18 U.S.C. § 2257 Statement
Any actual human beings depicted in images appearing on this website were over the age of 18 years at the time those images were recorded.
Exemption: Content Produced by Third Parties
The operators of this website are not the "producers" of any depictions of actual or simulated sexually explicit conduct which may appear on this website. More specifically, the operators of this website limit their handling of such content, and only perform the activities of transmission, storage, retrieval, hosting, and/or formatting of material that may depict sexually explicit conduct, all of which material appears on the website as the result of actions taken by third-party users of the website. All portions of the website that contain such user-generated material are under the control of the relevant user, for whom this website is provided as an online service by its operators. Pursuant to 18 U.S.C. § 2257(h)(2)(B)(v) and 47 U.S.C. § 230(c), the operators of this website reserve the right to delete materials appearing on the site as the result of actions taken by the website's users, which materials are deemed, in the operator's sole discretion, to be indecent, obscene, defamatory, or inconsistent with the policies and terms of service for this website.
Exemption: Content Produced by Website Operators
To the extent that any images appear on the website, for which the operators of this website may be considered the "producer," those images are exempt from the requirements of 18 U.S.C. § 2257 and 28 C.F.R. § 75 for one or more of the following reasons: (i) the produced images do not portray any sexually explicit conduct defined in 18 U.S.C. §§ 2256(2)(A); (ii) the produced images do not portray depictions of the genitals or pubic area created after July 27, 2006; (iii) the produced images do not portray simulated sexually explicit activity occurring after the effective date of 18 U.S.C. § 2257A; and/or (iv) the produced images were created prior to July 3, 1995.
Designated Records Custodian
Without limiting in any way the applicability of the above-stated exemptions, the operators of this website have designated the custodian, whose address appears below, to be the keeper of original records described in 18 U.S.C. § 2257 and 28 C.F.R. § 75 for all materials appearing on this website that fall into the following categories: (i) marketing and advertising materials that contain visual depictions of actual or simulated sexually explicit conduct, which materials have been acquired or created by the website's operators for the purpose of promoting the website; or (ii) materials that are not exempt, as described above.
The aforementioned records and their custodian can be found at the following location:
Custodian of Records
Suite 9, Ansuya Estate,
Nothing further follows.
Terms of Service
Last Updated: 04/07/2014
Welcome to freegaypornhdtube.com (the “Site”). Thank You for visiting and have a great time! The Site shall sometimes be referred to as (“We”, “Us”, “Our”, and “Ours”). You shall sometimes be referred to as (“You”, “Your”, “Yours”, “Yourself”). You and the Site shall also sometimes be referred to as the “Party” in the singular and the “Parties” in the plural.
It is important to us that You, and Our other visitors, have the best possible experience while using the Site and that when you use this Site you are fully aware of your respective legal rights and obligations. For that reason, we have created these Terms of Service as the legally binding terms to govern your use of this Site.
The Terms of Service shall sometimes be referred to as (the “Agreement”).
This Site is owned and operated by Foshan Limited, a Republic of Seychelles company. All comments, complaints or support related issues shall be submitted electronically to the Site by electronic mail to: firstname.lastname@example.org.
Please read these Terms of Service carefully before using the Site, because they affect your legal rights and obligations. If you do not agree with these Terms of Service or any part hereof then please leave the Site immediately. These Terms of Service constitute a legally binding contract between you and the Site.
By utilizing the Site you agree that you have consulted with an attorney of your own choosing and at your own expense in order to fully understand all of your legal rights and obligations as a result of utilizing the Site and these Terms of Service.
1. Your Acceptance
From time to time, We may revise this Agreement. We reserve the right to do so, and You agree that We have this right. You agree that all modifications or changes to this Agreement are in force and enforceable immediately upon posting. Any updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. To the extent any amendment of this Agreement is deemed ineffective or invalid by any court, the Parties intend that the prior, effective version of this Agreement be considered valid and enforceable to the fullest extent.
Waiver if You fail to periodically review this Agreement to determine if any of the terms have changed, You assume all responsibility for your failure to do so and You agree that such failure amounts to Your affirmative waiver of Your right to review the amended terms. We are not responsible for Your neglect of Your legal rights.
These Terms of Service apply to all users of the Services, including users who are also contributors of Content on the Services. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials You may view on, access through, or contribute to the Services. The Services includes all aspects of the Site, including but not limited to all products, software and services offered via the Site.
The Services may contain links to third party websites that are not owned or controlled by Us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, We will not and cannot censor or edit the content of any third-party websites. By using the Service, You expressly relieve Us from any and all liability arising from Your use of any third-party website.
Sexually Explicit Material and Minors
This Site contains information, links, images, audio, and videos of sexually explicit material (collectively, the "Sexually Explicit Material"). Please leave the Site immediately if:
- You are not at least Eighteen (18) years of age or the age of majority in each and every jurisdiction in which You will or may view the Sexually Explicit Material, whichever is higher (the “Age of Majority”);
- the Sexually Explicit Material offends You; or
- viewing the Sexually Explicit Material is not legal in each and every community where You may view it.
By choosing to enter and continue to utilize the Site, you are affirming under oath and penalties of perjury that all of the following statements are completely true and correct:
- I have attained the Age of Majority in my jurisdiction;
- The Sexually Explicit Material that I am viewing is for my own personal use and entertainment and I will not expose any minor to the Sexually Explicit Material;
- I desire to receive, view and/or download the Sexually Explicit Material;
- It is my legal right to receive, view, and/or download the Sexually Explicit Material;
- I believe that sexual acts between consenting adults are neither offensive nor obscene and I desire to view and/or download the Sexually Explicit Material;
- The viewing, reading and downloading of Sexually Explicit Material does not violate the standards of any community, town, city, state or country where I will be viewing, reading and/or downloading the Sexually Explicit Material;
- I am solely responsible for any false disclosures or legal ramifications of viewing, reading or downloading any of the Sexually Explicit Material. I further agree that neither the Site nor its affiliates, agents and operators can or will be held responsible for any legal ramifications arising from any fraudulent entry into or use of the Site;
- I agree that by entering the Site, registering to become a member, viewing and/or downloading any of the Sexually Explicit Material, I am subjecting myself, and any business entity in which I have any legal or equitable interest, to the personal jurisdiction of the Republic of Seychelles, should any dispute arise at any time between the Site, myself and/or such business entity; and
- I agree that the Sexually Explicit Materials displayed on the Site are intended to be used by responsible adults as sexual aids, to provide sexual education and to provide sexual entertainment.
3. Account Access and Membership
Access and Limited License - All users of the Site may access certain public areas of the Site. You understand that all We are providing You is access to Our Services as We provide them from time to time. You need to provide Your own access to the Internet, and any Internet access or other fees that You incur to access Our Site and use Our Services are Your sole responsibility. We are not providing any hardware nor software to You and You need to purchase or license the necessary hardware and software to access the Site and Services. This Agreement covers all public and non-public areas of the Site.
Membership or User Account - Although much of the Site is available without creating an account, to access certain features of the Site and Services, You must register as a member of the Site.
In connection with completing the Registration, You agree to provide true, accurate, current and complete information about Yourself as prompted by the registration (such information being the “Registration Data”); and You further agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while You are a member.
As part of registration, You will be issued or choose a unique username and password which You must provide in order to gain access to the non-public portions of the Site.
You certify that when asked to choose a username You will not choose a name which may falsely represent You as somebody else or a name which may otherwise be in violation of the rights of a third-party.
You are permitted to create one account only.
Your membership may not be transferred or sold to a third party.
You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure. You must notify the Site immediately of any breach of security or unauthorized use of Your account.
Premium Upgrade Certain features of the Site are offered in consideration of You paying a monthly fee. Our current and controlling premium upgrade rates appear on the Site. You will be automatically rebilled according to Your selected payment option for an amount equal to the membership rate that you selected.
