ACCEPTANCE OF TERMS OF SERVICE
These Terms of Service (“TOS”) constitute a binding agreement between you (“User”) and AdsbyPixel LLC (“Operator”) as the operator of our regarding your use of the our website and all other services provided by the Operator (“Service”). Please read these TOS carefully. By accessing the our website or otherwise using the Service you agree to be bound by these TOS, the Operator’s Privacy Policy and the Operator’s DMCA Page. If you do not agree to any provision of these TOS, you are not entitled to access the our website and use the Service.
These TOS may be revised from time to time by the Operator without notice to the User other than appearing on the Service. It is the User’s responsibility to regularly check the Service and to review the TOS in their current version as published on the Service. The User’s continued use of the Service constitutes the User’s agreement to all revisions to the TOS. The TOS were last revised on March 19, 2015.
By accessing the Service the User represents and warrants to the Operator that the User is at least 21 years old, that the User has reached the legal age determined by the governing law of the User’s country of residence to view sexually explicit material, that the User is accessing the Service from a location where the content of the Service is legal and permitted, and that the User will not permit any other person access to the Service who is not allowed to do so. Access to materials provided by the Service from jurisdictions where any contents of the Service are illegal is prohibited.
PROVISION AND MODIFICATION OF THE SERVICE
The User may, in accordance with these TOS, view content provided through the Service and, to the extent permitted by the Operator in writing, download content or portions of content provided by the Service, to a single personal computer or other viewing device. The User may not otherwise copy, distribute, or perform the content of the Service, or create derivative works using that content.
The User may, in accordance with these TOS, upload content, store uploaded content, and share uploaded content through the pertinent features of the Service.
The User agrees that the Service is provided to the User on an as-is and as-available basis. The User agrees that the Operator herewith disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any feature or software included in the Service. The Operator disclaims all responsibility or liability for the acts or omissions of third parties whose services, software, content, or advertising may be utilized in connection with or provided by the Service, and the User agrees that the Operator will not be liable for any such services, software, content, or advertising.
The Operator reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The Service may be subject to interruptions, caused by the Operator or others. The User agrees that the Operator will not be liable for any modification, suspension, interruption or discontinuance of the Service.
CONDITIONS FOR USE OF THE SERVICE
The Operator grants to the User permission to access and use the Service as set forth in these TOS subject to the fulfilment, at any time, of the User’s representations and warranties to the Operator as follows:
The User has the capacity and authority to agree to these TOS and to perform any acts required on the part of the User hereunder.
All user and other information provided by the User to the Operator is accurate and will be kept current by the User at all times.
The User will access and use the Service solely for its own personal use.
The User will comply with all applicable laws and regulations in using the Service and any content of the Service.
The User will not use the Service in any illegal manner or for any illegal purpose, in any other manner that could damage, disable, overburden or impair the Service, or in any manner inconsistent with these TOS.
The User will not use any automated system, software, or device to use the Service or obtain content or information from the Service.
The User will not use any automated system, software, or device to generate or send unsolicited communications to, from, through or on behalf of the Service.
The User will not collect personally identifiable information, including without limitation account names or e-mail addresses, from the Service or, nor use the communication systems provided by the Service for purposes of sending any commercial solicitation.
The User will not upload, post, or otherwise transmit any material that contains software viruses or any other computer code designed to interfere with the functionality of the Service or of any other computer software or hardware or telecommunications device.
The User will not defeat or interfere with any security feature of the Service, or attempt to do so.
The User will not alter or modify any content or component of the Service, other than content the User has uploaded using the Service.
The User will not reproduce, duplicate, copy, sell, trade, resell or exploit, for any commercial purpose, any content (other than content the User has uploaded using the Service) or any component of the Service, or any use of or any access to the Service, without the prior written permission of the Operator.
The User may not maintain more than one account with the Service. The User may not open a new or additional account with the Service after the User’s account has been temporarily or permanently blocked from submitting User Content to the Service or after the User’s account has been terminated for any reason.
USER’S CONDUCT AND USE OF THE SERVICE
The Service and all of its components are intended only for adults who may legally access and use them. The Service provides access to sexually explicit material. In addition, the Service may provide the User with the ability to communicate with other users of the Service, to interact with performers online, and to upload, store, and share content.
The User is responsible for its own use of the Service. The User acknowledges that it is solely responsible for any audio, video, music, text, links, or other content that the User posts, publishes, uploads, displays or otherwise communicates through the Service (collectively “User Content”), and for the consequences of posting, publishing, uploading or displaying any User Content.
