Terms and Conditions
The Boring stuff yes, but it comes from our legal beagle team, yawning
All owned and run by:
Adult Community Groups and Tubs TV
To include: partnership program and affiliate sites
Effective Date: 01-01-2007
Last Modified: 11-05-2014
Introduction - Welcome to Our Website's Agreement (hereinafter "Terms and Conditions" or "Agreement"). The provisions of this Agreement will govern your use of Our Website(s), and you should therefore take some time to read it carefully. Our Website allows content providers to upload media files for purchase by other members of the Website, and this Agreement governs the terms related to Your Content and Our distribution of it to other Users for payment, not for resale by members and not to be shared for free by anyone others then the owners of the content.
Additionally, through the use of these Terms and Conditions, We are placing legal conditions on your use of this Website and making certain promises to you.
Our first condition is that you must agree to all of the conditions in this Agreement. You do not need to use Our Website, therefore if you do not wish to be bound by each and every provision in this Agreement, and then you are not welcome to use this Website and should leave and use another service.
. If you do not understand all of the terms in this Agreement, then you should consult with a lawyer before using the Website.
This Website is for adults only. If you are under the age of eighteen (18) you are not to use this Website at all. Misrepresentation of your age to gain access to Our Website is considered a breach of this agreement and computer hacking under federal law. If you are under eighteen (18) years of age, STAY OUT! Credit Card checks not debit cards is the legal way in which adult sites can now operate checks to over 18, No Minor
Party Definitions and Introductory Terms
"We" or "Us," means the service provider of the above referenced website(s) (hereinafter collectively referred to as "Website" or "Site") and related services, which include allowing Members to upload content to the Site while providing a facility for other Users and Customers to purchase and download such content ("Services"). It should be obvious, but for the sake of legal clarity, when this Agreement uses first-person pronouns such as "Us," "We," "Our," "Ours," etc., those first-person pronouns are referring to the Website.
. "You," the User - As a User of this Website, this Agreement will hereinafter refer to the User as "You" or through any second-person pronouns, such as "Yours," etc. Hereinafter, the User of the Website shall be referred to in applicable second-person pronouns.
Visitors v. Customers, Users, and Studio Members - For the purposes of this Agreement, all Customers and Members are Users, but not all Users are Customers or Members. This Agreement applies to all Users whether they are Customers or Members or not. You become a User by accessing this Site in any way, and a "User" refers to Visitors, Customers, and Members collectively. You need not become a Customer or Member of the Site to make this Agreement apply to you. A "Visitor" is someone who merely views Our Site without purchasing content provided by our Members or uploading content for purchase. A "Customer" is someone who views Our Site and has purchased content provided by a Member. A "Member" is someone who has created any content via the Site for the purpose of providing content for downloading by other Customers.
Consideration - Consideration for Your knowing acquiescence to all of the provisions in this Agreement has been provided to you in the form of allowing you to use Our Website and Our Services. You agree that such Consideration is both adequate, and that it is received upon your viewing, accessing or downloading any portion of Our Website.
Revisions to this Agreement
From time to time, we may revise this Agreement. We reserve the right to do so, and you specifically agree that we have this unilateral right. You agree that all modifications or changes to this Agreement are in force immediately upon posting. The 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.
If we change anything in this Agreement, We will change the "Last Modified Date" at the top of this Agreement. The Agreement is located at HQ and all sites that we co run: and a link to the Agreement is also at the bottom of the home page of the Site. You agree to periodically re-visit this web page, and to use the "Refresh" button on your browser when doing so. Upon each visit, you agree to note the date of the last revision to this Agreement. If the "Last Modified Date" remains unchanged from the last time you reviewed this Agreement, then you may presume that nothing in the Agreement has been changed since the last time you read it. If the "Last Modified Date" has changed, then you can be certain that something in the Agreement has been changed, and you agree that you will re-review the Agreement in its entirety and that you will agree to its terms or immediately cease use of any Website applicable to this Agreement. You're continued Use of the Site or Services after any such revision shall be deemed to be your acceptance of all revisions.