By purchasing a premium upgrade, you understand and agree to the following:
- that We employ an automatic rebill procedure in order to provide continuity of service;
- that all of the information that You provide Us during the signup/registration process, and in any other interaction with Us, shall be truthful, correct, current and complete;
- that if any of the information that You provide Us during the signup/registration process is false, misleading, incomplete, or inaccurate, Your membership shall be immediately terminated and You shall be responsible for any costs and/or expenses of any kind that We incur as a result of your breach of this provision;
- that We have the unrestricted right to terminate Your membership at any time for any reason whatsoever;
- that You will never, sell, transfer, lend, or lease Your membership to any third party;
- that We may automatically generate invitations to complete membership application for Our other partner or affiliated websites when You register for membership with the Site (You will not be charged for Our other partner of affiliated websites unless You affirmatively choose to complete their membership application and complete their registration process);
- that all membership fees paid to the Site are non-refundable and You are solely responsible for any and all credit card charge back fees, dishonored check fees and any related fees that We incur with respect to Your account; and
- that if You believe that You have been erroneously billed, You must notify Us immediately. If You do not notify Us of a billing error within Thirty (30) days after any alleged billing error appears on any account statement, such fee(s) shall be deemed acceptable by You for all purposes, including but not limited to, resolution of inquiries made by Your credit card issuer. You hereby release Us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Us within Thirty (30) days of its publications.
Termination of Your Membership or User Account -
You may cancel Your membership at any time by visiting this link: http://www.customerhelponline.com. This Agreement's provisions shall survive its termination, unless otherwise stated. Upon Our processing of Your request to cancel Your member account, You will no longer have access to the non-public areas of the Site to which You were a member.
Without limiting other remedies, We may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate Your access and use of the Site and Services at any time, with or without advance notice, if:
- We believe, in Our sole discretion, that You have breached any material term of this Agreement or the document(s) it incorporates by reference;
- We are unable to verify or authenticate any information You provide to Us;
- We believe, in Our sole discretion, that Your actions may cause legal liability for You, Our Users or Us; or
- We decide to cease operations or to otherwise discontinue any services or options provided by the Site or parts thereof.
You agree that neither Us nor any third party acting on Our behalf shall be liable to You for any termination of Your account or access to any part of the Site or Services.
You agree that if Your access is terminated by Us, You will not attempt to regain access to the Site using the same or different username without prior written consent from Us.
In order to maintain the integrity of the Site and Services, or to investigate complaints, You agree to allow Us to access Your account and any other information You have submitted or created for as long as reasonably required to investigate the complaint or protect the Services.
You agree that You will not use Our Services to publicly discuss any infractions, warnings, or bannings. You must discuss any concerns about such topics with Us directly.
If You provide any information that is untrue, inaccurate, not current or incomplete, or if We or any of Our authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate Your account and refuse any and all current or future use of the Site and Services by You, as well as subjecting You to criminal and civil liability. If applicable, You are responsible for any credit card charge-backs, dishonored checks and any related fees that Site incurs with respect to Your account. If You fail to reimburse Us for any credit card charge-backs, dishonored checks, or related fees within thirty (30) days of Our initial demand for reimbursement, You agree that You will pay Us one hundred dollars ($100.00) in additional liquidated damages as well as any costs incurred by Us for each fee incurred.
The Site and its affiliates disclaim any and all liability arising from fraudulent entry and use of the Site. If a user fraudulently obtains access, the Site may terminate membership immediately and take all necessary and appropriate actions under applicable federal, state, and international laws.
We take credit card fraud very seriously. Discovery that any member has used a stolen or fraudulent credit card will result in the notification of the appropriate law enforcement agencies and termination of such member's account.
4. General Use of the Service Permissions and Restrictions
We hereby grant You permission to access and use the Services as set forth in these Terms of Service, provided that:
- You agree not to distribute in any medium any part of the Services or the Content without Our prior written authorization, unless We make available the means for such distribution through functionality offered by the Service (such as our embeddable player);
- You agree not to alter or modify any part of the Services;
- You agree not to access Content through any technology or means other than the video playback pages of the Services itself, our embeddable player, or other explicitly authorized means We may designate;
- You agree not to use the Services for any of the following commercial uses unless you obtain Our prior written approval:
- the sale of access to the Services;
- the sale of advertising, sponsorships, or promotions placed on or within the Services or Content; or
- the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Services, unless other material not obtained from the Site appears on the same page and is of sufficient value to be the basis for such sales.
- Prohibited commercial uses do not include:
- uploading an original video to the Site, or maintaining an original channel on the Site, to promote Your business or artistic enterprise;
- showing Our videos through Our embeddable player on an ad-enabled blog or website, subject to the advertising restrictions set forth above; or
- any use that We expressly authorizes in writing.
- If you use Our embeddable player on Your website, You may not modify, build upon, or block any portion or functionality of the embeddable player, including but not limited to links back to the Site;
- You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Services in a manner that sends more request messages to the Site's servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, the Site grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Site reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Services, nor to use the communication systems provided by the Services (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Services with respect to their Content; and
- In Your use of the Service, you will comply with all applicable laws.
- We reserve the right to discontinue any aspect of the Services at any time.
5. Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to Your use of Content.
- The Content on the Services, and the trademarks, service marks and logos ("Marks") on the Services, are owned by or licensed to the Site, subject to copyright and other intellectual property rights under the law;
- Content is provided to you AS IS. You may access Content for Your information and personal use solely as intended through the provided functionality of the Services and as permitted under these Terms of Service. You shall not download any Content unless You see a “download” or similar link displayed by the Site on the Services for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of the Site or the respective licensors of the Content. The Site and its licensors reserve all rights not expressly granted in and to the Services and the Content;
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein; and
- You understand that when using the Service, You will be exposed to Content from a variety of sources, and that We are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that You may be exposed to Content that is 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 Us with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless the Site, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to Your use of the Services.
6. Your Content and Conduct
- As a freegaypornhdtube.com account holder, You may submit Content to the Services, including videos and user comments. You understand that freegaypornhdtube.com does not guarantee any confidentiality with respect to any Content You submit;
- You shall be solely responsible for Your own Content and the consequences of submitting and publishing your Content on the Services. You affirm, represent, and warrant that You own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and You license to the Site all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service;
- For clarity, You retain all of your ownership rights in your Content. However, by submitting Content to the Site, You hereby grant the Site a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and the Site's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access Your Content through the Services, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Services and under these Terms of Service. The above licenses granted by You in video Content You submit to the Service terminate within a commercially reasonable time after You remove or delete Your videos from the Services. You understand and agree, however, that We may retain, but not display, distribute, or perform, server copies of Your videos that have been removed or deleted. The above licenses granted by You in user comments You submit are perpetual and irrevocable;
- You further agree that Content You submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless You have permission from the rightful owner of the material or You are otherwise legally entitled to post the material and to grant the Site all of the license rights granted herein;
- You further agree that You will not submit to the Services any Content or other material that is contrary to the Site's Community Guidelines, currently found at http://www.freegaypornhdtube.com/legal.html#community, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations; and
- The Site does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and We expressly disclaim any and all liability in connection with Content. We do not permit copyright infringing activities and infringement of intellectual property rights on the Service, and We will remove all Content if properly notified that such Content infringes on another's intellectual property rights. We reserve the right to remove Content without prior notice.
7. Account Termination Policy
- We will terminate a user's access to the Services if, under appropriate circumstances, the user is determined to be a repeat infringer.
- We reserve the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement. We may at any time, without prior notice and in Our sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, freegaypornhdtube.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. freegaypornhdtube.com 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 (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN 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 SERVICES. freegaypornhdtube.com DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND freegaypornhdtube.com 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.
