Article 1: Purpose, Definitions, and Acceptance
1.1. Purpose
This document defines the terms and conditions (hereinafter the “ToS”) for the use of the services provided by the website accessible at the address https://naughtysexting.com (hereinafter the “Site”).
1.2. Definitions
- User: Any natural person of legal age who accesses the Site and uses its Services.
- Content(s): Any element published by a User, including pseudonyms, texts, photographs, videos, public comments, and private messages.
- Services: All features made available to Users on the Site.
1.3. Acceptance
Access to and use of the Site are subject to the full, complete, and unreserved acceptance of these ToS, which form a contract between the Site Publisher (hereinafter “the Publisher”) and the User.
Article 2: Legal Notice and Publisher
In accordance with applicable law, the identity of the parties involved is specified here and in the complete Legal Notice.
- Site Publisher: The publisher of the Site has chosen to remain anonymous for privacy reasons. Their full identity has been communicated to the host and is held at the disposal of the competent authorities.
- Director of Publication: The identity of the responsible party is held at the disposal of the host.
- Contact: customer [at] naughtysexting.com
- Hosting: OVH Cloud Canada, 800 Square-Victoria, Suite 1500, Montreal, Quebec H4Z 1E9, Canada.
Article 3: Access to Services and Protection of Minors
3.1. Mandatory Legal Majority
Access to the Site and its Services is strictly and exclusively reserved for natural persons who have reached the age of legal majority, i.e., 18 years old.
3.2. Certification of Honor
By accessing the Site, the User certifies on their honor that they are of legal age and consent to view adult content of a sexual nature.
3.3. Age Verification (Law S-210 Compliance)
The Publisher reserves the right to implement at any time a robust age verification system, as required by Canadian regulations (Law S-210), to ensure that access is prohibited to minors.
Article 4: Description of Services
4.1. Services Provided
The Publisher provides a platform allowing Users to:
- Post Ads: Create and view personal classified ads.
- Public Interaction: Post comments visible to all on advertisements.
- Private Interaction: Communicate with other Users via a private messaging system.
4.2. Partner Service
The service on members.naughtysexting.com is operated by an autonomous third-party partner. The Publisher disclaims all responsibility regarding the services, content, and transactions of this space.
4.3. Content Mix and Animation
The Site hosts Ads posted by real Users as well as “animation Content” or “illustrative Ads” used to maintain a dynamic interface and a consistent user experience.
- Role of Animation: These Ads, created and managed by the Publisher, complement the database to demonstrate the Site’s features. This Content may occasionally show simulated activity (such as an “online” status) for visual presentation purposes. The Publisher is under no obligation to specifically identify these Ads on the Site interface.
- Interaction: While the Site encourages interactions between real Users, the Publisher does not guarantee any reply, interaction, or physical meeting regarding illustrative Ads.
- Acceptance: The User expressly accepts this mix of Content as an integral part of the Site’s atmosphere and waives any claim against the Publisher regarding the proportion, reality, identity, or availability of the Ads displayed.
Article 5: Fundamental Obligations and User Responsibility
The User is solely and uniquely responsible for all Content they publish and their interactions.
5.1. Ownership and Consent
The User guarantees that they hold all intellectual property rights to the Content they publish. They certify that all persons appearing in their Content are of legal age and have given their free and explicit consent to the distribution of their image on the Site.
5.2. Third-Party Content and Anonymization
The publication of Content featuring third parties is tolerated under one mandatory condition: the Content must be made strictly anonymous (faces and distinctive signs masked). The responsibility for this anonymization lies exclusively with the User. The Publisher shall in no case be held liable for the distribution of non-anonymized third-party Content.
5.3. Detailed List of Prohibited Content
It is strictly forbidden to publish, via ads, public comments, or private messages, any Content that:
A) Violates human dignity and integrity:
- Child sexual abuse material (CSAM), featuring minors or persons appearing to be minors.
- “Revenge Porn” (non-consensual distribution of intimate sexual media).
- Harassment, intimidation, insult, or defamation.
- Promoting crimes, violence, or inciting hatred or discrimination.
B) Violates privacy and truth:
- Impersonating a third party.
