The operators of this Website are EXEMPT from the record-keeping requirements of 18 U.S.C. 2257 and 28 C.F.R. Part 75 because none of the visual depictions contained in this Website involve or portray depictions of any person engaged in actual sexually explicit conduct as that term is defined in 18 U.S.C. 2256 (2) (A) through (D). The operators of this Website are also EXEMPT from the record-keeping requirements of 18 U.S.C. 2257 and 28 C.F.R. Part 75 because they are neither primary nor secondary producers as those terms are defined under those sections.
All of the actors, actresses, models or other persons that appear in any visual depiction contained in this website were over the age of eighteen (18) years of age at the time that the visual image was created.
Terms of Service and Use Agreement
The following are terms and act as a legal agreement (“Agreement”) between you (“Member” or “User”) and Lightning Volt LLC (“Company”). By accessing, browsing and/or otherwise using this website, Volttage.com, (“Site”), you acknowledge that you have read, understood and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations.
If you do not agree to all of these terms and conditions, you may not access, browse and/or use this Site. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties.
These terms of access apply to your access to and use of this Site and do not alter in any way the terms and conditions of any other agreement you may have with the Company for products, software, services or otherwise, unless otherwise directed by the Company. If you breach any of these terms and conditions, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of any hyperlinks to this Site.
In addition to these Terms of Service, we also provide members of the Site with “Community Guidelines” which are designed to assist them with common sense standards of conduct for any online community.
Restricted to Adults
Permission is granted only to persons who are 21 years old or older who desire to enter the Site for their personal information or entertainment and who are not accessing this Site from any country, state, province, or location where adult material is specifically prohibited by law.
If we discover or have any reason to suspect that you are not over 21 years of age, then we reserve our right to suspend or terminate your membership to this Site immediately and without notice.
Internet Dating Safety Disclosure
WE ARE REQUIRED TO NOTIFY YOU THAT WE DO NOT CONDUCT CRIMINAL BACKGOUND CHECKS ON ANY USER, MEMBER OR PROSPECTIVE MEMBER.
The Company values its privacy and the privacy of all of its users and members. We recognize that online dating can be entertaining, but it also carries some risk. As the Company develops the Site, and introduces new features, we may update our policies and post statements to keep members up to date.
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our Site, register on the Site, place an order, subscribe to the email notificataions, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, phone number, or credit card information. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, but it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about User’s means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies
How we use collected information
Lightning Volt LLC may collect and use Users personal information for the following purposes:
- To improve customer service. Information you provide helps us respond to your customer service requests and support needs more efficiently.
- To personalize user experience. We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
- To improve our Site. We may use feedback you provide to improve our products and services.
- To process payments. We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
- To run a promotion, contest, or survey. To send Users information they agreed to receive about topics we think will be of interest to them.
- To send periodic emails. We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include Company news, updates, related product or service information, etc.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sharing your personal information
We do not sell, trade, or lease your personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers.
It may be necessary to share information with law enforcement authorities or legal counsel in order investigate situations involving violations of the Terms of Service, illegal activity, possible fraud, or threats to the safety to our members or employees, or as required by law. The circumstances include:
- Response to court orders, subpoenas, warrants, or other legal process.
- To exercise our legal rights to defend against demands or claims.
- During the course of an investigation regarding the abuse of our technical infrastructure, or attempts to breach the Site’s security.
Third party websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.
False representation of members
If we have reason to believe a member of this Site has registered as someone other than himself or herself, we may cooperate with any law enforcement investigation that may result from such misrepresentations and shall have the right, at our sole discretion, to disclose any information you provided to us in connection with such registration.
Sharing of information with other members
You should be cautious about releasing personal and private information to other parties or members of the Site. We are not responsible for, and cannot control, the use by others of any information. We do not assume any responsibility for the content of messages sent between users of the Site. You release us from any liability in connection with communications you may receive from other users. We assume no responsibility for verifying the accuracy of any information provided by users of the Site.
We will not share your information with other members. We will not share information about other members with you. This includes any administrative actions Volttage may take with regard to another member's account.
How do I access or remove my private information?
Contact email@example.com if you wish to request any of the personal information that Volttage has collected for you, update such information, or remove such information from our active databases and systems.
If you wish to deactivate your profile and remove it from view on the Site, you can contact firstname.lastname@example.org or visit the “Deactivate Account” page on the site. After an account has been deactivated it is removed from view, all history (including messages) are hidden from the site membership. If you wish to reactivate your account, returning it to the original state, you have 30 days to make a request. After 30 days all deactivated accounts are purged removed from the site, and cannot be recovered. Your personal information may be retained as part of our back-up storage process.
There may be third parties who you have authorized us the share personal with. We are not responsible for removing your information from their databases or systems. This includes third –party payment vendors we may use to upgrade your account.