Waiver - if you fail to re-review this Agreement as required to determine if any of the terms have changed, you assume all responsibility for such omissions and you agree that such failure amounts to your affirmative waiver of your right to review the amended Agreement. We are not responsible for your neglect of your legal rights.
You must agree to all of the terms in this Agreement before using the Website or Our Services. If you fail to agree to the terms in this Agreement, You understand that you are an unauthorized use of Our Website and Services, despite any payments made or Services sold to you. No act or omission by us should be interpreted as a waiver of the requirement that you assent to this Agreement. If you fail to do so, you are still bound by the terms of this Agreement by virtue of your viewing the Site or using any portion of the Site or Our Services. However, if You fail to agree to the terms in this Agreement, You stipulate to and agree to pay eight hundred pounds each time You access the Site as liquidated damages for unauthorized access and use, and You agree to pay all of Our costs and expenses, including all legal fees and costs, incurred in collecting this unauthorized access fee from You.
How you can and will demonstrate your affirmative acceptance of all of the terms in this Agreement:
You manifest your agreement to this User Agreement by taking any act demonstrating your assent thereto. Most likely, you have clicked a button containing the words "ENTER" or some similar system set up by our geeks. You should understand that this has the same legal effect as you placing your physical signature on any other legal contract; or
Via electronic means. As this Agreement may be accepted electronically, Your acknowledgement of assent by e-mail, tablet, mobile user mobile app user, or other electronic means, shall constitute valid acceptance of the provisions contained herein and shall obligate the transmitting party in addition to any registered account associated with such party; or
If You click any link, button, or other device, provided to You in any part of Our Website's interface, then you have legally agreed to all of these Terms and Conditions; or
By using any of Our Services in any manner, including uploading Your Content to Our Site, You understand and agree that we will consider such use as your affirmation of your complete and unconditional acceptance to all of the terms in this Agreement.
If you are seeking information regarding any illegal activities, please leave this Site immediately and do not attempt to use the Services. You acknowledge that you are aware of the community standards in your community, and you will only access the content on the Site and/or use the Services if you believe that the content on the Site does not offend the community standards prevalent in your community.
You agree not to use the Services or access the Site if doing so would violate the laws of your state, province, or country. Weather that's UK, USA etc.
All Users may access certain public areas of the Site. You understand that all we are selling or providing you is access to Our Site or Services as we provide them from time to time. You need to provide your own access to the Internet, and any fees that you incur to access Our Site are your sole responsibility. We are not providing any hardware or software to you - and you need to purchase or license the necessary hardware and software to access the Site. This User Agreement covers all public and non-public areas of the Site.
Members : You are responsible for providing all equipment and the computer necessary to access the Site. We reserve the right to modify the Services and the Site's design at anytime, with or without prior notice. You may become a Member of the Site by completing an online form, which must be accepted by us. Upon submission of the online form, Site or its authorized agent will process the application. In connection with completing the online form, You agree to provide true, accurate, current and complete information about Yourself as prompted by the form (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. All Members who register online for Our Site and Services will receive a password and a user account ("User Account").
You must promptly inform Us of all changes, including, but not limited to, changes in Your address and changes in Your credit card used in connection with billing and/or payment for the Site and Services, if applicable. 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 User Account and refuse any and all current or future use of the Site and Services, as well as subjecting You to criminal and civil liability.
Member Names : Or User Name upon Your registration as a Member of Our Site, You may be asked to choose a user name to identify yourself to other Users and Our staff. You may not select or use a user name of another person (unless it is also your name), or a name which violates any third party's trademark right, copyright, or other proprietary right, which is or may be illegal, which may cause confusion, or which We deem in Our discretion to be vulgar or otherwise offensive. We reserve the right to delete any vulgar or otherwise offensive user name, or to require deletion thereof.
Account Responsibility : Member agrees that we shall be irreparably harmed by unauthorized access to our computer systems, databases and Site, and to notify us immediately of any unauthorized use of Member's password or accounts, as well as any other breach of security. Member acknowledges and agrees that (1) We have invested substantial time and resources in establishing the computer systems and databases that allow for the operation of Our Site and (2) it is necessary for us to protect Our Site and its related computer and database systems, as well as its intellectual property, from unauthorized access.