9. Limitation of Liability
IN NO EVENT SHALL THE 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 (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) 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 SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 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 freegaypornhdtube.com SHALL NOT BE LIABLE FOR CONTENT 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.
The Services are controlled and offered by the Site from its facilities in the Republic of Seychelles. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the fullest extent permitted by applicable law, You agree to defend, indemnify and hold harmless the 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: (i) Your use of and access to the Services; (ii) Your violation of any term of these Terms of Service; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that Your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and Your use of the Services.
11. Ability to Accept Terms of Service
You affirm that You are either more than 18 years of age, or the age of majority in the jurisdiction which You are accessing any portion of the Services.
12. Jurisdiction and Choice of Law
The material and all other content in and on this Site are presented solely for the purpose of providing entertainment and information.
You agree that the Services shall be deemed solely based in the Republic of Seychelles and the Services shall be deemed a passive website that does not give rise to personal jurisdiction over the Site, either specific or general, in jurisdictions other than the Republic of Seychelles.
In the event that You or the Site commences any claims, actions, formal legal action, or arbitration to interpret and/or enforce any of the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorneys' fees and costs incurred in connection therewith, including attorneys' fees incurred on appeal.
We make no representation(s) of any kind whatsoever that the Site or any of the material located on the Site are appropriate or available for use in other locations, and access to them from territories where their subject matter may be illegal or is otherwise prohibited. Those who choose to access the Site from any such location(s), do so at their own risk shall be solely responsible for compliance with all applicable local laws and regulations.
YOU AND THE SITE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Any notice required under these Terms of Service or in any of your interactions with the Site may be provided by email to a functioning email address of the party to be noticed, by a general posting on the Site, or personal delivery by a commercial carrier. Notices shall be deemed effective upon delivery. Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the party to be notified, shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, facsimile machine, email server, or overnight delivery service.
Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this section of these Terms of Service.
14. Force Majeure
You agree that We are not responsible to You for anything that We may otherwise be responsible for, if it is the result of events beyond Our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond Our control.
If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the Parties relating to the matters contained herein.
We reserve all rights afforded to Us under these Terms of Service as well as under the provisions of any applicable law. Our non-enforcement of any particular provision of these Terms of Service or any applicable law shall not be construed as Our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
You may not assign Your rights and/or obligations pursuant to these Terms of Service to any other party without Our prior written consent. We reserve the right to assign Our rights and/or obligations pursuant to these Terms of Service to any other party in Our sole and absolute discretion.
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms of Service.
19. Complete Agreement
Nothing further follows.
Last Updated: 09/13/2013
Thank you for visiting our website, a Foshan Limited (“Foshan”) product and/or service ("we" “our” or "us"). Your privacy is important to us. To better protect your privacy, we provide this policy explaining our online information practices and the choices you can make about the collection and use of the personally identifiable information you submit on our online and mobile websites, services, and applications (“Site” or “Sites”). For certain products and/or services, there may be additional notices about information practices and choices. Please read those additional privacy disclosures to understand how they apply to you.
OUR PRODUCTS AND/OR SERVICES ARE PROVIDED SOLELY TO ADULTS OVER THE AGE OF EIGHTEEN (18) YEARS OR THE AGE OF MAJORITY IN THE JURISDICTION WHICH YOU ARE UTILIZING ANY OF OUR PRODUCTS AND/OR SERVICES. CERTAIN PORTIONS OF OUR PRODUCTS AND/OR SERVICES MAY CONTAIN CONTENT CONSIDERED OFFENSIVE TO SOME, AND ARE INACCESSIBLE TO INDIVIDUALS UNTER THE AGE OF EIGHTEEN (18) YEARS OR THE AGE OF MAJORITY IN THE JURISDICTION WHICH YOU ARE UTILIZING ANY OF OUR PRODUCTS AND/OR SERVICES. FOR THOSE PORTIONS OF OUR PRODUCTS AND/OR SERVICES THAT MAY BE ACCESSIBLE TO INDIVIDUALS UNDER THE AGE OF EIGHTEEN (18) YEARS OR THE AGE OF MAJORITY IN THE JURISDICTION WHICH YOU ARE UTIZLING ANY OF OUR PRODUCTS AND/OR SERVICES, SUCH AS ANY OF OUR SITES’ HOMEPAGES AND OTHER AREAS PRESENTING NON-OFFENSIVE CONTENT, WE HAVE NO INTENTION OF COLLECTING ANY PERSONALLY IDENTIFABLE INFORMATION. PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS OR THE AGE OF MAJORITY IN THE JURISDICTION WHICH YOU ARE UTILIZING ANY OF OUR PRODUCTS AND/OR SERVIFCES SHOULD NOT SUBMIT ANY INFORMATION TO ANY OF OUR SITES. IF A MINOR HAS PROVIDED US WITH ANY PERSONALLY IDENTIFIABLE INFORMATION, A PARENT OR GUARDIAN OF THAT MINOR SHOULD CONTACT US AT THE EMAIL ADDRESS LISTED BELOW IMMEDIATELY.
Registration and account information collected. At some of our Sites, you can register to order products and/or services, become a member, read user reviews, enter contests, vote in polls, rate products and/or services, or otherwise express an opinion, subscribe to one of our services such as our electronic newsletters, or participate in one of our online forums or communities. In the course of using our Sites, we may ask you to create an account or complete an application by providing us with certain personally identifiable information that can be used to contact or identify you, as well as to administer your account. The types of personally identifiable information that you provide as part of your account may include: name, address, e-mail address, telephone number, fax number, credit card and billing information, and other information that you provide to us.
Social media. You can also engage with our content and other offerings, such as videos, and applications, on or through third-party social media sites, plug-ins and applications. You may also choose to link your account with us to third party social media sites. When you link your account or engage with our content on or through third party social media sites, services, plug-ins, or applications, you may allow us to have ongoing access to certain information from your social media account. We may also receive non-personally identifiable information from your interaction with our content.
Providing requested information. In some cases, only persons who provide us with the requested personally identifiable information will be able to order products, and services, or otherwise participate in the Site's offerings.
Technical and usage information. We also collect certain non-personally identifiable information when you use our Sites such as but not limited to, the type of browser you are using, the type of operating system you are using, the domain name of your Internet service provider or mobile carrier, IP address, and certain usage information.
Providing our products and services. We use the information we collect about you to fulfill your requests for our products, programs, and services, to respond to your inquiries about our offerings, to provide, personalize, and improve our offerings and to offer you other products, programs or services from us and our affiliates, business partners, and selected third parties that we believe may be of interest to you.
The information we collect in connection with our online forums and communities is used to provide an interactive experience. We use this information to facilitate participation in these online forums and communities and, from time to time, to offer you products, programs, or services.
If you choose to submit content for publication, we may publish your screen name and other information you have provided to us on our Sites, the Internet, or elsewhere. Any content that you submit for publication shall immediately and irrevocably become our sole and exclusive property.
Communications. We use information about you to communicate with you, including but not limited to: to notify you when you have won one of our contests or when we make changes to our user agreements, to fulfill a request by you for an online newsletter, to confirm purchases you have made through our Sites, or to contact you about your account with us. You may also choose to receive push notifications from us on your mobile device.
We use the information that you provide about others to enable us to send them invitations, gifts, cards, or other content on your behalf or through our Sites. From time to time, we also may use this information to offer products, programs, or services to them.
Use of non-personally identifiable information. We use aggregate information about our users and non-personally identifiable information that we collect to improve the design, functionality and content of our Sites and to enable us to personalize your experience with our Sites and offerings. We use this information to (i) provide, maintain, personalize, protect, improve, and develop our products, programs, and services and to operate our business, (ii) to analyze usage and performance of our Sites, and (iii) for us and our affiliates, business partners, and selected third parties to offer you products, programs, or services.
