1. ACCEPTANCE
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,
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;
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
WEBSITE BY ANY THIRD PARTY, AND/OR
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
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.
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.