Subject to Your supervision and assumption of all resulting liabilities, Member may specify any third party Member Names who will have the right to access and administer Your Master Account on Your behalf. With the sole exception of the designated Member Names associated with Your Master Account, You shall not share Your password, or allow third parties to use or access Your Master Account, as any such access is unauthorized for the purposes of this Agreement. Member acknowledges and agrees that any unauthorized access to Our Site is strictly prohibited and we shall prosecute any violators to the fullest extent permitted by law. You are responsible for: (a) any and all activities conducted through Your Master Account, this includes any activities occurring with or without Your knowledge by Member Names associated with Your Master Account; (b) maintaining the confidentiality of your password(s) and Master Account(s) and ensuring that any Member Names associated with Your Master Account do the same; (c) disclosing to Us a complete and current listing of those Member Names who are authorized to access the Master Account on Your behalf; (d) notifying Us immediately of any unauthorized use of Your password or Master Account(s) as well as of any other breach of security; (e) ensuring that all activities that occur in conjunction with the operation of Your Master Account comply with the terms of this Agreement.
By uploading media content ("Your Content"), you agree to give us irrevocable nonexclusive royalty-free rights to use Your Content for any purpose, including publication, display, modification, and creation of derivative works. Your further agree that your will not license or permit use of Your Content to or by third parties seeking to create, or currently operating a substitute, or similar service or website as that offered by Us now or in the future. You further agree that, notwithstanding your removal of Your Content from Our Site, You grant Our Users the irrevocable and nonexclusive royalty-free right to continue to view and use Your Content. We have the right to license any of Your Content up until the time you remove the file from the Website. Once submitted to Us, You may not remove Your Content from the Site until after Your Content has been posted for ninety (365) days, regardless of whether You choose to terminate Your Master Account. To be clear, once content is uploaded to Us, You must allow us the opportunity to license Your Content for at least ninety (365) days.
You agree that Your Content will comply with all provisions set forth in this Agreement, including the Acceptable Use Policy in this Agreement. You are responsible for all content you upload or otherwise provide via your store.
Unless We specifically agree otherwise in writing, Member will not, and will use commercially reasonable efforts to make sure a third party does not: (a) access or copy Your Content or Your Master Account through any automated technology or other unauthorized means, including without limitation, "robots," "spiders," or that sends more requests to Our servers than can be reasonably undertaken by a human using a commercially available web browser within a reasonably acceptable time to cure; (b) disable, circumvent, or otherwise interfere with security features established by Us that prevent unauthorized access to Your Content or Your Master Account; (c) attempt to reverse engineer Our Services, Our Site or any of their parts or components; (d) or attempt to create a substitute or similar service or website through the use of, or access to, Your Content or Your Master Account.
You agree that neither us nor any third-party acting on our behalf shall be liable to you for any termination of Your Membership or access to the Site or Services. You agree that if Your Master Account is terminated by Us, You will not attempt to re-register as a Member - using the same or different username - without prior written consent from us. Active Members may not knowingly allow former Members who have been terminated to use the active Members' Master Account(s).
Refunds for Media Credit Purchases : Media credit purchases are non-refundable.
Rates : We will pay Members the fee specified on the Site or by separate schedule for each download of an image file by a user. Detailed information concerning Member may currently be found at any of our sites
Terminating Your Account : Either you or we may terminate Your Master Account with us at any time with or without cause. Your only right with respect to any dissatisfaction with any (I) term within this Agreement or policy or practice We use in operating the Site or Service, (ii) content available through the Site, or (iii) amount or type of fees or billing methods, or change therein, is to terminate Your Member Master Account with Us by notifying Our Member Support of Your desire to terminate by email admin of said site Your notice of termination will be effective upon receipt by Us, or upon receipt of confirmation if confirmation is requested. As noted above, any of Your Content that has posted on the Site for less than ninety (365) days must first meet the ninety (365) day eligibility requirement before it can be removed, regardless of whether You choose to terminate Your Master Account. Any fees due to you at the time of termination will be held for a period of ninety (97) days. In the event Your Master Account is terminated for violating any provision of this Agreement, or for violating our rules, polices or restrictions, any funds owed to you will be forfeited to us.