You understand and agree that we maintain the option, in our sole and absolute discretion, to inform you of any disclosure of your personally identifiable information for legal and law enforcement purposes.
Change of control. We may transfer any information about you in the event of a business transaction, such as if we or one of our business units or our relevant assets are acquired by, sold to, or merged with another company.
Our Vendors and service providers. Our agents, employees and contractors may have access to personally identifiable information to help carry out the services they are performing for us.
We may also share such information with business partners and third parties, such other marketers, publishers, retailers, participatory databases and non-profit organizations, that want to market products or services to you.
Linked third-party sites. Some of our Sites contain links to other sites whose information practices may be different from ours. You should consult the other sites' privacy policies before submitting any information, as we have no control over information that is submitted to, or collected by, these third parties. We make no representations or warranties as to any content located on any linked sites and you hereby assume all risks associated with visiting said linked sites.
Sponsors and co-promotions. We sometimes may offer content or programs that are sponsored by or co-branded with identified third parties. By virtue of these relationships, the third parties may obtain personally identifiable information that visitors voluntarily submit to participate in the activity. We have no control over these third parties' use of this information.
Marketing Communications. We provide you with an opportunity to express your preferences with respect to receiving certain marketing communications from us or from unaffiliated third parties. If you ever decide in the future that you would like to update these preferences, (i) you may log into your account if you have created an account with us at one of our Sites to adjust your settings, (ii) you may follow the “unsubscribe” instructions provided in any marketing email you receive from us, or (iii) you may send us an email at email@example.com and we will edit your preferences accordingly. If you previously chose to receive push notifications on your mobile device from us but no longer wish to receive them, you can manage your preferences either through your device or app settings, depending on the type of device.
Uninstalling a Mobile Application. If you no longer wish to have any information collected by the Site, you may uninstall the application by using the standard uninstall processes available on your mobile device or via the mobile application marketplace or network. We make no representation of any kind as to the accessibility or stability of your wireless network and/or cellular service provider.
Cookies and Web beacons. We, and our affiliates, third party service providers, and our business partners may send "cookies" to your computer or use similar technologies to enhance your online experience at our Sites. "Cookies" are files that can identify you as a unique customer and store your personal preferences as well as technical information. Cookies manage and measure the performance of advertisements displayed on or delivered by or through us and/or other networks or sites. Cookies can either be persistent (i.e., they remain on your computer until you delete them) or temporary (i.e., they last only until you close your browser).
Some of our Sites may use locally stored objects (sometimes referred to as "Flash cookies") to provide certain content, such as video on demand, video clips, or animation. Adobe's Flash player and similar applications use this technology to remember settings, preferences, and usage similar to browser cookies. Flash cookies are not managed through your web browser, but you can access your Flash management tools from Adobe's web site.
We may also use "Web beacons" that monitor your use of our Sites. Web beacons are small strings of code that provide a method for delivering a graphic image on a Web page for the purpose of transferring data, such as the IP (Internet Protocol) address of the computer that downloaded the page on which the Web beacon appears, the URL (Uniform Resource Locator) of the page on which the Web beacon appears, the time the page containing the Web beacon was viewed, the types of browser that fetched the Web beacon and the identification number of any cookie on the computer previously placed by that server.
When corresponding with you via HTML capable email, Web beacons let us know whether you received and opened our email.
On their own, cookies or Web beacons do not contain or reveal any personally identifiable information. However, if you choose to furnish personally identifiable information, this information can be linked to the data stored in the cookies/Web beacons.
To help protect your privacy and security, we will take reasonable steps to help verify your identity before granting access or making corrections.
- CALIFORNIA RESIDENTS
If you are a California resident, you have the right to receive: a) information identifying any third-party company to whom we may have disclosed, within the past calendar year, personal information pertaining to you and your family for our direct marketing purposes; and b) a description of the categories of personal information disclosed. To obtain such information you must make a request in writing. Your request will not be processed if it does not include your name and email address, the URL for the website you visited, and a return address. We will not honor such requests more than once per calendar year. Please email your request to firstname.lastname@example.org.
Our services may be subject to Canadian law, and in specific in relation to online privacy, to the Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5). If you believe that we have violated your privacy rights in any way, please contact us immediately at email@example.com. You may visit www.priv.gc.ca for more information about your privacy rights.
Nothing further follows.
Digital Millenium Copyright Act (“DMCA”)
Copyright Infringement Notification Instructions
Thank you for visiting our website (the "Website"). These Copyright Infringement Notification Instructions are for copyright related claims only. Should you have any comments, questions, concerns, or issues related to abuse, harassment, inappropriate content, or privacy issues, please email us at firstname.lastname@example.org.
By utilizing the Website you agree that you have consulted with an attorney of your own choosing and at your own expense in order to fully understand all of your legal rights and obligations as a result of utilizing the Website and these Copyright Infringement Notification Instructions.
WARNING: PURSUANT TO 17 U.S.C. § 512(k), ANY PERSON WHO KNOWINGLY MATERIALLY MISPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING MAY BE SUBJECT TO LIABILITY OR DAMAGES. DO NOT MAKE FALSE CLAIMS OF COPYRIGHT INFRINGEMENT.
Should you desire to review the full Bill Text of the Digital Millenium Copyright Act (“DMCA”), you may click HERE or should you desire to review a memorandum summarizing each title of the DMCA you may click HERE. The information contained at the afore-mentioned linked webpages is for your convenience only and we make no promises or representations related to the information contained therein including its accuracy.
Pursuant to 17 U.S.C. §512(k)(1) of the DMCA, this Website is a “Service Provider” and is entitled to certain protections commonly referred to as the “Safe Harbor” provisions.
Claim of Infringement-
If you believe that someone has posted material that infringes your copyright, a notification of a claimed copyright infringement must be provided via email or regular mail to us and must include the following information (the list below comes substantially straight from the statute 17 U.S.C. §512(c)(3); if you do not understand the language please seek independent legal advice):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
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 permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Please send your Claim of Infringement to:Corey D. Silverstein, Esq.
Law Offices of Corey D. Silverstein, P.C.
30150 Telegraph Road, Suite 444
Bingham Farms, MI 48025
Failure to submit copyright infringement notifications as described above will result in no legal notice or action on behalf of Foshan Limited.
Claim of Infringement Counter-Notification-
If you have received a Copyright Infringement Notification and you feel that material you have placed online that has been removed following an infringement complaint is in fact not an infringement, you may file a counter- notification. 17 U.S.C. §512 (g)(3) requires that to be valid, the counter-notification must be written and addressed to our designated agent (listed above) and must provide the following information (the list below comes straight from the statute; if you do not understand the language please seek independent advice):
Identification of the specific URLs of material that the Website has removed or to which the Website has disabled access;
Your full name, address, telephone number, and email address;
The statement: "I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which the Website is located, and will accept service of process from the claimant";
The statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
Signature. A scanned physical signature or a valid electronic signature will be accepted.
Our designated agent will present your counter-notification to the Complaining Party. Once your counter- notification has been delivered, Foshan Limited., is allowed under the provisions of 17 U.S.C. §512 to restore the removed material in no less than 10, nor more than 14, business days, unless the Complaining Party notifies us that it has filed an action seeking a court order to restrain you, the subscriber, from engaging in infringing activity related to the material on Foshan Limited 's system or network.
Please note that when we forward the counter-notification to the Complaining Party, it includes your personal information. By submitting a Counter-Notification, you consent to having your information revealed in this way.
Foshan Limited is not required to respond to counter-notifications that do not meet the requirements above.
Claim of Infringement Retractions-
In the event that after you submit a Copyright Infringement Notification, you realize that you have either misidentified content, failed to comply with the requirements of the DMCA or that you simply changed your mind, you may retract your Copyright Infringement Notification by sending us a Notification of Retraction with all of the following:
A statement indicating that you are retracting your Copyright Infringement Notification;
The complete and specific URL of the material in question;
An electronic signature; and
A copy of your original Copyright Infringement Notification.