The Service provides the User with the ability to upload User Content to the Service for non-commercial purposes. User Content uploaded through the our website will generally be made public. The User consents to the public dissemination of all User Content the User submits through the our website. The User understands that once made public User Content will be in the public domain and cannot be made private again. The User understands and agrees that User Content the User communicates using the Service may be recorded, stored, copied and/or retransmitted by the Operator.
The User agrees that it will not use the Service to post, transmit, or share User Content that the User did not create or that the User does not have permission to use, share and publish through the Service. The User confirms that it has all intellectual property rights (including without limitation copyright and trademark rights), licenses, and permissions that are needed to use, to display on the Service and to authorize the Operator to use User Content the User provides in the manner described in these TOS. By submitting, uploading or posting User Content, the User warrants that it does not infringe upon any intellectual property rights of another person.
The User understands that it is generally illegal to record or publish any sexually explicit video without the consent of all participants to the recording and publication of such material. The User also understands that it may be illegal to publish, for a commercial or non-commercial purpose, any video or audio recording of another person without their consent. By submitting or posting User Content, the User warrants that every person depicted in the User Content has consented to the recording of that material and its publication on the Service. By submitting or posting User Content on the Service the User warrants that it has obtained any and all permissions, releases, and consents necessary to record, publish and display the User Content, including for a commercial purpose.
The User understands that it is illegal to possess or distribute any depiction of a minor engaged in any actual or simulated sexually explicit conduct. The User agrees that it will not use the Service to solicit, post, transmit, or share child pornography. The use of the Service to publish or transmit child pornography will not be tolerated. If identified, it will be reported to law enforcement authorities, the User will be immediately blocked from uploading any more User Content, all materials the User has previously uploaded will be at least temporarily blocked and the User’s account may be deleted by the Operator. By submitting or posting any User Content containing sexually explicit material, the User warrants that it has determined, through personal knowledge or the use of appropriate legal forms of identification, that all persons depicted in any sexually explicit material are at least 18 years of age, and have reached the legal age determined by the governing law of any relevant country, including the country of residence of the User, to participate in the recording and publication of sexually explicit material.
The User agrees that it will not use the Service to post, transmit, or share User Content that is defamatory, invasive of the privacy of another person, graphically violent, physically threatening, abusive, hateful, racial, intended for any illegal purpose, or otherwise illegal. By submitting or posting User Content, the User warrants that the User Content is not defamatory, invasive of the privacy of another person, graphically violent, physically threatening, abusive, hateful, racial, intended for any illegal purpose, or otherwise illegal.
The User acknowledges that the Operator does not covenant that any User Content the User submits to the Service or that the User communicate using the Service will be maintained by the Operator. The User is solely responsible for creating backup copies of and replacing any User Content the User submits to or posts on the Service, at its own cost and expense. The User agrees that the Operator has no responsibility or liability for the loss or deletion of, or the failure to store or to transmit, any User Content. The Operator retains the right to create limits on use and storage at its sole discretion, at any time, with or without notice.
By accessing or using the Service, the User acknowledges and agrees that the Operator is engaged in the transmission, storage, retrieval, hosting, formatting or translation (or any combination thereof) of the User Content provided by the Service without selection or alteration of the User Content, and that all User Content provided by the Service is governed by section 230(c) of Title 47 of the United States Code (47 U.S.C. § 230(c)) and by section 2257(h)(2)(B)(v) of Title 18 of the United States Code (18 U.S.C. § 2257(h)(2)(B)(v).)
RIGHTS TO THE CONTENT ON THE SERVICE
All content and components of the Service other than User Content (“Service Content”), including without limitation, the software, text, photos, video and audio content, graphics, interactive features and advertisements, and all trademarks, service marks and logos used in the Service, are owned by the Operator, or are licensed to the Operator subject to copyrights or other intellectual property rights held by others. The Operator reserves all rights to the Service Content, User Content, and any other component or content of the Service not expressly granted to the User by these TOS.
The Operator provides the Service for the personal, non-commercial use of viewers, visitors, subscribers or potential subscribers of the Service. The User is granted a personal, non-exclusive, nontransferable license to view, on a single computer or other viewing device only, the content of the Service. The Operator reserves the right to limit the amount of materials viewed or accessible. Commercial use of any content or other component of the Service, other than the User’s own commercial use of User Content the User has uploaded, is strictly prohibited. In addition, except with respect to User Content that the User has uploaded, the User may not: (i) modify any of the materials provided by the Service; (ii) copy, reproduce, publicly display or perform, distribute, or prepare derivative works from any of the content or other component of the Service; (iii) remove, modify or alter any copyright, trademark, or other attribution or proprietary notice from any of the materials used in the Service; or (iv) otherwise transfer any material provided through the Service to any other person or entity. The Operator reserves the right to terminate this license at any time, in particular if the User breaches or violates any provision of these TOS, in which case the User will be obliged to immediately destroy any materials it has obtained from the Service.