Customers : You are responsible for providing all equipment and the computer necessary to access the Site. We reserve the right to modify the Services and the Site's design at anytime, with or without prior notice. In connection with completing the purchase of any content provided by our Members, You agree to provide true, accurate, current and complete information about Yourself as prompted by the purchase form (such information being the "Purchase Data"); and
You must promptly inform Us of all changes, including, but not limited to, changes in Your address and changes in Your credit card used in connection with billing for the Site and Services, if applicable. 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, as well as subjecting You to criminal and civil liability.
Refunds We are merely the hosting provider for our Members to display their content. Customers are responsible for ensuring their order is correct before purchasing the media or content from one of Our Members. Prior to submitting your order for processing and billing, please ensure that you do not order the same clips twice.
Please report any billing errors to site admin Resolution of billing errors by tropical-productions.com will be handled immediately. Any fraud or abuse by you in disputing your transaction with the issuing bank will result in immediate disqualification from future sales and you will be banned from ordering from Our Site. We take fraud very seriously and will actively report cases of fraud to the local authorities for further prosecution.
Further, you agree that neither we nor any third-party acting on our behalf shall be liable to you for your disqualification from future sales or access to the Site or Services. You agree that if you are disqualified by Us, You will not attempt to purchase from us - using the same or different Purchase Data - without prior written consent from us.
Videos that are purchased from this Site cannot be swapped or traded. Exchanges will only be given if a video is faulty or damaged upon receipt. All videos must be exchanged within fifteen (15) days.
In order to maintain the integrity of the Site and Services, or to investigate complaints, you agree to allow us to access information you have submitted or created for as long as reasonably required to investigate the complaint or protect the Services. You also agree to allow us to access your information to enforce this Agreement, its intellectual property policy, to comply with the law and legal process, to operate its systems properly, to protect itself, its members, or users.
Age of Majority . In order to use the Website or any services provided by Us, You must have attained the age of majority in your jurisdiction. You represent and warrant that you are at least eighteen (18) or twenty-one (21) years of age, depending on the age of majority in your jurisdiction, and that you have the legal capacity to enter into this Agreement. We may, in our sole discretion, require that you provide proof that you have attained the age of majority in your jurisdiction prior to using Our Site or Services.
We specifically disclaim any responsibility or liability for any misrepresentations regarding a User's age, and we may, in our sole discretion, monitor any area of the Site or any other records pertaining to the Site for compliance with this Agreement or for any other reason.
You represent and warrant that you will not allow any minor to access this Website. Users should implement parental control protections, such as computer hardware, software, or filtering services, which may help users to limit minors' access to harmful material. You acknowledge that if your computer can be accessed by a minor, that you will take all precautions to keep Our Materials from being viewed by minors. You additionally acknowledge that if you are a parent, it is your responsibility, and not ours, to keep our erotic content from being displayed to your children or wards.
WE HAVE A ZERO TOLERANCE POLICY FOR MATERIAL INVOLVING MINORS AND A ZERO TOLERANCE POLICY REGARDING PEDOPHILES, PEDERASTS OR ANY PEDOPHILIC, PEDERASTIC, OR SIMILAR RELATED ACTIVITY.
All depictions of all persons on Our Website are of persons over the age of eighteen (18) as of the date of the production of the depiction. We take great measures to ensure that no underage models appear in any of our materials.
If you seek any form of pornographic material involving minors (including so-called "virtual" child pornography), you must exit this Website and cease using Our Services 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.Content or communications seeking to solicit, lure or entice minors into sexual activity or lewd behaviour is also strictly prohibited, and will be treated the same as child pornography. Consistent with federal law, we will cooperate with law enforcement authorities and will notify such authorities if it suspects that you are engaged in any such illegal activities
4.2.3. In order to further our zero-tolerance policy you agree to report any images that appear to depict minors on Our Site. If you see any images or other depictions that are questionable, you agree to report these images by emailing us at firstname.lastname@example.org.