This Website terminates the account(s) of any repeat copyright infringer, when appropriate and maintains a Repeat Infringer Policy pursuant to 17 U.S.C. § 512(i).
* * *
These Copyright Infringement Notification Instructions may be and shall be modified from time to time without notice. You are solely responsible for regularly reviewing these Copyright Infringement Notification Instructions.
Our Copyright Infringement Agent is not associated with this Website or the legal entity that controls this Website. Do not send any other information or material to our DMCA Agent.
Last Updated: 06/07/2013
Without our express written authorization, You may not:
- Upload, post, or otherwise make available files or products that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consents to do same;
- Upload, post, email or otherwise transmit any submission that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm or unlawfully exploit minors in any way (including but not limited to uploading, posting, emailing, or otherwise transmitting any submission involving a minor);
- Upload, post, email otherwise transmit any submission depicting animal cruelty;
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Forge headers or otherwise attempt to disguise the origin of any submission transmitted through the freegaypornhdtube.com;
- Upload, post, email or otherwise transmit any submission that You do not have a right to transmit under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that We may designate for such purpose;
- Interfere with or disrupt freegaypornhdtube.com, or servers or networks connected to freegaypornhdtube.com, or disobey any requirements, procedures, policies or regulations of networks or third party providers connected to, or providing freegaypornhdtube.com;
- Intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
- "Stalk" or otherwise harass another member or User of freegaypornhdtube.com;
- Collect or store personal data about other Users, or Members, including via the use of any data mining, bots, or similar data gathering and extraction tools;
- Duplicate any part of freegaypornhdtube.com or the materials contained therein or received via the Services (except as expressly provided elsewhere);
- Create any derivative works based on freegaypornhdtube.com or any of the materials contained therein or received via the Services, and You agree and stipulate that any and all derivative works are NOT "fair use";
- Use freegaypornhdtube.com or the Services, or any of the materials contained therein, for any public display, public performance, sale or rental, and You hereby agree and stipulate that any and all such uses are NOT "fair use";
- Re-distribute or "scrape" freegaypornhdtube.com or any of the materials contained therein or received through the Services, and You hereby agree and stipulate that any and all such uses are NOT "fair use";
- Remove any copyright or other proprietary notices from freegaypornhdtube.com or any of the materials contained therein;
- Frame or utilize any framing techniques in connection with freegaypornhdtube.com or any of the materials contained therein;
- Use any meta-tags or any other "hidden text" using freegaypornhdtube.com's name or marks, and You hereby stipulate that any use of freegaypornhdtube.com's name or marks, or any other marks owned by Us is an infringement upon Our trademark rights, and You stipulate to liquidated damages of five thousand dollars ($5,000) per such infringement, plus You agree to pay any and all fees incurred in the recovery of this amount, including attorney's fees and all associated costs;
- Circumvent any encryption or other security tools used anywhere on freegaypornhdtube.com or in conjunction with the Services (including the theft of user names and passwords or using another person's user name and password in order to gain access to a restricted area of freegaypornhdtube.com);
- Sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the materials or Services or any of Your rights to access and use the materials or Services as granted specifically by freegaypornhdtube.com's Terms of Service;
- Use Our Services for any commercial purpose unless expressly agreed to by Us in writing and at Our sole discretion. Without such consent by Us, Your use of the Site and Services is strictly for personal use;
- Share any information provided to You by another member unless such member has given you permission to do so;
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's property or of freegaypornhdtube.com and Services;
- Download any file posted by another user of a Service that You know, or reasonably should know, cannot be legally distributed in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- Restrict or inhibit any other user from using and enjoying the Services;
- Publish falsehoods or misrepresentations that could damage freegaypornhdtube.com or any third party;
- Post advertisements or solicitations of business;
- Use the Services in connection with unlawful contests, lotteries, or gambling; pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
- Organize and/or participate in any funds transfer or any asset transfer arrangement organized by any member You meet on freegaypornhdtube.com;
- Request or send money, or any other form of financial assistance, from or to any member that You encounter on this Site;
- Harvest or otherwise collect information about others, including e-mail addresses or other personally-identifiable information;
- Create a false identity, including misrepresented real age, location, country of residence, country of origin, religion, height, weight, and any other item of personal description for the purpose of misleading others;
- Provide personal contact information such as email address, telephone numbers, street address or similar personally-identifying information in Your member profile or any other publicly-viewable posts.
Effective Date: January 05, 2014
Last Modified: September 11, 2014
Main Office: Oikawa Limited - Suite 9 Ansuya Estate, Revolution Avenue, Victoria, Mahe, Seychelles
Welcome to our website. When you sign up for or otherwise use any service within the OnWebcam.com website (the "Site," "we," "our," "us," or other appropriate first-person terms), all of which services are hereinafter referred to collectively as the "Service," you agree to all of the terms and conditions of this Agreement. Please read the following terms and conditions carefully, as they form the agreement between you, the website user (sometimes referred to herein as "User," "you," "your," or other appropriate second-person terms), and the Site (such agreement is referred to herein as the "Agreement"). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE, AND SHOULD NOT PROCEED TO REGISTER OR OTHERWISE USE THE SERVICE. BY USING THE SERVICE, YOU ARE DEMONSTRATING YOUR WILLINGNESS TO BE BOUND BY THIS AGREEMENT, INCLUDING ALL AMENDMENTS MADE FROM TIME TO TIME.
- Right to Use. Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole and absolute discretion. We may alter, suspend or discontinue any aspect of the Service or the Site at any time whatsoever, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.
- Age of Majority. You represent, warrant and covenant that you are at least 18 years old or the age of majority in your jurisdiction, whichever is older (the "Age of Majority"). The Site and Service are intended for adults only. By using the Site and Service you agree that you have reached the Age of Majority. We reserve the right to terminate your account if we, in our sole and absolute discretion, believe you are in violation of this section. We additionally reserve the right to terminate your account and report you to the proper authorities in the event that we suspect, in our sole and absolute discretion, that someone who is not the Age of Majority has used your account.
- Child Pornography.
- All depictions of all persons on the Site are provided under an obligation of the producer to upload or stream videos or images portraying persons over the age of eighteen (18) as of the date of the production of the depiction.
- If you seek any form of child pornography (including so-called "virtual" child pornography), You must exit the Site immediately. We do not provide this kind of material and we do not tolerate those who provide this kind of material, nor do we tolerate consumers of this kind of material.
- In order to further our zero-tolerance policy, you agree to report to us, any images which you have reason to believe depict minors on the Site. Include with your report any appropriate evidence, including the date and time of identification. All reports will be investigated and the appropriate action will be taken based upon our reasonable ability to verify the evidence provided.
- We enthusiastically cooperate with any law-enforcement agency investigating child pornography. If you suspect other outside websites are participating in unlawful activities involving minors, please report them to asacp.org.
- Code of Conduct. You agree to use the Service in accordance with the following Code of Conduct:
- You are solely responsible for any information that you post, display or say through the Site and/or Service. You agree to keep all information contained on or provided through the Site and/or Service as private and confidential, and agree not give such information to anyone without the permission of the person who provided it to you;
- You are aware that the Service contains explicit adult oriented materials provided only by and to consenting users who are at least the Age of Majority;
- You will not use the Service to engage in any form of harassment or offensive behavior, including, but not limited to, the posting or sharing of any message, picture or recording, which contains libelous, slanderous, harassing, abusive or defamatory statements, or racist, obscene, offensive or other language which does not coincide with your local laws and community standards;
- Performers are allowed to freely interact with other performers on the Site, or they may choose to block other performers from communicating with them, and it is completely up to the performer to choose who they talk to on the Site and they may ignore anyone and may ban anyone from communicating with them;
- You will not post any message, picture or recording or use the Service 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, or
- is fraudulent or otherwise constitutes unlawful conduct in connection with your use of the Service or violates any law.
