1.
ACCEPTANCE protected
by trade secret or otherwise subject to third party proprietary rights,
including privacy and publicity rights, unless you
are the owner of such rights or have permission from their rightful owner to
post the material and to grant ( YOUR SITE ) all of the license rights granted
herein; WEBSITE
BY ANY THIRD PARTY, AND/OR CONTENT
POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ( YOUR SITE )
WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE
THAT ( YOUR SITE ) SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY,
OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR
DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
By using and/or visiting the (YOUR SITE ) website (collectively, including but
not limited to all Content, Uploads and User Submissions available through (
YOUR SITE ), "( YOUR SITE )", the website) you agree to the terms and
conditions contained herin and the terms and conditions of ( YOUR SITE )
privacy policy incorporated herin, and all future amendments and modifications
(collectively referred to as the "Agreement"). By entering, you agree
to be bound by these terms and conditions. If you do not agree to be bound the
terms and conditions contained herein, then do not use ( YOUR SITE ).
The terms and conditions of this Agreement are subject to change by ( YOUR SITE
) at any time in its sole discretion and you agree be bound by all
modifications, changes and/or revisions. If you do not accept to be bound by
any and all modifications, changes and/or revisions of this agreement, you many
not use ( YOUR SITE ).
The terms and conditions contained herein apply to all users of ( YOUR SITE )
whether a 'visitor' or a 'member' and you are only authorized to use ( YOUR
SITE ) if you agree to abide by all applicable laws and be legally bound by the
terms and conditions of this Agreement.
2. DESCRIPTION
The ( YOUR SITE ) website allows for uploading, sharing and general viewing
various types of content allowing registered and unregistered users to share
and view visual depictions of adult content, including sexually explicit
images. In addition, ( YOUR SITE ) contains video content, information and
other materials posted/uploaded by users. ( YOUR SITE ) allows its users to
view the Content and Website subject to the terms and conditions of this
Agreement.
The ( YOUR SITE ) website may also contain certain links to third party
websites which are in no way owned or controlled by ( YOUR SITE ). ( YOUR SITE
) assumes no responsibility for the content, privacy policies, practices of any
and all third party websites. ( YOUR SITE ) cannot censor or edit the content
of third party sites. You acknowledge that ( YOUR SITE ) will not be liable for
any and all liability arising for your use of any third-party website.
( YOUR SITE ) is for your personal use and shall not be used for any commercial
endeavor except those specifically endorsed or approved by ( YOUR SITE ). Any
illegal and/or unauthorized use of ( YOUR SITE ) is prohibited including but
not limited to collecting usernames and e-mail addresses for sending
unsolicited emails or unauthorized framing or linking to the ( YOUR SITE )
website is prohibited.
3. ACCESS
In order to use this website, you affirm that you are at least eighteen (18)
year of age and/or over the age of majority in the jurisdiction you reside and
from which you access the website where the age of majority is greater than eighteen
(18) years of age. If you are under the age of 18 and/or under the age of
majority in the jurisdiction you reside and from which you access the website,
then you are not permitted to use the website.
4. CONDUCT
You acknowledge and agree that you shall be responsible for your own user
submissions and the consequences of posting, uploading, publishing transmitting
or other making them available on ( YOUR SITE ). You agree that you shall not
(nor others using your account) post, upload, publish, transmit or make
available in any way on ( YOUR SITE ) content which is illegal, unlawful,
harassing, harmful, threatening, tortuous, abusive, defamatory, obscene,
libelous, invasive of one's privacy including but not limited to personal
information, hateful, racial. You also agree that you shall not post, upload,
publish, transmit or make available in any way on ( YOUR SITE ) software
containing viruses or any other computer code, files, or programs designed to
destroy, interrupt, limit the functionality of, or monitor, or persistently
reside in or on any computer software or hardware or telecommunications
equipment. You agree that you shall not (nor others using your account) post,
upload, publish, transmit or make available in any way on ( YOUR SITE ) content
which is intentionally or unintentionally violating any applicable local,
state, national, or international law, or any regulations or laws having the
force of law where you reside and elsewhere, including but not limited to any
laws or regulations relating to securities, privacy, and export control; engage
in, promote, You agree that you shall not (nor others using your account) post,
upload, publish, transmit or make available in any way on ( YOUR SITE ) content
depicting illegal activities, promote or depict physical harm or injury against
any group or individual, or promote or depict any act of cruelty to animals;
You agree not to use ( YOUR SITE ) in any way that exposes ( YOUR SITE ) to
criminal or civil liability.
