|
Welcome to a
service of SexyD8
(hereinafter referred to as "SexyD8", "SexyD8 Site" or "Site"). You
must read and agree to these terms and conditions before you may
access or view our Site. Please read them carefully. By visiting the
SexyD8 Site, you are agreeing to its terms. This Agreement is
subject to change at any time, and changes are effective upon
posting. Bookmark this page and check it frequently as it is up to
you to refer to this page for any amendments/changes to the original
Agreement.
1. Eligibility:
You must be
eighteen or over to register as a member of or use this site.
Membership in the service is void where prohibited. By using and/or
viewing this site, you represent and warrant that you have the
right, authority, and capacity to enter into this agreement and to
abide by all of the terms and conditions of this agreement and that
you are at least 18-years old (21-years old where 18 is not the age
of majority) - who are interested in and wish to have access to
visual images, verbal and written descriptions and audio sounds of a
sexually oriented, and frankly erotic nature. The materials, which
are available within this site may include graphic visual depictions
and descriptions of nudity and sexual activity and should not be
accessed by anyone who is younger than 18-years old (21-years old
where 18 is not the age of majority) or who is offended by such
materials or who does not wish to be exposed to such materials.
Commercially available parental control protections (such as
computer hardware, software, or filtering services) may assist you
in limiting access to material that is harmful to minors. If you are
interested in learning more about these protections, information is
available at www.cybersitter.com,
www.netnanny.com or other analogous sites
providing information on such protections. (The preceding link is
provided for information purposes only and is not intended as an
endorsement of these entities, their services, or
policies. SexyD8 is not affiliated with them.)
By using and/or
viewing this site you represent and warrant under penalty of perjury
the following:
A) That you are an adult, at least 18-years
of age (21-years old where 18 is not the age of majority). B) That you will
not permit any person(s) under
18-years of age (21-years old where 18 is not the age of majority)
to have access to any of the materials contained within this
Site. C) That you understand that when you
gain access to this site, you will be exposed to visual images,
verbal descriptions and audio sounds of a sexually oriented, frankly
erotic nature, which may include graphic visual depictions and
descriptions of nudity and sexual activity. You are voluntarily
choosing to do so, because you want to view, read and/or hear the
various materials which are available, for your own personal
enjoyment, information and/or education. Your choice is a
manifestation of your interest in sexual matters which, you believe,
is both healthy and normal and which, in your experience, is
generally shared by average adults in your community. You further
represent and warrant that you are familiar with the standards in
your community regarding the acceptance of such sexually oriented
materials, and the materials you expect to encounter 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 this which offer 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. D) That you further
represent and warrant that you have not notified any governmental
agency, including the U.S. postal service, that you do not wish to
receive sexually oriented material. E) That
you represent and warrant that you have not and will not use and/or
view the Site(s) in a restricted location - namely a place, country,
or location in which doing so would, or could be deemed a violation
of any law, regulation, rule, ordinance, edict or custom.
2.
Fees/Termination:
SexyD8's usage and/or subscription fees were provided to you
upon registration and may change from time to time upon electronic
notice to you. SexyD8 reserves the right to terminate your
access to the site for any reason or no reason. SexyD8 may terminate
your membership upon sending notice to you at the email address you
provide in your application for membership or such other email
address as you may later provide to us. If SexyD8 terminates your
membership in the SexyD8 site because you have breached this
Agreement, you will not be entitled to any refund of any unused
subscription fees. Even after this Agreement is terminated, certain
provisions will remain in effect including sections 1, 3, 14,
inclusive, of this Agreement.
3. Non-Commercial Use
by Members/Viewers:
This SexyD8 site is for the personal use of individual
members and viewers only and may not be used in connection with any
commercial endeavors. Organizations, companies, and/or businesses
may not become members of this site and shall not use the SexyD8
service or site for any purpose including but not limited to:
sending unsolicited commercial e-mail to members, sending
advertisements for other web sites and services in this site's chat
rooms, or using member personal identifying information for
commercial purposes. Illegal and/or unauthorized uses of the site,
including unauthorized framing of or linking to the site or the
sending of unsolicited commercial email will be investigated, and
appropriate legal action will be taken, including without
limitation, civil, criminal, and injunctive redress and/or
termination of membership at SexyD8's sole discretion. In order to
prevent the sending of unsolicited commercial email or chat messages
to its members, SexyD8 may take reasonable steps, including the
limiting of the numbers of emails or chat messages sent or received
by a member and electronically filtering or throttling or
terminating e-mail and chat messages at SexyD8's sole discretion.
4. Proprietary Rights of Content on
SexyD8:
SexyD8 owns and retains other proprietary rights in the SexyD8 site
and the SexyD8 service. The site contains the copyrighted material,
trademarks, and other proprietary information of SexyD8, and its
licensors. Except for that information which is in the public domain
or for which you have been given permission, you may not copy,
modify, publish, transmit, distribute, perform, display, or sell any
such proprietary information.