- Without our prior written approval, you will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services;
- Your access to the Service is for your own personal use. You may not allow others to use the Service and you may not transfer accounts to other users;
- You will not use the Service to infringe on any privacy right, property right, or other civil right of any person; and
- You will not forward any chain letters, advertisements, spam, or any such commercial message through the Service.
- Illegal and Prohibited Conduct. In addition to the foregoing "Code of Conduct," performers appearing on the Site are prohibited from doing any of the following:
- There can be no minors, children, babies or unauthorized persons on camera or in the same room;
- Bestiality, or animals/pets on camera in a sexual or provocative context, illegal drugs (or drugs that may be perceived as illegal in other locations, e.g. medicinal marijuana), are strictly prohibited;
- Consumption of alcohol is not allowed;
- Performing while intoxicated, whether from drugs or alcohol, is strictly prohibited;
- Incest (sexual relations involving family members) is not allowed;
- Illegal or unsafe activity of any kind, violence, blood, torture, pain, erotic asphyxiation, or any actions associated with bringing harm to you, in any way, is prohibited;
- A performer may not discuss or arrange prostitution or escort services;
- Any action that may be deemed obscene in your community is prohibited;
- Performers may exchange information with members of the Site, including contact information, but performers MAY NOT use members' information to provide webcam shows or receive payments outside of the Site;
- Performers are not allowed to advertise commercial websites that offer live webcam streams, under any circumstances, but performers MAY mention their own personal profiles, homepages and wish lists;
- Performers are not allowed to ask for members' account information or to log in using accounts that do not belong to them;
- Performers trying to deceive members by playing recorded video instead of actually being live on webcam will be immediately banned.
The foregoing list is non-exclusive, and we may, at any time, prohibit any activity that we determine, in our sole and absolute discretion, to be inappropriate. We reserve the right to terminate or suspend your access to all or part of the Service at any time, with or without notice, for engaging in any inappropriate activity.
- Content Posted on the Site.
- By agreeing to the Terms and Conditions of this Agreement, you represent and warrant that all images you upload to the Site do not in any way infringe on any third party's intellectual property rights. The Site hereby asserts immunity with respect to all content provided by members or other third parties, as provided by law, including, but not limited to, under the Communications Decency Act. Members and others are prohibited from uploading, sharing or in anyway sharing or describing to anyone on or through the Site/Service any images or matters which, in our sole opinion, might be illegal or offensive, including, but not limited to, any content involving bestiality, urination, other bodily excretions, defamatory material or otherwise obscene material or any conduct that violates the prohibitions set forth under the "Code of Conduct," above, or any other provision of this Agreement. You may not use the Service or the Site to solicit any information that might be used for unlawful purposes or encourages unlawful activities.
- We do not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, the "Materials") that you transmit, submit, display or publish ("post") on, through or in connection with the Service. After posting the Materials on, through or in connection with the Service, you continue to retain any such rights that you may have in them, subject to the license herein. By posting the Materials on, through or in connection with the Service, you hereby grant to the Site a non-exclusive, fully-paid and royalty-free, sub-licensable, and worldwide license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute the Material, including, without limitation, distributing part or all of the Materials, in any media formats and through any media channels. In addition to the foregoing license, you hereby authorize us to send takedown demands, pursuant to the United States' Digital Millennium Copyright Act (the "DMCA"), to any service provider hosting reproductions of the Materials that have been taken from the Site (e.g., a video clip bearing our watermark).
- Unless otherwise stated in these Terms and Conditions, you may not use the Site or Service for commercial purposes, including, but not limited to, marketing, advertising of goods or services, any investment opportunities, contests, or similar activities. Additionally, the Site reserves the right, in the Site's sole discretion, to immediately suspend your account, file for injunctive relief, file for civil redress and/or report any conduct that violates these terms and conditions to any and all law enforcement that may have jurisdiction over the matter. In the event any actions or proceedings are brought against the Site as a result of content you have shared in, or as a result of you engaging in any prohibited activities, you agree to indemnify and hold the Site harmless with respect to all costs and expenses, including, but not limited to, attorneys' fees that the Site may incur as a consequence of your posting of such content or engaging in such prohibited activities.
- Members' Obligations Under 18 U.S.C. § 2257. You should be aware that, pursuant to federal law, any visual depictions that you post, share or perform on the Site which portray actual sexually explicit conduct, depictions of the genitals or pubic area, or simulated sexually explicit activity, as such terms are defined in 18 U.S.C. §§ 2256(2)(A)(i)-(iv) and 2257A, require that you maintain the records required by 18 U.S.C. § 2257, and any such postings must contain an "18 U.S.C. § 2257 Record-Keeping Requirements Compliance Statement." Your failure to comply with the provisions of 18 U.S.C. § 2257 may make you subject to criminal and civil prosecution for the violation of United States federal law.
- Use of Information on Service. You acknowledge and agree that:
- We cannot ensure the security or privacy of information you provide through the Internet, or otherwise; you release us from any and all liability in connection with the breach of the security of such information and/or messages and with respect to the use of such information by other parties;
- We are not responsible for, and cannot control, the use of any information, by anyone, which you provide to any other parties or the Service and you should use caution in selecting the personal information you provide to others through the Service;
- We cannot assume any responsibility for the content of any message sent by any user on the Service, and you release us from any and all liability in connection with the content(s) of any communication(s) you may receive from other users;
- You acknowledge that you cannot bring legal action against the Site or any of its employees, officers or agents for any damages of any kind, under any theory, as a consequence of using the Service;
- Any and all images uploaded to the Service and/or Site become property of the Site and may be used by the Site, without any restriction(s), as marketing materials. By accepting this Agreement and its Terms and Conditions you specifically authorize us to use any images you upload to the Site/Service for marketing the Site and Service in our sole discretion; and
- You may not use the Service for any unlawful purpose. We may refuse to grant you or discontinue your use of a user name, for whatever reason, including, but not limited to, that the user name you have chosen impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.
- Offline Meetings. We do not recommend or condone any form of user interaction outside of the Site. Use of the Site to arrange face-to-face meetings for the purpose of engaging in illegal activity is strictly prohibited and will subject your account to immediate termination. If you do elect to legally interact with any member of the Service outside of the Site, you do so at your own risk, and you acknowledge and agree that we are not responsible for any consequences of such election to interact outside of the Site.
You should, at a minimum, consider the following precaution if meeting or corresponding with anyone on any social networking website:
- Anyone who is able to commit identity theft can also falsify a member profile;
- There is no substitute for acting with caution when communicating with any stranger who wants to meet you;
- Never include your last name, email address, home address, phone number, place of work, or any other identifying information in your member profile or initial email messages. Stop communicating with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it;
- If you choose to have a face-to-face meeting with another member, always tell someone in your family or a friend where you are going and when you will return. Never agree to be picked up at your home. Always provide your own transportation to and from the meeting, which should be in a public place with many people around.
