TERMS OF USE

Last Updated: 16th June 2026

These Terms of Use (“Terms”) govern your access to and use of https://www.funkinks.com (“Website”, “Platform”, “Service”), which is owned and operated by Funkinks (“we”, “us”, “our”).

By accessing, registering with, subscribing to, or using the Website, you agree to be legally bound by these Terms. If you do not agree to these Terms, you must not access or use the Website.

  1. ELIGIBILITY AND AGE RESTRICTIONS

The Website is strictly intended for adults aged 18 years or over.

All users, including buyers and sellers, must successfully complete any age verification procedures required by law before accessing restricted areas of the Website, purchasing content, selling items, or communicating with other users.

By creating an account, you warrant and represent that:

(a) you are at least 18 years old;

(b) all information provided by you is accurate and complete;

(c) you have the legal capacity to enter into a binding contract;

(d) your use of the Website is lawful in your jurisdiction.

Any account found to belong to a person under 18 years of age will be terminated immediately. We reserve the right to report any suspected underage access or activity to law enforcement authorities and regulatory bodies.

  1. MARKETPLACE SERVICE

The Website operates solely as an online marketplace that allows independent sellers and buyers to connect and conduct transactions.

We are not the seller, reseller, manufacturer, distributor, owner, or supplier of any item, content, photograph, video, or service advertised through the Website.

We do not:

  • own or possess items listed by sellers;
  • inspect items before sale;
  • guarantee the legality of any listing;
  • guarantee the accuracy of any listing;
  • guarantee delivery of any item;
  • guarantee the quality, condition, authenticity, or fitness of any item or content.

Any contract for the purchase of goods or digital content is entered into directly between the buyer and seller.

  1. SELLER OBLIGATIONS

Sellers warrant and represent that:

(a) they are at least 18 years old;

(b) they are the lawful owner of any item offered for sale;

(c) they have the legal right to sell any item or digital content listed;

(d) all photographs, videos, and content uploaded depict only the seller or persons who have provided valid written consent;

(e) no content includes any person under the age of 18;

(f) all listings are accurate and not misleading;

(g) all items offered for sale comply with applicable laws.

Sellers are solely responsible for ensuring compliance with local, national, and international laws relating to their listings and sales.

  1. PROHIBITED ITEMS AND CONTENT

Users must not list, upload, sell, distribute, request, purchase, advertise, or otherwise make available:

  • content involving any person under 18 years of age;
  • illegally obtained goods;
  • stolen property;
  • non-consensual content;
  • voyeuristic or secretly recorded content;
  • content depicting sexual violence or exploitation;
  • prohibited drugs or controlled substances;
  • weapons or prohibited items;
  • bestiality content;
  • content promoting self-harm;
  • content that violates intellectual property rights;
  • content that violates any applicable law.

We reserve the right to remove any content or listing at our sole discretion.

  1. USER CONDUCT

You agree not to:

(a) use the Website for unlawful purposes;

(b) harass, threaten, abuse, intimidate, or exploit other users;

(c) provide false information;

(d) attempt to circumvent payment systems;

(e) interfere with the operation or security of the Website;

(f) introduce viruses, malware, spyware, or malicious code;

(g) scrape, harvest, or collect data from the Website without permission;

(h) impersonate another person.

  1. COMMUNICATIONS MONITORING

To maintain user safety, legal compliance, and platform integrity, we reserve the right to monitor, review, store, and investigate communications conducted through the Website, including private messages.

Users acknowledge that communications conducted through the Website may be reviewed where reasonably necessary for moderation, legal compliance, fraud prevention, dispute resolution, or law enforcement requests.

  1. SUBSCRIPTIONS AND FEES

Access to buyer membership features may require payment of a subscription fee.

By purchasing a subscription, you agree that:

(a) fees are payable in advance;

(b) subscriptions automatically renew unless cancelled;

(c) fees are non-refundable except where required by law;

(d) we may change subscription pricing by providing reasonable notice.

Failure to pay any fees may result in suspension or termination of access.

  1. USER GENERATED CONTENT

Users retain ownership of content they upload.

By uploading content to the Website, you grant us a worldwide, non-exclusive, royalty-free licence to host, display, reproduce, distribute, store, moderate, and make available such content solely for the operation and promotion of the Website.

You warrant that you own or control all rights necessary to grant this licence.

  1. INTELLECTUAL PROPERTY

All Website software, branding, logos, text, graphics, designs, databases, and other proprietary content remain our exclusive property or the property of our licensors.

No content from the Website may be copied, reproduced, distributed, modified, republished, sold, or exploited without our prior written consent.

  1. ACCOUNT SUSPENSION AND TERMINATION

We reserve the right to suspend, restrict, or permanently terminate any account at any time where we reasonably believe:

(a) these Terms have been breached;

(b) illegal activity has occurred;

(c) a user poses a risk to other users;

(d) continued use may expose us to legal liability.

Termination may occur without prior notice where immediate action is necessary.

  1. DISCLAIMERS

The Website is provided on an “as is” and “as available” basis.

To the fullest extent permitted by law, we make no warranties regarding:

  • uninterrupted availability;
  • accuracy of listings;
  • quality of products;
  • seller performance;
  • buyer conduct;
  • successful completion of transactions.
  1. LIMITATION OF LIABILITY

To the fullest extent permitted by law, we shall not be liable for:

(a) indirect or consequential losses;

(b) loss of profits;

(c) loss of data;

(d) loss of reputation;

(e) disputes between buyers and sellers;

(f) actions or omissions of users.

Our total liability arising from your use of the Website shall not exceed the total subscription fees paid by you during the previous twelve months.

Nothing in these Terms excludes liability for death, personal injury caused by negligence, fraud, or any liability that cannot legally be excluded.

  1. INDEMNITY

You agree to indemnify and hold harmless Funkinks, its owners, employees, contractors, and affiliates from any claims, losses, liabilities, damages, costs, or expenses arising from:

(a) your use of the Website;

(b) your breach of these Terms;

(c) your content;

(d) your violation of any law or third-party rights.

  1. PRIVACY

Your use of the Website is also governed by our Privacy Policy and Cookie Policy, which form part of these Terms.

  1. CHANGES TO THESE TERMS

We reserve the right to amend these Terms at any time.

Updated Terms will be published on the Website and will take effect immediately upon publication unless otherwise stated.

  1. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of England and Wales.

Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

  1. CONTACT

Questions regarding these Terms should be directed to:

Fun Kinks Ltd

Kingsnorth House, 1 Blenheim Way, Birmingham, B44 8LS

info@funkinks.com

Your Connection to Creators, Redefined