5. Content Posted on
the Site:
A) SexyD8 claims immunity from liability to the fullest
extent under the law and as provided under the Communications
Decency Act for Content provided by third parties and members and
nothing in this agreement is intended to waive, remove, or usurp
such immunity. You understand and agree that SexyD8 may delete any
content, messages, photos or profiles (collectively, "Content") that
in the sole judgment SexyD8 violates the Terms of Use or which might
be offensive, illegal, or that might violate the rights, harm, or
threaten the safety of SexyD8 and/or its members. B) You are solely
responsible for the content
that you publish or display (hereinafter, "post") on the SexyD8, or
transmit to other SexyD8 members. C) By
posting content to any public area of SexyD8, you automatically
grant, and you represent and warrant that you have the right to
grant, to SexyD8 and its members, an irrevocable, perpetual,
non-exclusive, fully-paid, worldwide license to use, copy, perform,
display, and distribute such information, rights of publicity, and
content and to prepare derivative works of, or incorporate into
other works and other media, such information and content, and to
grant and authorize sublicenses of the foregoing. For privacy terms,
please refer to our Privacy Policy.
D)
SexyD8 will investigate and take appropriate legal action in its
sole discretion against anyone who violates this provision,
including without limitation, removing the offending communication
from the site or service and terminating the membership of such
violators. The following is a partial list of the kind of content
that is illegal or prohibited on the site - it includes content
that: is patently offensive to the online community, such as content
that promotes racism, bigotry, hatred or physical harm of any kind
against any group or individual; harasses or advocates harassment of
another person or invades their privacy; involves the transmission
of "junk mail", "chain letters," or unsolicited commercial e-mail or
"spamming"; promotes information that you know is false, misleading
or promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous; promotes an illegal or
unauthorized copy of another person's copyrighted work, such as
providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect
devices, or providing pirated music or links to pirated music files;
contains restricted or password only access pages, or hidden pages
or images (those not linked to or from another accessible page);
displays pornographic or sexually explicit material of any kind;
provides material that exploits people under the age of 18 in a
sexual or violent manner, or solicits personal information from
anyone under 18; provides content that involves cursing, swearing,
incest, falsifying gender, violence, necrophilia, impersonating
another member, threat of suicide or harm to oneself or others, drug
paraphernalia, or bestiality; provides instructional information
about illegal activities such as making or buying illegal weapons,
violating someone's privacy, or providing or creating computer
viruses; solicits passwords or personal identifying information for
commercial or unlawful purposes from other users; sending
advertisements in chat or instant messaging messages; and engages in
commercial activities and/or sales without our prior written consent
such as contests, sweepstakes, barter, advertising, and pyramid
schemes. E) You must use the SexyD8 service
in a manner consistent with any and all applicable laws and
regulations. F) You agree that you will not
use any robot, spider, other automatic device, or manual process to
monitor or copy our web pages or the content contained herein
without our prior expressed written permission. You agree that you
will not use any device, software or routine to bypass or to
interfere or attempt to interfere with the proper working of the
SexyD8 site. You agree that you will not take any action that
imposes an unreasonable or disproportionately large load on our
infrastructure. Much of the information on our site is updated on a
real time basis and is proprietary or is licensed to SexyD8 by our
users or third parties. G) You may not
engage in advertising to, or solicitation of, other members to buy
or sell any products or services through the service. You will not
transmit any chain letters or junk email to other SexyD8 members.
Although SexyD8 cannot monitor the conduct of its members off the
SexyD8 site, it is also a violation of these rules to use any
information obtained from the service in order to harass, abuse, or
harm another person, or in order to contact, advertise to, solicit,
or sell to any member without their prior explicit consent. H) Your profile
(and its contents) may be
searchable by, and you may be able to search for the profiles (and
their contents) of, members registered to other operated and
"powered by" websites, e.g. co-branded, privately labeled, etc. This
feature may allow you to interact with additional members of SexyD8
websites. I) Your profile (and the contents
thereof) may be searchable by third-party publicly available search
engines.
6. Copyright Policy:
You may not
post, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the
prior written consent of the owner of such proprietary rights or
otherwise have a valid basis under the law, including "fair use".
Without limiting the foregoing, if you believe that your work has
been copied and posted on the SexyD8 service in a way that
constitutes copyright infringement, please provide our Copyright
Agent with the following information consistent with the Digital
Millennium Copyright Act (DMCA): an electronic or physical signature
of the person authorized to act on behalf of the owner of the
copyright interest; a description of the copyrighted work that you
claim has been infringed; a description of where the material that
you claim is infringing is located on the our site including the
URLs of web pages and/or hyperlinks; your address, telephone number,
and email address; a written 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; a statement by you, made
under penalty of perjury, that the above information in your Notice
is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf. SexyD8
may be readhed through the
Contact Us form. It
is the intention of SexyD8 to fully comply with the DMCA, including
the Notice and "take down" provisions and to benefit from the safe
harbors immunizing it from liability to the fullest extent provided
by law, and to the extent the Notice and "take down" requirements
above deviate from the requirements under the DMCA then the Notice
requirements as provided by the DMCA shall control and are herein
incorporated by reference.