- Disclosing personal information of another person without their consent (Doxing).
- “Deepfakes” (AI-generated content representing real people without their consent).
- False, misleading, or deceptive information.
C) Relates to commercial or illegal activities:
- Promoting escorting services, prostitution, or any sexual service in exchange for remuneration.
- Spam, affiliate marketing, or unsolicited advertising.
- Any content suspected of being related to organized prostitution or pimping will be immediately removed and may be reported to the authorities (e.g., Cybertip.ca), in accordance with the Online Harms Act.
D) Harmful to the service:
- Containing viruses, malware, or any computer code intended to harm the Site.
Article 6: Moderation and Safety
6.1. Public Content Moderation
All public content (ads, comments) is moderated manually, either before or after publication. The Publisher reserves the right to refuse or remove any public Content that violates these ToS at any time, without prior notice or justification.
6.2. Private Messaging
Private conversations are subject to the principle of privacy of correspondence. However, automated filtering is in place to detect and mask content intended to:
- Share external contact information (personal details, links, social media handles).
- Inject malicious or technically harmful code.
This protection mechanism is not infallible. The User remains solely and uniquely responsible for their private exchanges and the information they choose to share.
6.3. Reporting and Identity Verification
Any User may report illicit Content via the contact form. For any removal request based on a violation of image rights, and to prevent fraud, the Publisher may require proof of identity (photo of the person, masked ID) if the requester’s email differs from the one used for the post. These supporting documents are processed exclusively for verification and are not kept longer than necessary to process the request.
Article 7: Responsibility of the Publisher
7.1. Hosting Provider Status (PIPEDA / Online Harms Act)
In accordance with Canadian and international standards for hosting providers, the Publisher cannot be held liable for Content published by Users. Liability is only incurred if the Publisher, having gained effective knowledge of manifestly illicit Content, failed to act expeditiously to remove it.
7.2. Total Limitation of Liability
The use of the Site is at the User’s own risk. The Publisher shall not be held liable for any damages resulting from the use of the Site or interactions between Users.
7.3. No Guarantee of Availability
The Publisher is bound by an obligation of means and does not guarantee continuous availability. Access may be interrupted at any time without incurring liability.
Article 8: Third-Party Advertising and External Links
The Site may display any type of advertisements (including but not limited to banners, pop-ups, pop-unders, and sponsored content) or links to third-party websites. These advertisements are managed by external advertising networks. The Publisher has no control over the content, products, or services offered by these third parties. Consequently, the Publisher disclaims all responsibility for any damage, loss, or security issues resulting from the use of these external links or the consumption of products/services promoted via these advertisements.
Article 9: Intellectual Property
9.1. Publisher’s Property
The structure, brand, and logos of the Site are the exclusive property of the Publisher. Any reproduction constitutes an infringement.
9.2. License on User Content
By publishing Content, the User grants the Publisher a non-exclusive, royalty-free, and worldwide license for the legal duration of the rights, allowing the Publisher to reproduce and distribute this Content solely for the purpose of operating the Service.
9.3. Incoming Hyperlinks
Creating a hyperlink to the Site is permitted without express request, provided that the link opens the Site in a new browser window and is not embedded in a site that harms the Publisher’s image. The Publisher reserves the right to request the removal of any link deemed inconsistent with its editorial policy.
Article 10: Personal Data and Legal Retention
10.1. Privacy Policy
The management of personal data is governed by the Privacy Policy, which is an integral part of these ToS.
10.2. Log Retention
In accordance with the law, the Publisher retains connection data (IP address, timestamps) for 12 months for the sole purpose of responding to judicial requisitions.
Article 11: Modification and Governing Law
11.1. Modification
The Publisher reserves the right to modify these ToS at any time. Continued use of the Site after modification constitutes acceptance of the new terms.
11.2. Governing Law and Jurisdiction
These ToS are governed by the laws applicable in the Province of Quebec and the federal laws of Canada, where the hosting infrastructure is located. In the event of a dispute, and following the failure of an amicable resolution, exclusive jurisdiction is granted to the courts of Montreal, Quebec, Canada.