4.2.4. Include with Your report any appropriate evidence, including the date and time of identification. All reports will immediately be investigated and the appropriate action will be taken.
4.2.5. We willingly and actively cooperate with any law-enforcement agency investigating material involving minors. If you suspect other outside websites are participating in unlawful activities involving minors, please report them to http://www.asacp.org .
Our Website contains images and content, including but not limited to text, software, images, graphics, data, messages, and other information - some of which may be provided by third parties, including Our Studio Members (collectively, the "Materials").
. You acknowledge and stipulate that all of the Materials are expressive content that is fully protected by the First Amendment to the United States Constitution. If you are offended by any Materials on the Site, You agree to immediately cease using the Site and Services.
You acknowledge and understand that some of the Materials contain graphic visual depictions of sexual activity and nudity, graphic audio portions of the same kind of content, and descriptions of sexually oriented and sexually explicit activities. You acknowledge that You are aware of the nature of the Materials provided by Our Website and that You are not offended by such Materials, and to the contrary, that You are accessing this Website specifically because You enjoy such expressive content and You wish to view such Materials. You stipulate that you access this Website freely, voluntarily, and willingly, and for your own personal enjoyment.
You agree not to use or access the Website if doing so would violate the laws of your state, province, or country.
User-Generated Content Our Site permits the submission and transmission of content solely generated by third-parties ("User Generated Content"), as well as the hosting, sharing, and/or publishing of such User Generated Content, which may include Content provided by Our Studio Members. You understand that whether or not such User Generated Content is published, we do not guarantee any confidentiality with respect to any submissions.
Section 230 Notice : You acknowledge your responsibility to prevent minors under your care from accessing harmful or inappropriate material. You agree not to allow minors to view any such content, and you agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors' access to harmful or inappropriate material. Pursuant to 47 U.S.C. §230(d), you are hereby informed that and we recommend that you conduct appropriate due diligence before purchasing or installing any online filter. You agree to take particular steps to prevent minors from viewing Our Site or the content received via Our Services if your computer or mobile device can be accessed by a minor. Finally, you agree that if you are a parent or guardian of a minor child, it is your responsibility, not ours, to keep any age-restricted content on Our Site or Services from being displayed or accessed by your children or wards.
Pursuant to the Communications Decency Act ("CDA"), 47 U.S.C. § 230(c) (1), and court decisions interpreting the scope of the CDA, You acknowledge and understand that we operate as the provider of an interactive computer service. Thus, we are immune from, and cannot be held responsible for, claims arising from the publication or transmission of third-party content, which includes content provided by Our Members, as well as the content of other Users and third parties. We do not create such content, and we are not responsible for the publication of remarks or communications of third-parties that may arguably rise to the level of being actionable under federal or state laws including, but not limited to, the publication of material that might be considered defamatory, or volatile of privacy or publicity rights. Note, that federal law allows us to remove or block any content found to be offensive, defamatory, obscene or otherwise volatile of our policies, without impacting our status as the provider of an interactive computer service. In the event that any court finds that any third party communication or third party content on Our Website falls outside of the realm of the immunity provided by Section 230 of the CDA, this shall not be deemed to be a waiver of any legal protections provided by Section 230 for any and all other content posted on Our Website. Nothing contained in this Agreement is intended to limit or alter the immunity from claims provided by Section 230 of the Communications Decency Act, and no third parties are intended to benefit from this Agreement between You and Us.
License to Use Your Content: With the exception of personal financial and billing information, You hereby grant to Us the perpetual, unlimited, royalty-free, worldwide, non-exclusive, irrevocable, transferable license to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use, any text, images, data, video or other information and content You provide on or through this web Site or Services or which is sent to Us or others by e-mail or other correspondence, for any purpose whatsoever. We shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed by us in writing or required by law. We shall not be obliged to delete any such information from the Site.
