TERMS AND CONDITIONS
By using and/or visiting the Xvideo-club.com
website (collectively, including all Content and User Submissions
available through this website, the "Website"), you agree to these Terms
of Service. These terms of service, including the Xvideo-club.com Privacy
Policy, which is incorporated herein, and any future amendments
(collectively, the "Agreement"), constitute a legal agreement between
Xvideo-club.com ("Xvideo-club.com") and you. By using this website, you agree
to be bound by all of these terms. If you do not agree to be bound by
all of these terms, then do not use this website.
Xvideo-club.com
may, in its sole discretion, modify or revise these terms and conditions
and policies at any time, and you agree to be bound by such
modifications or revisions. If you do not accept and abide by this
Agreement, you may not use the Website.
1. Description of Service
Xvideo-club.com
is a website that makes content generated by third-parties available to
its viewers. The website is a resource for people who want to share and
who are looking for, among other things, visual depictions of adult
content, including sexually explicit images. Visitors to the website can
also "rate" the content they view on a scale of 1 through 5 stars.
(Collectively, "Xvideo-club.com's Services")
Among other things,
Xvideo-club.com provides a platform for uploading, sharing, and viewing
various types of content. Xvideo-club.com's dynamic and collaborative
service enables registered and unregistered users (visitors and
registered members are collectively referred to as "User(s)") to access a
host of functionality, including but not limited to various types of
media submitted by Users (collectively, "User Submissions").
This
Agreement sets forth the legally binding terms for your use of the
Website. By agreeing to these Terms of Service, you agree to be bound by
this Agreement, whether you are a "Visitor (which means that you simply
browse the Xvideo-club.com Website) or you are a "Member" (which means
that you have registered with Xvideo-club.com, either as a paid subscriber
or a free account holder). You are only authorized to use Xvideo-club.com's
Services if you agree to abide by all applicable laws and to this
Agreement. Please read this Agreement carefully and save it.
Xvideo-club.com
grants you a personal, non-exclusive, non-transferable, limited, and
revocable license to view the Content and Website subject to the terms
of this Agreement. You may access, transfer, or use the Website on such
software, personal computers, and/or devices as authorized by us or our
content delivery providers.
2. Use
2.1 The Xvideo-club.com website is a single integrated work which may not be accessed or used without permission.
This
Website is a work owned by Xvideo-club.com. The structure, design,
functional components and other features of this Website, as well as all
company-owned or licensed content depicted in this Website, jointly
comprise a single fully integrated work owned by the Company that is
presented and made available only for non-commercial entertainment use
by adults as a unitary work. All use of the Website is by permission
only and no rights or permissions are granted to any person or legal
entity to perform, distribute, rebroadcast or otherwise use this work or
any part thereof in any manner separate or apart from the use of the
work as a whole in accordance with these Terms of Service while your
Internet browser is in direct communication with one or more
Xvideo-club.com's servers at
www.Xvideo-club.com.
You agree that any access to or use of any content, feature or
functionality on the Website, or otherwise by access via any URL
commencing with "Xvideo-club.com", shall be deemed to be access to, and use
of, the work as a whole.
The Website is made available to you
for your personal use only and may not be used in connection with any
commercial endeavors except those that are specifically endorsed or
approved by Xvideo-club.com. Illegal and/or unauthorized use of the
Xvideo-club.com Services, including collecting usernames and/or email
addresses of Members by electronic or other means for the purpose of
sending unsolicited email or unauthorized framing of or linking to the
Xvideo-club.com Website is prohibited. Commercial advertisements, affiliate
links, and other forms of solicitation may be removed from Member
profiles without notice and may result in termination of Membership
privileges.
2.2 No Implied Use. Users of this work are hereby
advised that the work comprises valuable intellectual property owned by
the Company that includes, without limitation, the work's search and
content organizing functions, advertisement designs, Company trademarks,
including, without limitation, logo, and all links and
other aesthetic features and website functionality of the work. All use
of this Website is by express permission controlled exclusively by
these Terms of Service. There are no implied uses of this work. Access
to any internal parts of the work by means other than through website
navigation features provided on the Website itself are prohibited. No
deep linking or independent deep link access is authorized. No
authorization to use this work in any manner whatsoever is, or shall at
any time be, granted to any person under the age of 18 years.
2.3
Agreement Not To Access Content Or The Website From Prohibited Areas.