By submitting, posting, or communicating User Content using the Service, the User grants to the Operator an irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty-free, worldwide license, including for commercial purposes, to: (1) use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute the User Content in or through any medium now known or hereafter invented, for any purpose; (2) to prepare derivative works using the User Content, or to incorporate it into other works, for any purpose; and (3) to grant and authorize sublicenses of any or all of the foregoing rights.
The Operator does not assert any ownership over any User Content; rather, subject to the rights granted to the Operator in these TOS, the User retains full ownership of all its User Content and any intellectual property rights or other proprietary rights associated with its User Content.
The Operator may obtain and exercise intellectual property rights over compilations, collective works, or derivative works that incorporate User Content the User has provided. In that case, the rights the Operator obtains will apply only to the compilation, collective work, or derivative work; as between the Operator and the User, subject to the rights granted to the Operator in these TOS, the User will retain full ownership of and rights to its User Content.
By submitting or communicating any User Content using the Service, the User also authorizes the Operator to record and make such copies thereof as it deems necessary in order to facilitate the posting, maintenance, and storage of the User Content as part of the Service.
OBJECTIONABLE OR INAPPROPRIATE CONTENT
By its very nature, the Service may include offensive, harmful, inaccurate or otherwise offensive or objectionable material. In some cases, the Service may include content that has been mislabeled or is otherwise deceptive. The User will use caution and common sense and exercise proper judgment when using the Service. The Operator does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any content provided by the Service. The User acknowledges that any use of or reliance on material provided by the Service will be at its own risk.
The Operator may review any content provided by the Service, including any User Content uploaded using the Service, and reserves the right to refuse to distribute any such content or to remove any content from the Service, in its sole discretion. However, the User acknowledges and agrees that the Operator is not obliged to remove any content, including User Content, from the Service, unless and until it is established pursuant to the requirements of the law that the content is illegal or should be removed for any other reason.
If the User believes any content provided by the Service is illegal or violates these TOS, the User may inform the Operator by using its contact form. The Operator will review the User’s message and the content to which the User objects (provided it is still available through the Service). The Operator may remove the content if, in the Operator’s judgment, it is illegal or otherwise inappropriate. The User understands that deciding whether content is inappropriate is a judgment call, and that the Operator is not legally responsible for content that it does not originate. Neither is the Operator legally responsible for removing content that it deems inappropriate from the Service.
The Operator reserves the right to access, read, preserve, disclose and otherwise process any information as it reasonably believes is necessary to do any of the following: (1) satisfy any applicable law, regulation, legal process or legitimate governmental request; (2) enforce these TOS, including investigation of potential violations hereof; (3) detect, prevent, or otherwise address fraud, security or technical issues; (4) respond to user support requests; or (5) protect the rights, property or safety of the Operator, its users and the general public. The User agrees that the Operator will not be liable for exercising or failing to exercise any of these rights.
COPYRIGHT
The Operator respects the intellectual property rights of others. The Operator prohibits Users from uploading, posting or otherwise transmitting materials that violate the intellectual property rights of others. If any copyright owner or an agent thereof believes that any content of the Service infringes upon its copyrights, he may submit a notification of alleged copyright infringement (“Infringement Notice”) in accordance with 17 U.S.C. § 512 of the Digital Millennium Copyright Act (“DMCA”) by following the directions on the Operator’s DMCA Page.
Upon receipt by the Operator of an Infringement Notification the Operator will proceed as follows:
If the Infringement Notice concerns the User Content of a User against whose account no more than four Infringement Events, as defined hereunder, have been recorded, the Operator will forward the Infringement Notice to the User who has at any time uploaded the relevant User Content and request that User to provide the Operator’s designated copyright agent within seventy-two (72) hours after forwarding the Infringement Notice to the User with a proper counter-notice that complies in every respect with the requirements of 17 U.S.C. § 512(g)(3) (“Counter-Notice”).
For each event of the User failing to provide the Operator’s designated copyright agent within seventy-two (72) hours after receipt of the Infringement Notice by the User with a Counter-Notice an “Infringement Event” will be recorded against the User’s account. Upon each Infringement Event the Operator has the right to reveal all information in its possession concerning the User’s account and usage of the Service to law enforcement authorities, copyright owners and other parties.