You represent and warrant that you have the right to grant the license set out above.
The copyright of all content uploaded by you is retained by you. You may not upload content for which you do not own the copyrights. Any Studio Member found uploading material that they do not have rights to will have all their stores closed and all funds frozen. We have a ZERO TOLERANCE policy for piracy.
By uploading any photographs, videos or other media of Yourself or other subjects, You hereby swear that You own or control all intellectual property rights with respect to the uploaded contents; and You hereby irrevocably grant a non-exclusive right and license to Us to:
Reproduce, transmit, communicate, display, or distribute Your Content, on or as part of Our Site(s), on other Internet sites, or elsewhere, for promotional or commercial purposes, by means of any technology, whether now known or hereafter to become known;
Reproduce Your Content in digital form for display on or download from the Internet (alone or in combination with other works, including, but not limited to, text, data, images, photographs, illustrations, animation, graphics, video, or audio segments, and hypertext links);
Adapt, modify, or alter Your Content or otherwise create derivative works based upon Your Content; and for all other reasonable promotional or commercial uses either as part of the operation of Our Site(s), or as a promotion or operation of any derivative or related businesses.
By uploading a model release or otherwise representing that subjects depicted in your content have consented to publication by us for whatever purpose, you warrant that the information is complete and accurate.
We, at our sole discretion, may remove any content uploaded to the Site. We also reserve the right, but do not assume the responsibility, to restrict conduct which We deem in our discretion to be harmful to individual members, damaging to the communities that use Our Site or Services, or may be in violation of Oar's or any third party's rights.
Restrictions on Use of Website:
You agree that you will only use the Website for purposes expressly permitted and contemplated by this Agreement. You may not use the Website for any other purposes without our express prior written consent.
Without Our express prior written authorization, you may not:
Duplicate, translate reverse-engineer, decompile, and disassemble any part of the Website or the Materials contained therein (except as expressly provided elsewhere in this Agreement);
Redistribute or create any derivative works based on the Website or any of the Materials contained therein. You agree that any such use is NOT "fair use;"
Use the Website 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;"
Remove any copyright or other proprietary notices from the Website or any of the Materials contained therein;
Circumvent any encryption or other security tools used anywhere on the Website (including the theft of user names and passwords or using another User's account and password in order to gain access to a restricted area of the Website, unless otherwise authorized by this Agreement); or use any device, software, computer code, or virus to interfere or attempt to disrupt or damage the Site or any communications on it.
You agree to all of the terms of Our Acceptable Use Policy, as outlined below:
Acceptable Use Policy : You agree and understand that Our Website and Services enable you to upload or otherwise "post" Your Content to Our Site and/or to communicate with other Users. However, you expressly warrant and represent that Your Content does not contain any of the unacceptable attributes below. Although the Site undertakes no obligation to monitor user content, you expressly agree that you:
Will not use Our Services in order to view, transmit, traffic in, or in any other way interact with, provide to any other person, or receive any content that is, in our discretion, defamatory, obscene, harassing, and illegal, involves underage participants, or is otherwise objectionable.
Will not post content that violates the content restrictions found here:
Will not post content that is unlawful, harmful, threatening, abusive, harassing, defamatory, invasive of another's privacy or right to publicity, or harmful to minors in any way, shape, or form;
Will not post content that might be considered to be impersonating another person or legal entity;
Will not post any personally-identifying information about another person without that person's prior explicit consent;
Will not post personally-identifying content about you, other than information provided during the registration process;
Will not post content that constitutes SPAM or bulk posting of commercial advertisements for commercial interests;
Will not post content that is stolen or otherwise infringes upon any trademark, copyright, or other intellectual property rights of any party;
Will not post content that libels, slanders, or disparages any person or group of people based on race, ethnicity, national origin, religion, sex, or other factors at our discretion.