As a material condition to the granting of the license to you to use the
Website, you agree and warrant that you shall at no time access, view,
download, receive or otherwise use, or cause or enable others to access,
view, download, receive or otherwise use the Website directly or
indirectly while you are in any of the geographic locations identified
by the Company as "PROHIBITED AREAS" from which the Company expressly
prohibits such access, viewing, downloading, receipt or other use of the
Website. All of the following areas constitute such "PROHIBITED AREAS"
from which the none of the age-restricted parts of Website, or any
Content provided by Company or any Affiliated Content Providers, may be
accessed, viewed, downloaded or otherwise received by you:
2.3.1 Other Prohibited Access Areas.
2.3.1.1
All parts of the following countries: Afghanistan, Algeria, Chad,
Kuwait, Indonesia, Iran, Iraq, Jordan, Lebanon, Libya, Micronesia,
Morocco, North Korea, Pakistan, The Sudan, The Republic of China,
Singapore, Saudi Arabia, Somalia, Syria, The United Arab Emirates,
Yemen, all areas subject to Sharia law Islamic law based on the Koran
Islamic law; and
2.3.1.2 All locations within the territories of
every political entity in which accessing, viewing, downloading,
dissemination of, or other use of the sexual materials depicted on or
available through the Website, such as content provided by Xvideo-club.com,
by user submission or by Xvideo-club.com-affiliated content providers, is
prohibited by law or would otherwise constitute a violation of any
regulation, rule or custom.
2.4 Affirmation That You Are An Adult
And You Are Not In A Prohibited Area. YOU HEREBY AFFIRM AND WARRANT
THAT YOU ARE CURRENTLY AN ADULT, I.E., OVER THE AGE OF 18 YEARS (21
YEARS IN PLACES WHERE 18 YEARS IS NOT THE AGE OF MAJORITY), THAT YOU ARE
NOT LOCATED IN A PROHIBITED AREA AND THAT YOU WILL NOT ACCESS THE
WEBSITE FROM ANY PROHIBITED AREA.
2.5 Consequences Of Fraudulent
Age Or Location Representation. You hereby acknowledge that you
understand, and that you hereby agree, that any access to the
age-restricted parts of the Website by a minor or by any person located
in a prohibited area of the world constitutes the unauthorized accessing
of Xvideo-club.com's computers and databases in excess of the
authorization expressly granted by Xvideo-club.com in this Agreement, and
that such unauthorized access violates state, federal and foreign laws,
including, without limitation, The Electronic Communications Privacy
Act, 18 U.S.C. 2701-2710, The Computer Fraud and Abuse Act, 18 U.S.C.
1030 and The California Comprehensive Computer Data Access and Fraud
Act, Cal. Penal Code 502 and constitutes trespass to chattels, and
intentional copyright infringement(s) of the Xvideo-club.com's copyrights
in the Website which are protected under the laws of the United States
and other countries. You further acknowledge that you understand that
any such unauthorized access of the Website could subject you to
potential criminal prosecution and substantial civil liability. For
example, intentional infringement of the Xvideo-club.com's copyright in the
Website could subject you to statutory damages of up to $150,000.
These
Terms of Service apply to all Users. The Website may contain links to
third party websites or provide content from third party websites that
are not owned or controlled by Xvideo-club.com. Xvideo-club.com has no control
over, and assumes no responsibility for, the content, privacy policies,
or practices of any third party websites. By using the Website, you
expressly relieve Xvideo-club.com and its affiliates from any and all
liability arising from your use of any third-party website. Accordingly,
we encourage you to be aware when you leave the Website to read the
terms and conditions and privacy policy of each other website that you
visit.
3. Ability to Accept Terms of Service
You affirm that
you are at least 18 years of age, or the applicable age of majority in
the jurisdiction where you reside and from which you access the Website,
because the Website is prohibited for those not meeting this
requirement. You also affirm that you are fully able and competent to
enter into the terms, conditions, obligations, affirmations,
representations, and warranties set forth in these Terms of Service, and
to abide by and comply with these Terms of Service. If you are under 18
years of age, or under the age of majority in the jurisdiction where
you reside or from which you access this Website, then you do not have
permission to use the Website. You may be asked to provide current,
accurate identification, contact, and other information that may be
required as part of the registration process and/or continued use of the
Website.
