from us (f) Provide support for requests you make | (a) Identity (b) Contact (c) Financial (d) Transaction (e) (f) (g) (h) (i) (j) (k) (l) (m) | (a) Performance of a contract with you (b) Necessary for our legitimate interests (to keep our records updated or to recover debts due to us) |
To enable you to participate in our website�s interactive, social media, or other similar features | (a) Identity (b) Technical (c) Content (d) Profile (e) Usage (f) Marketing and Communications | (a) Performance of a contract with you (b) Necessary for our legitimate interests (to provide you products and services that you have requested) |
To administer and protect our business and this website (including security, fraud, troubleshooting/technical support, data analysis, testing, system maintenance, support, reporting, and hosting of data) | (a) Identity (b) Contact (c) Technical | (a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud, and in the context of a business reorganization or group restructuring exercise, customer support that is not phone support) (b) Necessary to comply with a legal obligation |
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you | (a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical (g) (h) | Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business, and to inform our marketing strategy) |
To use data analytics to improve our website, products/services, marketing, customer relationships, and experiences | (a) Technical (b) Usage (c) Transaction (d) (h) | Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business, and to inform our marketing strategy) |
To make suggestions and recommendations to you about goods or services that may be of interest to you | (a) Identity (b) Contact (c) Technical (d) Usage (e) Profile (f) Marketing and Communications | Necessary for our legitimate interests (to develop our products/services and grow our business) |
To help law enforcement and respond to subpoenas | (a) Identity (b) Contact (c) Financial (d) Transaction (e) Technical (f) Content (g) Profile (h) Usage | Necessary to comply with a legal obligation |
Marketing
You will receive marketing communications from us if you have directly requested information from us, such as by: opening a support ticket or emailing us about our products, services, recommendations, etc.
We do NOT participate in unsolicited marketing communications
Your mailing address is only used for card verification at checkout
We will never send anything to your mailing address after purchasing a digital download.
Physical Item Purchases
If you purchase a physical item from us we require you to verify your mailing address by support ticket or email to us before shipping the item to you. Packages are from "K.B." in discreet/plain packaging. Additionally, we only mail within the US where content descriptions are not required or used by us. We reserve the right to cancel and refund an order if the item is out of stock or if we think the transaction is questionable.
Emails
Users will receive an email receipt to their email provided upon each purchase, as also set forth in our Terms of Service.
Users will receive an email in response to each of their support inquiries, and any other email related inquiries that we respond to as well. (We do not respond to all emails, such as general fanmail, as also stated in our FAQ)
Please check our site if you wish to see our updates and new content releases, as we do NOT email out a newsletter.
Promotional Offers
Promotional offers are subject to change at any time and may end sooner than the time listed with no exceptions. Promotional offers and their details are listed at the site during the event.
Cookies
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of the website may become inaccessible or not function properly.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
- Disclosures of your personal data
We may share your personal data with the parties set out below for the purposes stated in the table "Purposes for which we will use your personal data" above:
- Vendors, Consultants, and Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors, or agents acting as processors based in the United States of America who perform services for us or on our behalf and require access to that information to do that work. Examples include payment processing, data analysis, email delivery, hosting services, customer service, marketing efforts, age and identity verification, and IT and system administration services. We may allow selected third parties to use tracking technology on the website, which will enable them to collect data about how you interact with the website over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. For example, we use Google Analytics to help us understand how our customers use the website (you can read more about how Google uses your personal data here: https://policies.google.com/). You can also opt out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
- For Compliance with Laws. We may disclose your information where we are legally required to do so to comply with applicable law, government requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
- In Connection with Vital Interests and Legal Rights. We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
- Parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.
We do not authorize our service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
We do NOT sell, trade, or exchange personal data with third parties.
- California Rights and Choices
The California Consumer Privacy Act ("CCPA") provides you certain rights in relation to your Personal Information if you're a California resident:
- Right to Know: You have the right to request that we disclose certain information about our collection of your Personal Information over the past 12 months, including the specific pieces of information we collected.
TIP: Log in to your account to access, review, and change your customer information.
- Right to Request Deletion: You have the right to request that we delete any of your Personal Information we collected from you and retained, subject to certain exceptions set forth in the CCPA.
TIP: You may do so yourself by logging in and permanently deleting your account with us at any time (If your account is not in good standing then you must contact us). IMPORTANT NOTE: Deleting your account is irreversible and you will lose access to downloading any previously purchased content. You may still need to contact us if you have posted any comments at the site that you wish for us to delete.
- Right to Non-Discrimination for the Exercise of Your Rights: We will not discriminate against you, nor will we retaliate against you because you have exercised any of your rights under the CCPA.
To exercise the rights described above, please open a support ticket with "CCPA Request" as the title and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
Time to Respond and Reasons for Not Complying
We try to respond to all legitimate and verified requests within one month or forty-five (45) days, depending on the requirements of your jurisdiction. Occasionally it could take us longer than that period if your request is particularly complex or you have made a number of requests. In that case, we will notify you of the delay and anticipated response time.
The response we provide will also explain the reasons we cannot comply with a request, if applicable.
No fee is usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive; alternatively, we could refuse to comply with your request in these circumstances.
Do Not Track and Opt-Out Preference Signal, Global Privacy Control and Do Not Track
Some browsers and extensions support an opt-out control called the Global Privacy Control ("GPC") that can send a signal that indicates that you opt-out from certain types of data processing, including sales and sharing (as defined under California Law). In certain jurisdictions, when we detect a GPC signal, we will make reasonable efforts to recognize GPC opt-out settings, as required by applicable law.