Will immediately cease and desist from any contact with any person who so requests such cessation;
Will not use Our Services to "stalk" or otherwise harass any other person;
Will not use Our Services in order to collect any personal data about other users, including but not limited to using the Services to solicit research, user statistics, or other commercial activities;
Will not use Our Services in order to promote, enable, or conduct any illegal activities at all;
Will not use Our Services in order to view, transmit, traffic in, or in any other way interact with, provide to any other person, or receive obscene materials in any way;
Will not use Our Services in order to view, transmit, traffic in, or in any other way interact with, provide to any other person, or receive drugs or other illegal substances in any way.
In addition to termination of Your Member account or customer access to the Site, any violation of Our Restrictions on Use of Website or Acceptable Use Policy as provided for in this Agreement shall subject you to liquidated damages of one thousand for each and every violation. In the event that such violation causes any legal, emotional or physical harm to another person, you agree that you shall pay fifty thousand in liquidated damages. Or your house J
In Our sole discretion, we may choose to provide you with a warning before assessing damages.
We may, in our sole discretion, assign any such damage claim to a third party who has been wronged by your conduct.
These liquidated damages are not a penalty, and they are an attempt by the parties to reasonably ascertain the amount of actual damage that could occur from such violations. Both parties hereby agree that these amounts are a minimum, and actual damages may be more.
In various provisions in this Agreement, We have outlined liquidated damages amounts to be applied as penalties against you if you violate these specific provisions. You specifically agree to pay these amounts. In agreeing to pay liquidated damages, you acknowledge that this amount is not a penalty that the actual damages are uncertain and difficult to ascertain, but that this amount represents the parties' good faith attempt to calculate an appropriate compensation based on anticipated actual damages.
For any breach of a portion of this Agreement that does not specifically state a liquidated damages amount, you hereby agree that any breach of this Agreement shall result in liquidated damages of one hundred dollars (£500) per occurrence. You specifically agree to pay these one hundred dollars (£500) in liquidated damages.
If We are required to enlist the assistance of an any legal help or other person to collect any liquidated damages or any other amount of money from You, or if We are required to seek the assistance of an Attorney to pursue injunctive relief against You, then You additionally agree that You will reimburse Us for all fees incurred in order to collect these liquidated damages or in order to seek injunctive relief from You. You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the liquidated damages themselves. You agree that you will pay all of these fees and costs.
The Site and Services are for Amusement Purposes
You understand and accept that Our Site and Services are to be used for entertainment and recreational purposes.
You hereby release us and all other Users from any liability for invasion of privacy, defamation, false light and related torts, in the event that Your Content is made public - even if it is made public for the sole purpose of amusing others at your expense.
We do not pre-approve any of the Users who may be accessible via Our Site and Services. Furthermore, we do not pre-approve the User Generated Content supplied by Members.
You hereby discharge, acquit, and otherwise specifically release Us, Our parent company, Our agents, employees, officers, directors, shareholders, attorneys, and affiliates, from any and all allegations, counts, charges, debts, causes of action, and claims relating in any way to the use of, or activities relating to the use of, the Site and Services including, but not limited to claims relating to the following:
Sexual Harassment, Negligence, Gross Negligence, Reckless Conduct, Alienation of Affections (to the extent recognized in any jurisdiction), Intentional Infliction of Emotional Distress, Intentional Interference with Contract or Advantageous Business Relationship, Defamation, Violation of Publicity or Privacy Rights, False Light Claims, Intellectual Property, Misrepresentation or any claim based on vicarious liability for Torts or other wrongful acts committed by individuals met on or through the Site and Services, including but not limited to fraud, financial crimes, assault, battery, stalking, rape, theft, cheating, perjury, manslaughter, or murder.
The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by you. This release is intended by the parties to be interpreted broadly in favour of us, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith. Nothing contained in this section is intended to limit the scope of releases and / or indemnification contained elsewhere in this Agreement.
The above referenced website names constitute service mark(s) and/or trademark(s). Any word, slogan or brand appearing on Our Site with a TM designation qualifies as our trademark or service mark.
Other companies' product and service names referenced on Our Site may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks.
Copyright - This Website belongs to us, and we either own or have rights to display all of the Materials thereupon. You may not use any of the Materials without Our express written consent.
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