4. User Conduct
You agree that you shall not, and
you shall not permit others using your account, if any, to do any of the
following: (a) upload, post, transmit, or otherwise make available any
User Submission that is unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of
another person's privacy (including without limitation any personal
information except with written consent of the owner of such personal
information), hateful, or racially, ethnically, or otherwise
objectionable; (b) impersonate any person or entity, including without
limitation any Xvideo-club.com personnel, or falsely state or otherwise
misrepresent your affiliation with any person or entity; (c) forge
headers or otherwise manipulate identifiers in order to disguise the
origin of any User Submissions transmitted through the Website; (d)
upload, post, or transmit unsolicited commercial email or "spam" or
engage in any practice that is in any way connected with "spam"; (e)
upload, post, or otherwise transmit any User Submission that contains
software viruses or any other computer code, files, or programs designed
to interrupt, destroy, limit the functionality of, or monitor, or
persistently reside in or on any computer software or hardware or
telecommunications equipment; (f) damage, interfere with, or disrupt
Xvideo-club.com, the Website, or Xvideo-club.com networks; (g) intentionally
or unintentionally violate any applicable local, state, national, or
international law, or any regulations or laws having the force of law
where you reside, including without limitation any laws or regulations
relating to securities, privacy, and export control; (h) "stalk" or
otherwise harass another; (i) engage in, promote, or provide
instructional information about, or provide video User Submissions
depicting illegal activities, promote or depict physical harm or injury
against any group or individual, or promote or depict any act of cruelty
to animals; (j) use the Website in any way that exposes Xvideo-club.com to
criminal or civil liability (k) promote, offer for sale, or sell any
item, good, or service that (i) violates any applicable federal, state,
or local law or regulation, (ii) you do not have full power and
authority under all relevant laws and regulations to promote, offer, or
sell, including all necessary licenses and authorizations, or (iii)
Xvideo-club.com determines, in its sole discretion, is inappropriate for
sale through the Website; (l) use the Website as a forwarding service to
another website; or (m) exceed the scope of the service that you have
signed up for.
Xvideo-club.com shall determine in its sole
discretion what action, if any, shall be taken in the event of any
discovered or reported violation of the above-mentioned terms.
If
you decide to register with Xvideo-club.com, you will receive a password
and ID. You are responsible for maintaining the confidentiality of the
password and ID, and are fully responsible for all activities that occur
under your password or ID. Xvideo-club.com reserves the right to hold you
fully responsible for all activities that occur under your password and
ID. Further, you agree to (a) immediately notify Xvideo-club.com of any
unauthorized use of your password or account or any other breach of
security, and (b) ensure that you exit from your account at the end of
each session. Xvideo-club.com cannot and will not be liable for any loss or
damage arising from your failure to comply with this requirement.
Further, you agree not to use the account, username, or password of
another Member.
5. Content
With the exception of all User
Submissions, the content on the Website, including without limitation,
any text, software, scripts, graphics, photos, sounds, music, videos,
interactive features, and the like ("Content") and the trademarks,
service marks, and logos contained therein ("Marks"), are owned by or
licensed to Xvideo-club.com, subject to copyright and other intellectual
property rights under United States and foreign laws and international
conventions. Content on the Website is provided to you AS IS for your
information and personal use only and may not be used, copied,
reproduced, distributed, transmitted, broadcast, displayed, sold,
licensed, or otherwise exploited for any other purposes whatsoever
without the prior written consent of the respective owners. Xvideo-club.com
reserves all rights not expressly granted in and to the Website and the
Content. You agree to not engage in the use, copying, or distribution
of any of the Content other than expressly permitted herein, including
any use, copying, or distribution of User Submissions of third parties
obtained through the Website for any commercial purposes. If you
download or print a copy of the Content for personal use, you must
retain all copyright and other proprietary notices contained therein.
You agree not to circumvent, disable, or otherwise interfere with
security related features of the Website or features that prevent or
restrict use or copying of any Content or enforce limitations on use of
the Website or the Content therein.
6. User Submissions
The
Website permits the submission of User Submissions and the hosting,
sharing, and/or publishing of such User Submissions. You understand that
whether or not such User Submissions are published, Xvideo-club.com does
not guarantee any confidentiality with respect to any submissions.
You
acknowledge and agree that Xvideo-club.com shall have the right (but not
the obligation), in their sole discretion, to refuse to publish, to
remove, or to block access to any User Submission that is available via
the Website or other Xvideo-club.com network products or services at any
time, for any reason, or for no reason at all, with or without notice.