- Your Representations and Warranties. By using the Service, you thereby affirmatively acknowledge, represent, and warrant the truth and accuracy of each of the following statements:
- You are not prohibited by law from using the Service and that you have the right, authority and capacity to enter into this Agreement and to abide by all of its Terms and Conditions as posted here and as amended from time to time;
- You are familiar with the laws in your area that may affect your legal right to access erotica or adult-oriented material, and you have the legal right to access such material and the Site has the legal right to transmit such material to you in your location;
- You understand that, through use of the Service, you will be exposed to visual images, verbal descriptions audio sounds and other features and/or products of a sexually oriented, frankly erotic nature, which may include graphic visual depictions and descriptions of nudity and sexual activity, and you are voluntarily choosing to do so, because you want to view, read and/or hear the various materials and/or order and enjoy the use of such products or features, which are available, for your own personal enjoyment, information and/or education;
- Your choice to use the Service is a manifestation of your interest in sexual matters which, you believe, are both healthy and normal and which, in your experience, is generally shared by average adults in your community;
- You are familiar with the standards in your community regarding the acceptance of such sexually oriented materials, and the materials you expect to encounter through use of the Service are within those standards;
- In your judgment, the average adult in your community accepts the consumption of such materials by willing adults, in circumstances such as those under which the Service is provided, offering reasonable insulation from the materials for minors and unwilling adults, and will not find such materials to appeal to a prurient interest or to be patently offensive;
- It is your desire to share and/or to invite others to share your own private and personal behaviors and to comment, rate, criticize, organize and recommend based on what you are exposed to, by utilizing the Services, while inviting others to do the same;
- You have not notified any governmental agency, including the U.S. Postal Service, that you do not wish to receive sexually oriented material;
- The Site provides access to an online service comprising information and materials created and posted, uploaded, or streamed by you and other users (each a "Contributor");
- Video and images on the Site that are available for viewing (collectively, the "Content") are stored on or streamed through our servers at the direction of our users;
- Any modification of the Content that is uploaded or streamed by our users, such as the addition of a watermark, is performed by an automated process. Accordingly, as the Contributor is aware that such modifications shall take place automatically upon transmission, the Contributor shall be deemed the party responsible for such automatic modification and shall be considered the "author" of such automatically modified Content. The Site is not responsible for modifications that occur to Content as part of its automatic transmission process;
- Any review of uploaded or streamed Content that may be performed by the Site before or after making such Content available to the public is cursory and only intended to identify immediately obvious violations of this Agreement. Accordingly, and despite any such gate keeping, the Contributor uploading or streaming any Content shall be deemed the party at whose direction that Content is available to others through use of the Service;
- The Site has never directed, and never will direct, its users to upload or stream Content that infringes upon any right belonging to a third party. Uploading or streaming Content that infringes on third-party rights constitutes a direct and material violation of this Agreement and will subject the uploading or streaming Contributor's account to suspension and/or termination, where appropriate;
- The Site correctly presumes that the Contributor uploading or streaming any Content is the sole holder of all exclusive rights to that Content, except where the Content alone bears some obvious indication to the contrary, such as a visible proprietary marking identifying a person or entity other than the Contributor as the exclusive rights holder;
- Where Content has no obvious proprietary marking that indicates an exclusive owner, the Site cannot be deemed to have actual knowledge that such Content infringes upon any third party's rights;
- The Site has no right or ability to control the activities of Contributors who create, post, upload, or stream Content through the Site. In the event that a Contributor infringes upon a third party's rights by creating, posting, uploading, or streaming Content, that Contributor is the sole responsible party for such infringement, and the Site has no control over such activity;
- Apart from identifying an obvious proprietary marking in any Content that indicates an exclusive owner, the Site has no other ability to determine whether the rights appurtenant to a particular piece of Content may belong to a party other than the uploading or streaming Contributor. As the Site's only other means of identifying Content that may infringe upon a third party's rights, the Site relies entirely on properly presented notifications from third parties claiming that their rights have been violated.
- Notice of Intellectual Property Infringement. The Site respects the intellectual property of others, and we ask our members and others to do the same. We voluntarily observe and comply with the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Service's Designated Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on a Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
You may send your Notice of Claimed Infringement to:
Corey D. Silverstein, Esquire
30150 Telegraph Road, Suite 444
Bingham Farms, Michigan 48025
Phone: (248) 290-0655
Fax: (248) 645-1222
Please do not send other inquires or information to our Designated Agent, you will not receive any response.
- Virtual Money. The Service may, but is not obligated to, include a virtual, in-app currency ("Virtual Money") including, but not limited to coins, cash, tokens or points, that may be purchased from us for "real-world" money if you are a legal adult in your country of residence. Other than a limited, personal, revocable, non-transferable, non-sub-licensable license to use the Virtual Money in the Service, you have no right or title in or to any such Virtual Money appearing or originating in the Service, or any other attributes associated with use of the Service or stored within the Service. We have the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Money as we see fit in our sole discretion, and we shall have no liability to you or anyone for the exercise of such rights. Transfers of Virtual Money are strictly prohibited except where explicitly authorized within the Service. You may not sell any Virtual Money for "real-world" money or otherwise exchange such items for value. Any attempt to do so is in violation of this Agreement and may result in a lifetime ban from the Site and possible legal action. All Virtual Money that has not been purchased directly by you (e.g., tips from other users, referral commissions, etc.) is forfeited if your account is terminated or suspended for any reason, in our sole and absolute discretion, or if we discontinue providing the Service.
- Tipping. We may, but are not obligated to, permit tipping of Contributors through the Service. To the extent that we decide to permit tipping, you acknowledge and agree that:
- Tipping is done at your own option and risk. Tipping is not required for use of the Service;
- Tipping may only be done using Virtual Money. Contributors may not solicit tips though means of payment other than Virtual Money;
- Tips are a voluntary gratuity and may not be given in exchange for specific services. Promising to give a tip in exchange for performance of any act is strictly prohibited, and such conduct will result in an immediate and lifetime ban from use of the Service;
- All tips are chargeable when made. We will not return a tip made from your account except in situations that are deemed by us, in our sole and absolute discretion, to be extraordinary;
- Tipping does not alter our code of conduct. Giving or receiving tips in exchange for actual or promised conduct in violation of this Agreement is prohibited.
- Pics and Video Purchases. We may, but are not obligated to, permit users to post Materials ("Paid Content") that may only be accessed after payment of a specified amount of Virtual Money. If you post any Paid Content, you represent and warrant that (i) the Paid Content you post will comply in all respects with the terms of this Agreement; and (ii) you have all rights and permissions necessary to post such Paid Content and to permit users to access the same in exchange for payment. We shall have the absolute right to remove any Paid Content, in whole or in part, for any or no reason at all. In the event that Paid Content you post results in chargebacks or refund requests from users who have purchased such Paid Content, we reserve the right to assess a chargeback fee to your account and/or suspend your ability to post Paid Content. By purchasing or accessing any Paid Content, you thereby demonstrate your express acknowledgement and agreement that (i) we are not the source of such Paid Content; (ii) the user posting such Paid Content is solely responsible for any claims or liabilities associated with, arising from, or in any way relating to such Paid Content; (iii) your purchase and/or use of any Paid Content is solely at your own risk; (iv) we have no responsibility for viewing or screening any Paid Content; and (v) you forever release us, and our affiliates, successors, assigns, officers, employees, agents, directors, shareholders and attorneys, from any and all claims and liabilities associated with, arising from, or in any way relating to such Paid Content.
- Fan Clubs. We may, but are not obligated to, permit certain users to create and administer their own fan club on the Site. Eligible performing users may be permitted to set a monthly fee that other users must pay in Virtual Money to be members of the performing users' fan clubs, and we may, but are not obligated to, credit a portion of such payment to the performing users' accounts. We reserve the right to rescind any user's permission to have a fan club for any or no reason at all. In the event that members of your fan club request a refund from us, or institute a chargeback with our payment processor, we reserve the right to assess a chargeback fee to your account and/or suspend your ability to have a fan club on the Site.
- Contests. This section has been temporarily removed as it is currently not applicable to the service.
- Monitoring of Information. We reserve the right, but have no obligation, to monitor any and all messages and chats that take place through the Site. We are not responsible for any offensive or obscene material(s) that may be in anyway transmitted by any and all users (including unauthorized users, as well as the possibility of "hackers"). As noted above, we are also not responsible, under any circumstances, for the use of any personal information, by anyone, that you in anyway transmit through the Service.