By the User’s use of the Service, the User acknowledges and agrees that the Operator’s belief the User is a repeat copyright infringer may be rationally based upon the occurrence of five or more Infringement Events, where: (i) the Infringement Notices are directed towards materials that the User has submitted for publication on the Service; and (ii) the Infringement Notices do not concern what the Operator reasonably believes to be “fair uses” of copyrightable material as determined under 17 U.S.C. § 107.
In the event that a fifth Infringement Event is recorded against the User’s account that account will be blocked from submitting any more materials to the Service. The Operator, however, in certain circumstances and in its sole discretion has the right to do so upon the first or any later Infringement Event and may also in its sole discretion delete the User’s account.
NAMES AND TRADEMARKS
The logos and product or service names used for the Service or otherwise on our are trademarks owned by the Operator. All other trademarks used in the Service or otherwise on our are trademarks of their respective owners and the Operator’s reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made.
SPONSORS, ADVERTISERS AND THIRD PARTIES
The Service may provide links to sponsor, advertiser, or other third-party websites that are not owned or controlled by the Operator. Inclusion of, linking to, or permitting the use or installation of any third-party website, application, software, advertising or other content does not imply any approval or endorsement thereof by the Operator. The Operator has no control over, and assumes no responsibility for any such third-party content including the privacy policies and practices of any third parties. By accessing or using the Service, the User agrees to release the Operator from any and all liability arising from the User’s use of any third-party website, content, service, or software accessed through the Service.
The User’s communications or dealings with, or participation in promotions of, sponsors, advertisers, or other third parties found through the Service, are solely between the User and such third parties. The User agrees that the Operator will not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with such sponsors, third parties or advertisers, or as the result of their presence in the Service.
PRIVACY
As a condition of using the Service, the User agrees to the terms of the Operator’s Privacy Policy as applicable at the time of the User’s use of the Service. The Privacy Policy may be revised from time to time without notice to the User other than appearing on the Service. The Privacy Policy will indicate when it was last revised. It is the User’s responsibility to regularly check the Service for any revisions of the Privacy Policy. The User’s continued use of the Service constitutes the User’s agreement to all revisions to the Privacy Policy.
TERMINATION
The Operator may, in its sole discretion, terminate the User’s access to the Service, delete any content or information that the User has posted or communicated through the Service, and/or prohibit the User from using the Service, at any time, with or without notice, and for any reason, including but not limited to violation of these TOS.
DISCLAIMER OF WARRANTIES
The User expressly understands and agrees that its use of the Service is at the User’s sole risk. The Service is provided on an as-is and as-available basis. The Operator expressly disclaims any and all warranties of any kind for the Service, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
In particular, and without limitation, the Operator makes no warranty that: (1) the Service will meet the User’s requirements; (2) the Service will be uninterrupted, timely, secure and error-free; (3) the results that may be obtained from the use of the Service will be accurate and reliable; (4) the quality of any products, services, information or other material obtained by the User through the Service will meet the User’s expectations; (5) any errors in the contents or components of the Service will be corrected; or (6) the Service is free of viruses and other harmful components.
No advice or information, oral or written, obtained by the User from the Operator will create any warranty not expressly stated in these TOS.
LIMITATION OF LIABILITY
The User expressly understands and agrees that the Operator will not be liable for: (1) any criminal or other offences or any non-compliance with applicable laws the User is accused of or convicted for and; (2) any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Operator has been advised of the possibility of such damages), in each case resulting from the use by the User of or its inability to use the Service.
In particular, and without limitation, the Operator will have no liability for damages arising from: (1) accessing, downloading, or otherwise obtaining any content or component of the Service, even if it results in the inadvertent transfer of harmful computer code, such as viruses, malware, or spyware; (2) unauthorized access to or disclosure or alteration of any of the User’s postings, transmissions or data; (3) content or conduct of any third party provided through the Service; or (4) as otherwise indicated in these TOS.
Under no circumstances will the Operator’s total liability for any and all claims by the User arising out of or related to these TOS or the use of the Service exceed the greater of: (1) the amount paid by the User to the Operator for using the Service and; (2) the amount of US$ 100
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations on liability and damages contained in these TOS may not apply to the User and these TOS will apply to the furthest extent permitted by the jurisdiction applying for the relationship between the Operator and the User.