You agree that ( YOUR SITE ) shall have the right to determine in its sole and
unfettered discretion, what action shall be taken in the event of any
discovered or reported violation of the terms and conditions contained herein.
5. INTELLECTUAL PROPERTY
The Content contained on the ( YOUR SITE ) with the exception of User
Submissions including but not limited to the text, software, scripts, graphics,
music, videos, photos, sounds, interactive features and trademarks, service
marks and logos contained therein, are owned by and/or licensed to ( YOUR SITE
), subject to copyright and other intellectual property rights under United
States, Canada and foreign laws and international conventions. Content on the
Website is provided to you AS IS for your information and personal use only and
may not be used, copied, reproduced, distributed, transmitted, broadcast,
displayed, sold, licensed, or otherwise exploited for any other purposes
whatsoever without the prior written consent of the respective owners. ( YOUR
SITE ) reserves all rights not expressly granted in and to the Website and the
Content. You agree to not engage in the use, copying, or distribution of any of
the Content other than expressly permitted herein, including any use, copying,
and/or distribution of User Submissions of third parties obtained through the
Website for any commercial purposes. If you download or print a copy of the
Content for personal use, you must retain all copyright and other proprietary
notices contained therein. You agree not to disable, circumvent, or otherwise interfere
with security related features of the M E J Video or features that prevent or
restrict use or copying of any Content or enforce limitations on use of the (
YOUR SITE ) Website or the Content therein.
6. USER SUBMISSIONS
( YOUR SITE ) permits the submission of video and other communications and the
hosting, sharing and publishing of such user submissions. You understand that
whether or not such User Submissions are published and/or uploaded, ( YOUR SITE
) does not guarantee any confidentiality with respect to any submissions.
( YOUR SITE ) allows/permits you to link to materials on the Website for
personal, non-commercial purposes only. More over, ( YOUR SITE ) provides an
"Embeddable Player" feature, which you may incorporate into your own
personal, non-commercial websites for use in accessing the materials on the
Website, provided that you include a prominent link back to the ( YOUR SITE )
website on the pages containing the Embeddable Player. ( YOUR SITE ) reserves
the right to discontinue any aspect of the ( YOUR SITE ) website at any time.
In addition, you may not modify, build upon or block any portion of the
Embeddable Player in any way.
You shall be solely responsible for any and all of your own User Submissions
and the consequences of posting, uploading and publishing them. Furthermore,
with User Submissions, you affirm, represent and/or warrant that:
you own or retain the necessary licenses, rights, consents, and permissions to
use and authorize ( YOUR SITE ) to use all trademarks, copyrights, trade
secrets, patents, or other proprietary rights in and to any and all User
Submissions to enable inclusion and use of the User Submissions in the manner
contemplated by the Website and these Terms of Service; and
you will not post, or allow anyone else to post, any material that depicts any
person under the age of 18 years and you have inspected and are maintaining
written documentation sufficient to confirm that all subjects of your
submissions are, in fact, over the age of 18 years.
You have the written consent, release, and/or permission of each and every
identifiable individual person in the User Submission to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of the User Submissions in the manner contemplated by the
Website and these Terms of Service. For clarity, you retain all of your
ownership rights in your User Submissions. By submitting the User Submissions
to ( YOUR SITE ), you hereby grant ( YOUR SITE ) a worldwide, non-exclusive, royalty-free,
sublicense able and transferable license to use, reproduce, distribute, prepare
derivative works of, display, and perform the User Submissions in connection
with the ( YOUR SITE ) Website and ( YOUR SITE )'s (and its successor's)
business, including without limitation for promoting and redistributing part or
all of the ( YOUR SITE ) Website (and derivative works thereof) in any media
formats and through any media channels. You also hereby grant each user of the
( YOUR SITE ) Website a non-exclusive license to access your User Submissions
through the Website, and to use, reproduce, distribute, prepare derivative
works of, display and perform such User Submissions as permitted through the
functionality of the Website and under these Terms of Service. The foregoing
license granted by you terminates once you remove or delete a User Submission
from the ( YOUR SITE ) Website.