- Termination of Access to the Service. We may, in our sole and absolute discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement, or for no reason at all. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to all or part of the Service at our sole discretion, and we reserve the right to refer such activity to any and all appropriate law enforcement agencies.
- Proprietary Information. The Service contains information that is proprietary to us and/or users of the Service. We assert full copyright protection in the Service, including all of the design and code embodied therein. Any information shared or posted by us or users of the Service may be protected whether it is identified as proprietary to us or to the user. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.
- No responsibility. We are not responsible for any incidental, consequential, special, punitive, exemplary, direct or indirect damages of any kind whatsoever, which may arise out of or relate to your use of the Service, including but not limited to lost revenues, profits, business or data, or damages resulting from any viruses, worms, "Trojan horses" or other destructive software or materials, or communications by you or other users of the Service, or any interruption or suspension of the Service, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Service during the previous twelve (12) months. We may discontinue or change the Service or its availability to you at any time, and you may stop using the Service at any time, please see details on cancellation below.
- Security. Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the Service by users using your login and password, including but not limited to use of your login and password by any third party.
- Other Links. The Service may from time to time contain links to other sites and resources ("External Links"). We are not responsible for, and have no liability as a result of, the availability of External Links or their contents.
- No Warranties. The Service is distributed on an "as is" and "as available" basis. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. WHERE PERMITTED BY LAW, YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; NOR DOES THE SITE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Service by the Site or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk.
- Modifications. We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole and absolute discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
- Complaints. To resolve or report a complaint regarding the Service or members who use the Service users should send an email detailing such complaint to email@example.com. In appropriate circumstances, we will take immediate action in order to help solve the problem.
- Registration. You may become a member of the Service by completing an online registration form, which must be accepted by the Site. Upon submission of the online registration form, the Site or its authorized agent will process the application. In connection with completing the online registration form, you agree to:
- provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the "Registration Data"); and
- maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a member.
You must promptly inform the Site of all changes to the Registration Data, including, but not limited to, changes in your address and changes in the credit card information you used in connection with billing for the Service. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Site or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Site has the right to suspend or terminate your account and refuse your current or future use of the Service and Site, as well as possibly subjecting you to criminal and civil liability. You are responsible for dishonored checks and any related fees that we incur with respect to your account.
- Member Account and Password. As part of the registration process, you will be issued a unique user name and password, which you must provide in order to gain access to the non-public portions of the Service. You certify that, when asked to choose a username, you will not choose a name which falsely represents you as somebody else, or a name which may otherwise be in violation of the rights of a third party. We reserve the right to disallow the use of user names that we, in our sole discretion, deem inappropriate. We reserve the right to cancel, at any time, the membership of any member who uses their selected username in violation of these Terms and Conditions or in any other way we, in our sole discretion, deem inappropriate. Your membership, the user name and password are nontransferable and non-assignable. You represent and warrant that you will not disclose to any other person your unique user name or password and that you will not provide access to the Service to anyone who is below the Age of Majority, or otherwise does not wish to view the content on the Site. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. We will not release your password for security reasons. You agree to (a) immediately notify the Site of any unauthorized use of your user name or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You agree that you are solely liable and responsible for any unauthorized use of the Service using your account until you notify the Site by email regarding that unauthorized use. Unauthorized access to the Service is illegal and a breach of this Agreement. You agree to indemnify the Site with respect to all activities conducted through your account. You may obtain access to your billing records upon your reasonable request.
- Promotion of the Site and Service. This section has been temporarily removed as it is currently not applicable to the service.
Billing Errors. If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.
Severability. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
Jurisdictions/Disputes. This Agreement and all matters arising out of or otherwise relating to these Terms and Conditions shall be governed by the laws in effect in Seychelles, without regard to its conflict of law provisions. Except for disputes subject to arbitration, You and the Site hereby submit to the personal jurisdiction of the courts of Seychelles for resolution of all disputes. You and the Site hereby agree that exclusive venue for any litigation under this Agreement shall be with the courts located in Seychelles.
Arbitration. The parties will submit to binding arbitration-conducted under the then current rules of the Commercial Code of the Republic of Seychelles-any dispute between them arising out of these terms, the Website, or its content. This is the exclusive remedy and forum for resolving disputes. Unless the parties agree in writing on another venue, any arbitration conducted under these terms will take place in the Republic of Seychelles before a single arbitrator. The arbitrator will conduct the arbitration and related proceedings in English. The arbitrator will make a determination and issue an award within 30-days of the close of the evidence in the arbitration proceeding. The parties (1) waive the right to a jury trial, (2) agree that the arbitration award will be final and binding, and (3) agree that any court of competent jurisdiction may enter judgment on the award. However, the parties agree that any party may seek immediate judicial intervention to obtain injunctive relief. In addition, any party may bring an action in a court of competent jurisdiction to enforce (1) this provision, and (2) any arbitration award issued under these terms. The parties agree that any court action brought consistent with this provision is not a waiver of the arbitration requirement.
Cancellation By User. You may cancel your membership at any time by visiting our cancellation page. You hereby agree to be personally liable for any and all charges incurred by your user name and password until you terminate your membership as provided herein. In the event that you cancel your account, refunds may be granted for Virtual Money that was directly purchased by you; no funds will be credited to you or can be converted to cash or other form of reimbursement unless those funds were paid by you in purchasing Virtual Money. Upon our processing of your request to cancel your membership, you will no longer have access to the non-public areas of the Service.
Termination By the Site. Without limiting other remedies, the Service may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access and use of the Service and refuse to provide our services to you at any time, with or without advance notice, if: (a) the Site believes that you have breached any of these Terms and Conditions; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause legal liability for you, our users or us; or (d) the Site decides to cease operations or to otherwise discontinue any of the Site or parts thereof. Further, you agree that neither the Site, nor any third party acting on our behalf, shall be liable to you for any termination of your membership or access to the Service. You agree that if your account is terminated by the Site, you will not attempt to re-register as a member without prior written consent from the Site.
After Termination or Cancellation. You accept that when you cancel your membership with the Service you will be automatically deleted from and locked out of the Service. You will be unable to access your account on the Service. You also agree and accept that upon cancellation your account, any mail and all other membership materials will be immediately deleted from the Site and Service and that such information will be irretrievable.
Indemnification. You agree to defend, indemnify, defend, and hold OnWebcam.com and its affiliates, successors, assigns, officers, employees, agents, directors, shareholders and attorneys, harmless from and against any and all claims and liabilities, including reasonable attorneys' and experts' fees, related to or arising from: (i) any breach by you of this Agreement; (ii) your use (or misuse) of the Service, Site and/or Promotional Materials; (iii) all conduct and activities occurring using your account and/or Referral Sites, if any; (iv) any item or service sold or advertised in connection with your Referral Sites, if any; (v) any defamatory, libelous or illegal material(s) contained within your Content or your information and data; (vi) any claim or contention that any of your Referral Sites, if any, contain information, data or other materials which infringes any third party's patent, copyright, trademark, or other intellectual property rights or violates any third party's rights of privacy or publicity; (vii) third-party access or use of any Promotional Materials provided to you; (viii) any claim related to your website(s); (ix) any costs incurred on your behalf as a result of your failure to comply with local or Federal United States Law; and/or (x) any violation of this Agreement. We reserve the right, at our own expense, to participate in the defense of any matter otherwise subject to indemnification from you, but shall have no obligation to do so, and we are permitted by this Agreement to later seek indemnification from you. You shall not settle any such claim or liability without the prior written consent of OnWebcam.com. You understand that we will take any and all measures to protect ourselves from any legal or civil litigation including, but not limited to canceling your account, in our sole discretion. You also understand that we will charge, on an hourly basis, for any and all time spent responding to any third-party complaints, disputes, copyright claims or actions involving you or your Referral Sites.
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