You
expressly acknowledge and agree that Xvideo-club.com may preserve User
Submissions and may also disclose User Submissions if required to do so
by law or in the good faith belief that such preservation or disclosure
is reasonably necessary to: (a) comply with legal process; (b) enforce
this Agreement; (c) respond to claims that any User Submissions violates
the rights of third-parties or any law, regulation, or ordinance; or
(d) protect the rights, property, or personal safety of Xvideo-club.com,
its users, or the public. You acknowledge and agree that the technical
processing and transmission of the Website, including your User
Submissions, may involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting
networks or devices. You further acknowledge and agree that other data
collected and maintained by Xvideo-club.com with regard to its users may be
disclosed in accordance with Xvideo-club.com Policy
You shall be
solely responsible for your own User Submissions and the consequences of
posting or publishing them. In connection with User Submissions, you
affirm, represent, and/or warrant that: (i) you will not post, or allow
anyone else to post, any material that depicts any person under the age
of 18 years and you have inspected and are maintaining written
documentation sufficient to confirm that all subjects of your
submissions are, in fact, over the age of 18 years; (ii) you own or have
the necessary licenses, rights, consents, and permissions to use and
authorize Xvideo-club.com to use all patent, trademark, trade secret,
copyright, moral rights, or other proprietary rights in and to any and
all User Submissions to enable inclusion and use of the User Submissions
in the manner contemplated by the Website and these Terms of Service;
and (iii) you have the written consent, release, and/or permission of
each and every identifiable individual person in the User Submission to
use the name or likeness of each and every such identifiable individual
person to enable inclusion and use of the User Submissions in the manner
contemplated by the Website and these Terms of Service.
For
clarity, you retain all of your ownership rights in your User
Submissions. However, by submitting the User Submissions to the Website,
you hereby grant Xvideo-club.com a worldwide, non-exclusive, royalty-free,
sublicenseable, and transferable license to use, reproduce, distribute,
display, and perform the User Submissions in connection with the
Website and Xvideo-club.com's (and its successor's) business, including
without limitation for promoting and redistributing part or all of the
Website in any media formats and through any media channels. You also
hereby grant each User of the Website a non-exclusive license to access
your User Submissions through the Website, and to display, and perform
such User Submissions as permitted through the functionality of the
Website and under these Terms of Service. The foregoing license granted
by you terminates once you remove or delete a User Submission from the
Website.
You understand that when using the Website, you will be
exposed to User Submissions from a variety of sources, and that
Xvideo-club.com and the Website are not responsible for the accuracy,
usefulness, safety, or intellectual property rights of or relating to
such User Submissions. You further understand and acknowledge that you
may be exposed to User Submissions that are inaccurate, offensive,
indecent, or objectionable, and you agree to waive, and hereby do waive,
any legal or equitable rights or remedies you have or may have against
Xvideo-club.com with respect thereto, and agree to indemnify and hold
Xvideo-club.com, its owners, and operators, affiliates, and/or licensors
harmless to the fullest extent allowed by law regarding all matters
related to your use of the Website.
7. Inappropriate User Submissions
Xvideo-club.com
is responsible for monitoring our services for any inappropriate
content or conduct of our users. If at any time while monitoring and
testing content we find inappropriate content at our sole discretion
will modify or remove such content. Any users that are acting in any
inappropriate manner will have their account removed from our services
along with content that has been uploaded. Xvideo-club.com will review and
delete any User Submissions that, in its sole judgment, violates this
Agreement or may be otherwise offensive or illegal, or violate the
rights, harm, or threaten the safety of any User or person not
associated with the Website (collectively "Inappropriate User
Submissions"). We will review and monitor all User Submissions prior to
becoming visible on the Website including all content to any third-party
website via an embedded player provided by the Website or any other
material or information that you transmit or share with other Users or
unrelated third-parties via the Website.