In submitting material (video or other communication), you further agree that
you shall not:
submit material that is copyrighted,
publish falsehoods or misrepresentations that could damage ( YOUR SITE ) or any
third party;
submit material that is obscene, illegal, unlawful, , defamatory, libelous,
harassing, hateful, racially or ethnically offensive, or encourages conduct
that would be considered a criminal offense, give rise to civil liability,
violate any law, or is otherwise inappropriate;
post advertisements or solicitations of business;
Impersonate another person. ( YOUR SITE ) does not endorse any User Submission
or any opinion, recommendation, or advice expressed therein, and ( YOUR SITE )
expressly disclaims any and all liability in connection with User Submissions.
( YOUR SITE ) does not permit copyright infringing activities and infringement
of intellectual property rights on its Website, and ( YOUR SITE ) will remove
all Content and User Submissions if properly notified that such Content or User
Submission infringes on another's intellectual property rights. ( YOUR SITE )
reserves the right to remove Content and User Submissions without prior notice
or delay. ( YOUR SITE ) will also terminate a User's access to its Website, if
they are determined to be an infringer. While pornographic and adult content
are accepted, ( YOUR SITE ) also reserves the right to decide in its sole and
unfettered discretion, whether Content or a User Submission is appropriate and
complies with these Terms of Service for violations other than copyright
infringement and violations of intellectual property law, such as, but not
limited to, obscene or defamatory material, or excessive length. ( YOUR SITE )
may remove such User Submissions and/or terminate a User's access for uploading
such material in violation of these Terms of Service at any time, without prior
notice and at its sole discretion.
You understand and acknowledge that when using ( YOUR SITE ), you will be
exposed to User Submissions from a variety of sources, and that ( YOUR SITE )
is not responsible for the accuracy, usefulness, safety, or intellectual
property rights of or relating to such User Submissions. You further understand
and acknowledge that you may be exposed to User Submissions that are
inaccurate, offensive, indecent, or objectionable, and you agree to waive, and
hereby do waive, any legal or equitable rights or remedies you have or may have
against ( YOUR SITE ) with respect thereto, and agree to indemnify and hold (
YOUR SITE ), its Owners, affiliates, operators, and/or licensors, harmless to
the fullest extent allowed by law regarding all matters related to your use of
the website.
You agree that ( YOUR SITE ) may at its sole discretion have the right to
refuse to publish, remove, or block access to any User Submission that is
available via the Website or other ( YOUR SITE ) network or services at any
time, for any reason, or for no reason at all, with or without notice.
( YOUR SITE ) provides its website as a service to its users. However, ( YOUR
SITE ) assumes no responsibility whatsoever for monitoring the ( YOUR SITE )
Services for inappropriate content or conduct. If at any time ( YOUR SITE )
chooses, in its sole discretion, to monitor the ( YOUR SITE ) Services,
however, ( YOUR SITE ) assumes no responsibility for the content, no obligation
to modify or remove any inappropriate content, and no responsibility for the
conduct of the User submitting any such content. ( YOUR SITE ) may review and
delete any User Submissions that, in its sole judgment, violates this Agreement
or may be otherwise offensive or illegal, or violate the rights, harm, or
threaten the safety of any User or person not associated with the Website
(collectively "Inappropriate User Submissions"). You are solely
responsible for the User Submissions that you make visible on the Website or to
any third-party website via an embedded player provided by the Website or any
other material or information that you transmit or share with other Users or
unrelated third-parties via the Website.
You further understand, acknowledge, agree and specifically authorize ( YOUR
SITE ) to use, reuse, post, publish or upload any User Submissions on any other
website owned or controlled by ( YOUR SITE ) or on any website with whom ( YOUR
SITE ) has an agreement with respect to User Submissions content or sponsor
uploaded video. In addition, User submission is deemed to include any sponsored
or otherwise branded uploaded videos. ( YOUR SITE ) reserves the right to
determine as its discretion on what basis would a User submissions or an
uploaded video might be shared with other websites (rating, number of views,
user reviews, etc.).