The provisions of these TOS that provide for limitations of liability, disclaimers of warranties, or exclusion of damages allocate risks between the User and the Operator. That allocation is reflected in the delivery of free content to the User by the Operator, and is an essential element of the transactions between the User and the Operator. Each of the provisions of these TOS is severable and independent of all other provisions of these TOS. The limitations of liability, disclaimers of warranties, or exclusion of damages in these TOS will apply notwithstanding any failure of essential purpose of any limited remedy under these TOS.
INDEMNIFICATION
The User agrees to hold harmless and indemnify the Operator, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to the User’s use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. The Operator will make reasonable efforts to provide the User with written notice of any such claim, suit or action, but the failure of the Operator to provide such notice will not relieve the User of these obligations.
SEVERABILITY
I If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the User and the Operator nevertheless agree that the court should endeavor to give effect to the their intentions as reflected in the relevant provision, and the other provisions of the TOS remain in full force and effect.
NON-WAIVER
The failure of the Operator to exercise or enforce any right or provision of the TOS will not constitute a waiver of such right or provision.
CHOICE OF LAW
The agreement created by these TOS, and any dispute arising from or relating to these TOS or the provision or use of the Service, will be governed by the laws of the United States and the State of Illinois, without giving effect to conflict of laws provisions.
ARBITRATION AND CLASS ACTION WAIVER
The User and the Operator agree that disputes between them will be resolved through binding and final arbitration instead of through court proceedings. The User and the Operator hereby waive any right to a jury trial of any dispute between them that is subject to this arbitration agreement. Neither the User nor the Operator may bring a claim against the other as a class action. Neither the User nor the Operator may act as a private attorney general or class representative, nor participate as a member of a class of claimants with respect to any dispute or claim between them.
As used in this Clause 19, the terms “Operator” and “User” include the Operator’s and the User’s respective owners, officers, directors, shareholders, employees, subsidiaries, affiliates, agents, predecessors in interest, successors, attorneys, and assigns. This Clause 19 will be interpreted broadly, and will encompass all disputes between the User and the Operator, including, but not limited to claims that relate in any way to the relationship between the User and the Operator, the User’s use of the Service, and any advertising or content of the Service, regardless of legal or equitable theory.
This Clause 19 does not preclude the User from seeking action by United States federal, state, or local government agencies. Such agencies can, if the law allows, seek relief from the Operator on the User’s behalf. Moreover, the User and the Operator have the right to bring qualifying claims in small claims court.
Arbitration of any dispute or claim must be initiated within two years, or within the period of time provided by applicable statute, after the date on which the basis for the dispute or claim first arises. The arbitration will be conducted by the JAMS Foundation dispute resolution service pursuant to the JAMS Arbitration Administrative Policies and, unless otherwise agreed in writing by the parties, to the applicable JAMS Arbitration Rules and Procedures. To initiate arbitration, the User or the Operator must submit a claim to JAMS, 71 S. Wacker-Drive Suite 3090, Chicago, IL 60606, with notice to the other party by certified mail.
These TOS may evidence a transaction in interstate commerce, and thus the arbitration will be subject to the Federal Arbitration Act, 9 U.S.C. §§ 1-16 et seq. (“FAA”). In addition, the arbitration will be conducted under the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”) in effect on the date of commencement of the arbitration, as modified by these TOS. The arbitration will be conducted by a single arbitrator. The arbitration will be based entirely on the written submissions of the parties and documents submitted to the arbitrator, unless the parties agree or the arbitrator orders otherwise. Unless the parties agree otherwise, the arbitrator may not join the User’s claim(s) or the Operator’s claim(s) with any other claim, and may not preside over any representative or class proceedings. The payment of fees and other costs to JAMS will be governed by the JAMS rules.
In issuing any award, the arbitrator will issue a written decision that is sufficiently detailed to inform both the User and the Operator of the reasons for his or her decision. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only as necessary to provide the relief warranted by that party’s individual claim. Any award may be confirmed and enforced in any court of competent jurisdiction. All post-award proceedings will be governed by the FAA.
ENTIRE AGREEMENT
These TOS, together with the Operator’s Privacy Policy and the Operator’s DMCA Page, constitute the entire agreement between the User and the Operator and govern the User’s use of the Service. The User may be subject to additional terms and conditions that may apply when the User uses or purchases certain other services, such as affiliate services, third-party content or third-party software. In order to determine what those obligations may be, the User understands and agrees that it is its responsibility to review any and all terms and conditions of usage and privacy policies with respect to such service, content, or software.
CONTACTING THE OPERATOR
For any questions or concerns about these TOS or the Service, please contact the Operator using the contact form.
Email: info [at] adsbypixel.com