Xvideo-club.com does not
endorse any User Submission or any opinion, recommendation, or advice
expressed therein; however, all content and user conduct will be
carefully monitored for any inappropriate behavior. Xvideo-club.com does
not permit copyright infringing activities and infringement of
intellectual property rights on its Website, and Xvideo-club.com will
remove all Content and User Submissions if properly notified that such
Content or User Submission infringes on another's intellectual property
rights. Xvideo-club.com reserves the right to remove Content and User
Submissions without prior notice. Xvideo-club.com will also terminate a
User's access to its Website, if he or she is determined to be a repeat
infringer. A repeat infringer is a User who has been notified of
infringing activity more than twice and/or has had a User Submission
removed from the Website more than twice. Xvideo-club.com also reserves the
right to decide whether Content or a User Submission is appropriate and
complies with these Terms of Service for violations other than
copyright infringement and violations of intellectual property law, such
as, but not limited to, obscenity, or defamatory material, or excessive
length. Xvideo-club.com may remove such User Submissions and/or terminate a
User's access for uploading such material in violation of these Terms
of Service at any time, without prior notice and at its sole discretion.
YOU
SHALL NOT USE THE SITE AND SERVICES TO TRANSMIT, ROUTE, PROVIDE
CONNECTIONS TO, OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS
OR VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY
RIGHTS OF ANY THIRD PARTY.
Xvideo-club.com provides the Website as a
service to its users. Xvideo-club.com does monitor, supervise, and control
content posted or stored on its servers at the direction of its Users,
nor does it control or supervise the content of pages that are accessed
via third party links.
Xvideo-club.com takes all laws against child
pornography seriously. Thus, it will not condone, and it intends to
cooperate with all governmental agencies that seek those who produce,
child pornography. By using this website, you agree that all User
Submissions you upload to this website for viewers in the United States
or any of its territories or possessions are fully compliant with all
laws relating to child pornography in the United States, including but
not limited to 18 U.S.C. section 2257. If you need to review this
statute before agreeing to these terms, then visit
//www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00002257----000-.html.
By using this website, you also agree that all User Submissions you
upload to this website for viewers anywhere in the world comply with any
and all applicable laws.
In accordance with the Digital
Millennium Copyright Act of 1998 (the text of which may be found on the
U.S. Copyright Office website at //lcweb.loc.gov/copyright/),
Xvideo-club.com will respond expeditiously to claims of copyright
infringement that are reported to Xvideo-club.com's designated copyright
agent identified below. If you are a copyright owner, or are authorized
to act on behalf of an owner of the copyright or of any exclusive right
under the copyright, and believe that your work has been copied in a way
that constitutes copyright infringement, please report your notice of
infringement to Xvideo-club.com by providing Xvideo-club.com's designated
copyright agent listed below with the following information:
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 copyright 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 the Website;
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
Xvideo-club.com to locate the material;
Information reasonably
sufficient to permit Xvideo-club.com to contact the complaining party,
including a name, address, telephone number and, if available, an email
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; and
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.
Procedures to Ensure
Compliance The Website permits the submission of User Submissions and
the hosting, sharing, and/or publishing of such User Submissions. a)
Requiring all users to be over 18 years old to upload videos or
pictures. b) When uploading, user must verify the content; assure he/she
is over 18 years of age; certify that he/she keeps records of the
models in the content and that they are over 18 years of age. Also, user
must verify her and his consent to publish the submitted content. c)
Xvideo-club.com allows content to be flagged as inappropriate. Should any
content be flagged as illegal, unlawful, harassing, harmful, offensive
or various other reasons, Xvideo-club.com shall remove it from the site
without delay.
8. Equipment and Software
You agree to provide,
at your own expense, Internet access, compatible software, and
compatible equipment to access and use the Website. You may need to
download certain software to use enhanced features and the Website. You
may need to obtain updates or upgrades from time to time in order to
continue using the Website. Xvideo-club.com may modify system requirements
or the Software at any time. Xvideo-club.com MAKES NO WARRANTY THAT ANY
PARTICULAR COMPUTER, PORTABLE DEVICE, OR OTHER RECORDING DEVICE WILL BE
COMPATIBLE WITH THE SOFTWARE AND SERVICE PROVIDED TO YOU, THAT ANY
DEVICE USING THE SOFTWARE AND SERVICE WILL FUNCTION, OR THAT THE WEBSITE
WILL WORK ON THE EQUIPMENT AND SOFTWARE USED BY YOU.
9. Fees
You
acknowledge that Xvideo-club.com reserves the right to charge for the
Xvideo-club.com services and to change its fees from time to time in its
discretion. If Xvideo-club.com terminates your rights to use the
Xvideo-club.com services because you have breached this Agreement, you
shall not be entitled to the refund of any unused portion of
subscription fees.