Member subscription payments are made in U.S. Dollars, as well as a variety of international currencies. Membership terms are 7 days, 30 days, 60 days, and 90 days. You warrant that you have purchased a membership based on membership rates that are effective for your primary country of residence.
Any fraudulent accounts, credit card charge backs, credit card dispute reversals, or returned electronic check(s) will result in the suspension of your account and a ban from the Site. The operators of the Site take identity theft seriously, and we will cooperate with any law enforcement agency investigating claims of fraud.
You are required to provide a valid email address, which will be used as part of the payment authorization process. Members who provide invalid email addresses will be prevented from using the full services of the Site until they have provided a valid email address.
Payment for the services provided by the Site may be made by automatic credit card, debit card, direct debit, online checks, Short Message Signal (“SMS”) billing and other approved payment means. You authorize the Company's Internet Payment Service Provider to charge your credit card (or other above listed payment method) for any and all purchases of products, services and other entertainment available in, at, through, or in association with the Site.
You agree to be personally liable for all charges incurred by you in association with your access or other use of any Content provided by the Company or any third party in association with the Site. You acknowledge and agree that your liability for all such charges shall continue after termination of your access or any type of membership arrangement with the Company.
In the event that you have chosen to have your membership automatically rebilled, unless and until you notify the Company that you wish to cancel or terminate your membership to the Site, you hereby agree and authorize the Company's Internet Payment Service Provider to automatically renew your membership to the Site on a continuing basis and to charge your credit card (or other payment means you have selected) to pay for the ongoing cost of your membership.
News and Health (Volttage Buzz) Information Section
The opinions expressed in any articles or membership profiles are those of the author, and do not reflect the attitudes, policies, or opinions of any institutions to which they are affiliated, or that of the Company.
The contents of the News and Health Section (Buzz) of Volttage (including text, graphics, images, information obtained from the site licensors, and other content) are for informational purposes only. It is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
If you think you may have a medical emergency, call your doctor or emergency services immediately. Volttage does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided on the Site is solely at your own risk.
User Agreements and Policies
Volttage.com is intended for entertainment and social interaction between its adult members. The Company is committed that the Site will be a safe and comfortable place for gay and bisexual men who use the Site. This includes men of diverse ages, races, nationalities, and HIV status. We will be active to prevent abuses by individuals or groups that do not adhere to our policies.
You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service. Your right to use the Site is subject to any limitations, conditions and restrictions established by the Company from time to time, at our sole discretion.
You represent and warrant to the Company that:
- You are 21 years of age or older.
- The information and details you provide are true, accurate and up to date in all respects and at all times.
- The email address used to sign up for Volttage, or is associated with your account, is accessible to you during the duration of your membership. If your email address changes, you will update your account accordingly.
- You are the sole owner of all rights in the materials posted or uploaded by you (including all related copyrights) or that you have the absolute right to license their use as provided in this section.
- While you will retain ownership of the copyright in the materials posted or uploaded by you, you agree that all materials posted or uploaded by you shall become part of a database, and that the Company will own the compilation copyright in that database.
- In addition, you hereby grant the Company a perpetual, worldwide, irrevocable license to use, reproduce, modify, publish, publicly perform, publicly display and distribute such materials, and portions of such materials and any derivative works created from such materials, in print, electronic and other media, by any means now known or developed in the future.
- We may sublicense all of our rights and licenses or assign them to third parties. Neither the Company nor any third party using the materials in accordance with this section will be obligated to pay you any royalties or other compensation for use of the materials.
You agree that you will comply with the following guidelines when using the Service:
- You will not use the Site to post or transmit any unlawful, threatening, abusive, libelous, slanderous, racist, ageist, or defamatory information, advertisements, pictures or communications that contain offensive language or images of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, provincial, state, national or international law.
- You will not use the Site to post, use hyperlinks or transmit any information or software, which contains a virus, worm or other harmful software.
- You will not use the Site to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services, except within specific circumstances as deemed appropriate at our sole discretion.
- You may not use the Site for any unlawful purpose or to promote any unlawful activity.
- You may not use the Site to post information, advertisements, communications or pictures for the purposes of interference or entrapment by law enforcement or security agencies, media, or any other person or agency.
- You will not post information, advertisements, pictures or communications or use the Site in any way which violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights.
- You will ensure that any information, advertisements, pictures or communications you post on the Site do not contravene any criminal or other laws relating to obscenity, pornography, child pornography, or otherwise.
Service guidelines regarding third-party agreements
In order to provide this service, the Company has entered into agreements with third-party vendors, including Internet hosting and Internet payment processing companies. These companies have specific requirements for what is considered unacceptable content and conduct.
We hold our members to the same standards. The following items and conduct are prohibited on Volttage.com:
- Spamming: Sending unsolicited mass E-mailings (i.e., to more than 25 users) that provoke complaints from the recipients.