There are also other opt-out signals and "Do Not Track" (DNT) settings that can send a signal to the websites you visit indicating you do not wish to be tracked. Unlike the GPC described above, there are multiple different other signals and settings, and there is no standard process to interpret those signals, and, therefore, our services generally do not respond or recognize those other signals. For more information, visit www.allaboutdnt.com.
- International transfers
We are based in the United States of America, and process the personal data in the United States of America. By using the website you acknowledge and agree that may process, store, and transfer the personal data we collect in and to a country outside your own, with different privacy laws that may or may not be as similar to or as comprehensive as your own. Where we do so, and where we are required to under applicable law, we will put in place appropriate mechanisms designed to ensure that your personal data receives an adequate level of protection where it is processed.
If you are located in the European Economic Area (EEA) or the United Kingdom (UK), your personal data will be processed outside of the EEA or UK, including in the United States, so processing of your personal data will involve a transfer of data outside the EEA or UK. Nevertheless, whenever we transfer your personal data out of the EEA or UK, we will use reasonable efforts to ensure that adequate protection is afforded to it by ensuring that the recipient third party agrees to contractual clauses or other appropriate safeguards.
Residents of Canada are notified that the personal data they provide to us is stored in its databases outside of Canada, including in the United States, and may be subject to disclosure to authorized law enforcement or government agencies in response to lawful demand under the laws of that country.
- Data security
We have put in place reasonable security measures intended to prevent your personal data from being accidentally lost, used, or accessed in an unauthorized way, altered, or disclosed. In addition, other than information that you include with your profile (customer) or content (producer), we limit access to your personal data to those employees, agents, contractors, and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
- Data retention
How long will you use my personal data?
We will only retain your personal data for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you or where the applicable personal data could be relevant or required.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting, or other requirements.
- Accessing, Reviewing, Correcting, or Deleting Your Personal Data
Store Account
You can access, review, change, or delete your store profile data by logging into the website and visiting your account profile page. If you choose to delete your store account then please note that it is irreversible and you do so at your own risk. We are not able to restore a deleted account, so you will permanently lose access to downloading any previous purchases made with that account. If you wish to download a previous purchase again you will have to create a new account and purchase it again.
By law we have to keep basic information about certain customers (including Contact, Identity, Financial, and Transaction Data) for seven years after they stop being customers for tax purposes or other potentially-longer periods to comply with applicable law, including 18 U.S.C. � 2257. Deleting your account won't affect the data that we are legally required to keep.
Blog Comments
If you wish for your blog comments to be deleted then please email us from the email address associated with the comment we will happily delete your comments. [email protected]
Fan Art
If you wish to delete your fan art from the website then please email your request to [email protected]. We will need to verify that you were the original artist of the fan art. Note that copies of your fan art may remain viewable in cached and archived pages or might have been copied or stored by other website users.
Producer Content
If you wish to deactivate and/or delete your products from the website then please get in touch through a previously used method of communication between us. Note that products and/or ads to your products may remain viewable in cached and archived pages or might have been copied or stored by other website users.
- Glossary
Lawful Basis
- Consent means processing your personal data where you have signified your agreement by a statement or clear opt-in to processing for a specific purpose. Consent will only be valid if it is a freely given, specific, informed, and unambiguous indication of what you want. You can withdraw your consent at any time by contacting us.
- Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
- Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
- Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
- Changes to this Privacy Policy
We regularly review and may occasionally update this Privacy Policy to reflect change in applicable law and/or changes in our practices with respect to the collection, use, disclosure and other processing of your personal data.
The "Last Updated" date at the top of this Privacy Policy indicates when it was last revised. When we make changes, we will revise the "Last Updated" date and in the case of material changes, we may provide you with additional notice (such as a notice posted on the website or a message delivered to the email address that we have on file for you).
We encourage you to review this Privacy Policy regularly to remain informed about how we handle your personal data.
18 U.S.C. 2257 RECORD-KEEPING REQUIREMENTS COMPLIANCE STATEMENT
All models, actors, actresses and other persons that appear in any visual depiction of actual sexually explicit conduct appearing or otherwise contained in this website were over the age of eighteen years at the time of the creation of such depictions. With respect to all visual depictions displayed on this website, whether of actual sexually explicit conduct, simulated sexual content or otherwise, all persons in said visual depictions were at least 18 years of age when said visual depictions were created.
This Website abides by the following strict compliance procedures regarding Content:
All Producers must be over eighteen (18) years of age (or age required by their State, jurisdiction or Country if more than 18 years old) and are personally identified and verified prior to being able to sell content through our Website.
We ensure that all Producers provide evidence or certify that:
- All individuals appearing in the content are over the age of 18 years old (or minimum age required to appear in such content by their State, jurisdiction or Country if more than 18 years old); That they freely consented to appear in the content at the time of its production and agreed to its upload.
- The Producer certifies being compliant with record keeping requirements under U.S.C. � 2257 for all content published at GiantessKatelyn.com, and agrees to deliver such documentation promptly upon request.
- All content is in compliance with our Terms of Service and any of its related policies.
The material and records required to comply with the Record keeping requirements pursuant to 18 U.S.C. �2257, 2257A and/or 28 C.F.R. 75 are held by the custodian of records, which is listed below, organized by Producer.
Katelyn Brooks: [email protected]
Giantess Productions: [email protected]
Isabelle Shy: [email protected]