10. Representations and Warranties
You
represent and warrant that all of the information provided by you to
Xvideo-club.com to participate in the Website is accurate and current; and
you have all necessary right, power, and authority to enter into this
Agreement and to perform the acts required of you hereunder.
11. Privacy
As
a condition to using the Website, you agree to the terms of the
Xvideo-club.com Privacy Policy as it may be updated from time to time. You
acknowledge and agree that the technical processing and transmission of
the Website, including your User Submissions, may involve (a)
transmissions over various networks; and (b) changes to conform and
adapt to technical requirements of connecting networks or devices. You
further acknowledge and agree that other data collected and maintained
by Xvideo-club.com with regard to its users may be disclosed in accordance
with Xvideo-club.com Privacy Policy.
12. Termination
Xvideo-club.com
reserves the right to terminate your access to and/or use of the
Website and remove and discard any Content and User Submissions at any
time for any reason, including without limitation any failure to comply
with any part of this Agreement. Xvideo-club.com also reserves the right to
discontinue providing all or part of the Website. Xvideo-club.com reserves
the right, in its sole discretion, to change or discontinue the Website
and Content at any time, without notice. You agree that any termination
of your access to or use of the Website and any discontinuation by
Xvideo-club.com in providing the Website may be effected without notice to
you and that Xvideo-club.com shall be under no obligation to retain any
User Submissions, provide any further access to any User Submissions or
return any User Submissions to you. You agree that Xvideo-club.com shall
not be liable to you or any third-party for any such termination or for
any interruption or discontinuation of the Website.
13. Warranty Disclaimer/Limitation of Liability
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT
YOUR SOLE RISK AND THAT Xvideo-club.com SERVICES ARE PROVIDED "AS IS" AND
"AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, Xvideo-club.com,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF.
Xvideo-club.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.
IN NO EVENT SHALL Xvideo-club.com, ITS
OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER RESULTING FROM (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 THE WEBSITE, (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 THE
WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, (VI) ANY
CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE Xvideo-club.com
SERVICES, AND/OR (VII) 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 WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT YOU ARE 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.
Xvideo-club.com
DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND Xvideo-club.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.
YOU
SPECIFICALLY ACKNOWLEDGE THAT Xvideo-club.com SHALL NOT BE LIABLE FOR USER
SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY
THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS
ENTIRELY WITH YOU.
Xvideo-club.com makes no representations that
the Website is appropriate or available for use in locations outside of
the Netherlands. Those who access or use the Website from other
jurisdictions do so at their own volition and are responsible for
compliance with local law.
14. Indemnification
You agree to
defend, indemnify, and hold harmless Xvideo-club.com, its members,
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 Website; (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 one of your User Submissions caused damage
to a third party. This defense and indemnification obligation will
survive these Terms of Service and your use of the Website.
15. Advertisements and Promotions
You
understand and agree that Xvideo-club.com may display advertisements on
some or all of the site. You also understand and agree that you will not
obscure any advertisements from general view via HTML/CSS or any other
means. By using the Service, you agree that Xvideo-club.com has the right
to run such advertisements without prior notice and without recompense
to you or any other user. Xvideo-club.com reserves the right to modify the
manner, mode, and extent of advertising on the site at any time without
notice. Any business dealings, interactions, or participation in
sponsored giveaways or promotions with advertisers found on the site,
including payment and delivery of related goods or services, and any
other terms, conditions, warranties, or representations associated with
such dealings, are solely between you and such advertiser. You agree
that Xvideo-club.com shall not be held responsible for any loss or damage
incurred as the result of such interactions or dealings with advertisers
on the site.
16. Zero Tolerance Spam Policy
Spam is defined
as any unsolicited email whether commercial or non-commercial in nature.
Spam includes, but is not limited to email spam, fax spam and search
engine spam. All affiliates are expected to adhere to Xvideo-club.com's no
spam Terms of Service. If you run a newsletter, e-zine, or other kind of
bulk email service, you must have evidence that people signed up to
receive email from you. Any and all spam complaints will be investigated
thoroughly. Any affiliate that engages spam or in promoting prohibited
products or services in connection with their site in any way shall have
their affiliate account terminated and may lose any or all affiliate
commissions due to them. The site owner also shall be held liable for
any and all damages and/or losses that may result as a consequence.