- Harassment: Engaging in abuse or harassment of other individuals on the Internet after being asked to stop by those individuals and/or by the Company
- Network Unfriendly or Illegal Activity: Attempts, whether successful or not, to gain access to any other system or users' private data without express consent of the user. Attempts to interfere with the regular workings of the Company systems or network connections or which adversely affect the ability of other people or systems to the Company’s services or the Internet.
- Underage Marketing or Representation: This includes utilizing content including "Kids", "Lolita", "Pedi", "Peta", "Peto", "Pre-teen", "Pedophile", "Underage", "Child", “Son/Dad” or any other words, images, or descriptions that would lead someone to believe that a Site member or model is less than 18 years of age.
- The posting or display of any image or wording depicting or related to extreme violence, incest, snuff, scat or the elimination of any bodily waste on another person, mutilation, or rape anywhere on the Site.
- The posting or display of any image or wording depicting or related to bestiality anywhere on the Site.
- The posting or display of any image or wording related to any website running, participating, or advertising acts allowing the subscriber to bet or gamble on an uncertain outcome, or to play a game of chance for stakes.
Monitoring and removal of information
We attempt to review content as quickly as possible. We conduct audits of member content and postings on a regular basis.
We reserve the right to move, delete or edit any content, information, or pictures or communications posted on the Site, that we in our sole discretion deem to violate the Service Guidelines.
Limitation of liability
The use of the Site is at your own risk. The Company is not responsible for any incidental, consequential, special, punitive, exemplary, direct or indirect damages that may arise from your use of the Site. This includes any personal meetings or encounters that may arise out of a member’s use of the Site.
In no event will the Company, its suppliers or third parties be liable for incidental, consequential, special, punitive, exemplary, direct or indirect damages resulting from lost profits, lost data or business interruption arising out of or relating to the use or inability to use this Site.
This website is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this website.
Modifications of the service agreement
From time to time, we may modify or amend this Agreement. You should periodically return to this page to review any changes to the Agreement. Your continued use of the Site will constitute acceptance by you of this Agreement and any subsequent modifications.
Community Monitoring and Reporting
It is important to provide as much information as possible. This includes:
- The nature of the Terms violation.
- Any factual information which leads you to believe there have been a violation.
- The location where the offending Content is located.
- If known, the identity of the party or user who posted the infringing, offending, or inappropriate Content.
We expect all users of the Site to take responsibility for their actions. We do not assume liability for any acts of third parties that take place at our Site. By utilizing the Community Monitoring and Reporting procedures, you waive any and all claims which you might be able to assert against the Company that arise out of our response, or failure to respond, to the complaint or report.
We have the right, but not the obligation, to investigate any complaint received. We will not act on complaints that we believe to be deficient, incomplete, or otherwise questionable.
If you believe that Content remains on this Site which violates your rights, your sole remedy shall be against the other user or party responsible for said content. Your remedy against the Company shall be to terminate your use of the Site.
Digital Millennium Copyright Act:
Pursuant to the Digital Millennium Copyright Act, we will, upon receiving effective written notification of such a claim, promptly remove or disable access to material on this Site that is claimed to be infringing or to be the subject of infringing activity.
To be effective, the notification must include the following information:
- Identification of each copyrighted work that you claim to have been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to enable us to locate the material.
- Your mailing and e-mail addresses and your telephone and fax numbers, so that we can contact you.
- A statement by you that the information in the notification is accurate, and that, under penalty of perjury, you either are the copyright owner or are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
- The notification must include the physical signature of the copyright owner or of a person authorized to act on behalf of the copyright owner.
Anyone who knowingly misrepresents that material is infringing is liable for any damages incurred as of result of our relying on such misrepresentation in removing or blocking the material.
Indemnification and Limits of Liability
Users of the website, direct or indirect, agree to indemnify, defend and hold our Company, and our partners, agents, employees, subcontractors, and third party suppliers, advertisers, and affiliates harmless from any damages, liability, loss, claim, or expenses, including attorney's fees.
Governing Law and Severability:
This Agreement shall be governed by and construed in accordance with the laws of the state of Texas not withstanding any conflict of laws provisions.
If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
Any and all disputes or controversies of any kind, including but not limited to any performance, duty, obligation or liability arising under or related to this Agreement which are not first resolved informally, shall be determined by binding arbitration in Dallas, Texas, in accordance with the rules of the American Arbitration Association. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court or competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the state of Texas and the United States.
You and the Company agree that the venue for all legal disputes, controversies, and actions of any kind arising under or related to this Agreement shall be Dallas, Texas. You and the Company further agree that in case of any litigation regarding this Agreement, you irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the County of Dallas, Texas for any litigation or dispute arising out of or relating to this Agreement, (ii) agree not to commence any litigation arising out of or relating to this Agreement except in the Texas Courts, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the Texas Courts represent the exclusive jurisdiction for all litigation relating to this Agreement.
Updated June 30, 2013