7. Member
Disputes:
SexyD8 does not solicit or control the information provided by other
users that is made available through our system. You may find other
user's information to be offensive, harmful, inaccurate and/or
deceptive. If so, please request a profile review using the link
provided on the member's profile page or at various other places
throughout the website. Please also use caution, common sense, and
safety when using our site. You are solely responsible for your
interactions with other SexyD8 members. Because it is not involved
in member interactions, in the event that you have a dispute with
one or more members or those who have posted, viewed and/or used
information on the SexyD8 site, you release SexyD8, including its
officers, directors, agents, subsidiaries and employees, from
claims, demands and damages (actual and consequential) of every kind
and nature, known and unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any way connected with such
disputes. If you are a California resident, you waive California
Civil Code § 1542, which says: "A general release does not extend to
claims which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which if known by him
must have materially affected his settlement with the debtor."
SexyD8 reserves the right, but has no obligation, to monitor
disputes between you and other members.
8. Privacy:
Use of the
SexyD8 site and/or its service is governed by our
Privacy Policy, which may change from time
to time upon electronic notice to you.
9. Disclaimers:
SexyD8, including its officers, directors, agents, subsidiaries and
employees is not responsible for any incorrect or inaccurate content
posted on the site or in connection with the SexyD8 service, whether
caused by users, members or by any of the equipment or programming
associated with or utilized in the service, nor for the conduct of
any user and/or member of the SexyD8 service whether online or
offline. SexyD8 assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized
access to, or alteration of, user and/or member communications.
SexyD8 is not responsible for any problems or technical malfunction
of any telephone network or lines, computer on-line-systems, servers
or providers, computer equipment, software, failure of email or
players on account of technical problems or traffic congestion on
the Internet or at any website or combination thereof, including
injury or damage to users and/or members or to any other person's
computer related to or resulting from participating or downloading
materials in connection with the SexyD8 site and/or in connection
with the SexyD8 service. Under no circumstances SexyD8, be
responsible for any loss or damage resulting from anyone's use of
the site or the service and/or any content posted on the SexyD8 site
or transmitted to SexyD8 members. The site and the service are
provided "AS-IS" and SexyD8 expressly disclaims any warranty of
fitness for a particular purpose or non-infringement. SexyD8 cannot
guarantee and does not promise any specific results from use of the
site and/or the SexyD8 service.
10. Limitation on
Liability:
Except in jurisdictions where such provisions are restricted
(and in that event liability is disclaimed to the fullest extent
permitted by law), in no event will SexyD8 be liable to you or any
third person for any indirect, consequential, exemplary, incidental,
special or punitive damages, including also lost profits arising
from your use of the site or the SexyD8 service, evenSexyD8 has been
advised of the possibility of such damages. You further agree to
hold SexyD8, including its officers, directors, agents, subsidiaries
and employees harmless for claims arising in the event that other
user's profile ultimately proves to be offensive, harmful,
inaccurate and/or deceptive. Notwithstanding anything to the
contrary contained herein, SexyD8's liability to you for any cause
whatsoever, and regardless of the form of the action, will at all
times be limited to the amount paid, if any, by you to SexyD8 for
the service during the term of membership.
11. Indemnity:
You agree to
indemnify and hold SexyD8, its subsidiaries, affiliates, officers,
agents, and other partners and employees, harmless from any loss,
liability, claim, or demand, including reasonable attorney's fees,
made by any third party due to or arising out of your use of the
service in violation of this Agreement and/or arising from a breach
of these Terms of Use and/or any breach of your representations and
warranties set forth above.
SexyD8 may contact you
through the email address you provide to SexyD8 during the
registration process. Notice shall be deemed given 24 hours after
email is sent, unless the sending party is notified that the email
address is invalid. Alternatively, SexyD8 may give you notice by
certified mail, postage prepaid and return receipt requested, to the
address provided to SexyD8 during the registration process. In such
case, notice shall be given 3 days after the date of mailing. You
agree that this Agreement and all incorporated Agreements may be
automatically assigned by SexyD8, in our sole discretion, to a third
party. Headings are for reference purposes only and in no way
define, limit, construe or describe the scope or extent of such
section. References to SexyD8 shall include its subsidiaries,
affiliates, officers, agents, and other partners and employees.
SexyD8's failure to act with respect to a breach by you or others
does not waive its right to act with respect to subsequent or
similar breaches. If any provision of this Agreement is held
invalid, the remainder of this Agreement shall continue in full
force and effect. |