7. ACCOUNT TERMINATION POLICY
a User's access to ( YOUR SITE ) will be terminated if, under appropriate
conditions, the User is determined to infringe repeatedly.
( YOUR SITE ) reserves the right to decide whether Content or if a User's
Submission is appropriate and complies with these Terms and Conditions in
regards to violations other than copyright infringement or privacy law, such
as, but not limited to, hate crimes, pornography, obscene or defamatory material,
or excessive length. ( YOUR SITE ) may remove such User Submissions and/or
terminate a User's access for uploading such material in violation of these
Terms and Conditions at any time, without prior notice and at its sole
discretion.
8. POLICY
( YOUR SITE ) abides by a ZERO TOLERANCE policy relating to any illegal
content. Child Pornography, bestiality, rape, torture, snuff, death and/or any
other type of obscene and/or illegal material shall not be tolerated by ( YOUR
SITE ). ( YOUR SITE ) shall not condone child pornography and will cooperate
with all governmental agencies that seek those who produce child pornography.
9. FEES
You acknowledge that ( YOUR SITE ) reserves the right to charge for ( YOUR SITE
) services and to change its fees from time to time in its discretion.
Furthermore, in the event ( YOUR SITE ) terminates your rights to use the
website because of a breach of this Agreement, you shall not be entitled to the
refund of any unused portion of subscription fees.
10. WARRANTIES
You represent and warrant that all of the information provided by you to ( YOUR
SITE ) to participate in the ( YOUR SITE ) website is accurate and current and
you have all necessary right, power, and authority to enter into this Agreement
and to perform the acts required of you hereunder.
As a condition to using the ( YOUR SITE ), you must agree to the terms of (
YOUR SITE )'s privacy policy and its modifications. You acknowledge and agree
that the technical processing and transmission of the Website, including your
User Submissions, may involve transmissions over various networks; and changes
to conform and adapt to technical requirements of connecting networks or
devices. You further acknowledge and agree that other data collected and
maintained by ( YOUR SITE ) with regard to its users may be disclosed in
accordance with the ( YOUR SITE ) Privacy Policy.
11. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE ( YOUR SITE ) WEBSITE SHALL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ( YOUR SITE ), ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. ( YOUR SITE ) MAKES NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S
CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO
LIABILITY OR RESPONSIBILITY FOR ANY
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF OUR WEBSITE,
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE ( YOUR SITE ) WEBSITE. ( YOUR SITE ) DOES NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ( YOUR SITE )
WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND ( YOUR SITE ) WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE. THE FOREGOING LIMITATION OF LIABILITY SHALL
APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT ( YOUR SITE ) SHALL NOT BE LIABLE FOR USER
SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY
AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL ( YOUR SITE ), ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS,
BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF OUR WEBSITE,
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR
THROUGH OUR
ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF YOUR USE OF ANY
13. INDEMNITY
You agree to defend, indemnify and hold harmless ( YOUR SITE ), its parent
corporation, officers, directors, employees and agents, from and against any
and all claims, damages, obligations, losses, liabilities, costs or debt, and
expenses (including but not limited to attorney's fees) arising from:
your use of and access to the ( YOUR SITE ) Website;
your violation of any term of these Terms of Service;
your violation of any third party right, including without limitation any
copyright, property, or privacy right; or
Any claim that one of your User Submissions caused damage to a third party.
This defense and indemnification obligation will survive these Terms of Service
and your use of the ( YOUR SITE ) Website.
You affirm that you are either more than 18 years of age or an emancipated
minor, or possess legal parental or guardian consent, and 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 and Conditions contained herein.
14. ASSIGNMENT
The Terms and Conditions contained herein and any rights and licenses granted
hereunder, may not be transferred or assigned by you, but may be assigned by (
YOUR SITE ) without restriction.
If any term, clause or provision of the agreement is held invalid or
unenforceable by a court of competent jurisdiction, such invalidity shall not
affect the validity or operation of any term, clause or provision and such
invalid term, clause or provision shall be deemed to be severed from this
Agreement.
15. JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws
of USA, without regard to conflicts of law principles. The sole and exclusive
jurisdiction and venue for any action or proceeding arising out of or related
to this Agreement shall be in an appropriate court located in USA. You hereby
submit to the jurisdiction and venue of said Courts. You consent to service of
process in any legal proceeding.