Fill in the form below and send a zipped folder of screen shots or a .doc, .png or .pdf with your sext transcripts. Or email me for manual submission.
Don’t worry, your name won’t be used in the film. Please read and agree the terms and conditions for full details.
Terms of Service :
TERMS AND CONDITIONS OF USE AGREEMENT
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
By using Sendmeyoursexts.com (the “Web Site” or “SMYS”), you are deemed to have agreed to these Terms and Conditions of Use (“the Terms and Conditions” or “Agreement”).
SMYS (“we”, “our” or “us”) may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on the Web Site. By using this site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions of use, your only recourse is to immediately discontinue the use of this site.
Please read the Terms and Conditions carefully before using the Site and the services, features, content or applications offered by SMYS (the “Services”). The Terms and Conditions set forth the legally binding terms and conditions for your use of the Site and the Services.
ALL OF THE TEXT MESSAGES, POSTS AND ANY OTHER MEDIA/TEXT HEREIN, UNLESS OTHERWISE NOTED, ARE COPYRIGHTED. NO PART OF THIS SITE, OR ANY OF THE CONTENT CONTAINED HEREIN, MAY BE USED OR REPRODUCED IN ANY MANNER WHATSOEVER WITHOUT EXPRESSED PERMISSION OF THE COPYRIGHT HOLDER.
- You will submit your sext to SMYS and SMYS will create a video based on your sext. SMYS may change the names, ages, gender and race of the people depicted in the video according to their creative vision.
- Once you have submitted your sext to SMYS, you no longer have any copyright over that sext. SMYS retains all copyright over the sexts submitted and the videos produced based on that sext.
- SMYS shall not use real first names unless the user specifically allows SMYS to use their first name. In that case, SMYS shall use the real first name of the user but shall not use the first name of the other person with whom the user was communicating during that specific text message correspondence.
- You shouldn’t post any content that is illegal or malicious.
- Any videos created from the sext submitted shall be made public. SMYS retains the right to use these videos in promotions, sponsorships, advertisements, without notice to you and you will not receive any benefit from this use.
These Terms and Conditions apply to all users of the Services, including, without limitation, users who are contributors to content, information, and other materials or services, registered or otherwise.
You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that this Terms and Conditions is in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where this Terms and Conditions or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
3. Rules of Conduct
As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms and Conditions. You are responsible for all of your activity in connection with the Services.
Without limitation, you agree to not use the Web Site or Services to:
- 1. Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- 2. Harm minors in any way;
- 3. Include anyone’s identification documents or sensitive financial information;
- 4. Impersonate any person or entity, including any of our employees or representatives;
- 5. Infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- 6. Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- 7. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Web Site;
- 8. Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, ‘junk mail,’ ‘Spam,’ ‘chain letters,’ ‘pyramid schemes,’ or any other form of solicitation;
- 9. Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information; or
- 10. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service
4. Use of Information
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this Terms and Conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
- a. For purposes of this Terms and Conditions, the term “Content” includes, without limitation, information, data, text, sexts, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
- b. Sexts. Text messages with sexual content (“sexts”).
- c. Videos. SMYS will take text messages (sexts) submitted by Users and will turn these text messages into short 1-6 minute videos.
- d. User Content. All content added, created, uploaded, submitted, distributed, or posted to the Services by users.
6. Notices and Restrictions
The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
7. User Content.
All User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content.
- 1. SMYS retains the power to edit, change, alter or otherwise modify the text messages which are submitted to the Site so as to create a better video product.
- 2. Names and other identifiers within the text messages shall not be used, except with express permission from the User submitting the text message to our Site. The User may only give permission to use their first name and not the name of the third party with whom they were communicating with (i.e. the person responding to their text message).
- 3. SMYS shall take all user-submitted content and shall review it for appropriateness. Not all user-submitted text messages shall be turned into videos. SMYS retains the right to reject user-submitted content when they deem it appropriate to do so.
- 4. In the videos which are posted to the Site by SMYS, the names, ages, gender and race of the persons depicted may be changed, altered or otherwise modified as required. SMYS retains the power to make these creative decisions without prior notice to you.
8. License Grant
By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. For the sake of clarity, the foregoing license grant includes our right to distribute, display, perform and otherwise use the User Content in connection with material provided by our sponsors, and you shall not be entitled to any remuneration for such use.
SMYS reserves the right to refuse to create a video based on sexts when it is deemed to be inappropriate. The User shall receive a refund of the moneys paid should happen.
10. Availability of Content
We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit, modify or otherwise manipulate any Content in our sole discretion, at any time, without notice to you and for any reason or for no reason at all and (ii) to remove or block any Content from the Services.
You acknowledge and agree that SMYS may, but is in no event obligated to, preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of SMYS, its users or the public.
Any or all Content on the Web Site may be purged from time to time in SMYS’s sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by SMYS or submitted to SMYS, including Content. You further acknowledge and agree that the views expressed on the Web Site do not necessarily reflect the views of SMYS, and SMYS does not support or endorse Content (including any Contribution, whether or not edited by SMYS or its designee or presented on the Web Site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.
11. Use of Content
You understand that the technical processing and transmission of the Web Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. SMYS assumes no responsibility for the deletion or failure to store postings, contributions or other information submitted by you or other users to the Web Site.
The content on this Web Site is intended for entertainment purposes only. Except as expressly permitted, you agree not to use the Web Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Web Site. Only if you obtain prior written consent from us — and from all other entities with an interest in the relevant intellectual property — may you publish, display or commercially exploit any material from the Web Site.
12. Parental Permission
This Web Site is not intended to be a children’s site, therefore, some of the available information may concern certain topics that may not be appropriate for children. SMYS may, at its discretion, require users under the age of 18 to obtain the consent or a parent or guardian to view certain content, and SMYS may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
13. Intellectual Property Rights
All materials contained in this Web Site are the copyrighted property of SMYS and its affiliates or licensors. As between SMYS and you, SMYS is the sole owner of all content on the Web Site, including without limitation, all applicable Canadian and non-Canadian copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Web Site or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Web Site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens.
14. Warranty Disclaimer
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; or how you may interpret or use the Content.
You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of this Agreement, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
16. Limitation of Liability
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES: (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; (III) OR THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (IV) THE RESAULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELEY AT YOUR OWN RISK.
17. Release from Liability
You release, to the fullest extent permitted by law, SYMS, its directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors from responsibility, liability, claims, demands, and/or damages (actual or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following: i) Disputes concerning any use of or action taken using your sexts by you or a third party; ii) Claims relating to the unauthorized access to any data communications or Content stored under or relating to your account, including unauthorized use or alterations of such communications or your Content; and iii) any other claims arising out of your user-submitted sexts, whether by you or a third party.
18. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of British Columbia, including its conflicts of law rules, and Canada. You agree that any dispute arising from or relating to the subject matter of this Agreement shall be governed by the exclusive jurisdiction and venue of the Provincial and Supreme Courts of British Columbia, Canada.
19. Provisions unenforceable or invalid
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. SMYS may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this Agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
21. Force Majeure
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
No agency, partnership, joint venture, or employment relationship is created as a result of this Terms and Conditions Agreement and neither party has any authority of any kind to bind the other in any respect.
23. No Waiver
Our failure to enforce any part of this Agreement shall not constitute a waiver of our right to later enforce that or any other part of this Agreement. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with this Agreement to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
24. Entire Agreement and Severability
This Agreement is the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of this Agreement is found unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
The section and paragraph headings in this Agreement are for convenience only and shall not affect their interpretation.
26. Effective Date
This statement of the Agreement is effective November 29, 2013 and as updated by us from time to time.