User Terms and
Conditions For:
www.youjizz.com
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[Last Modified on May 31, 2011]
- PREAMBLE
By accessing
this website (including all material contained therein), you declare
your assent to the following User Terms and Conditions (hereinafter
"Terms and Conditions" or "Agreement") and our Privacy Policy.
Please read them carefully.
The provisions
of this Agreement will govern Your use of Our Website(s), and You should
therefore take some time to read the Agreement carefully. Our
Website is different from many other websites on the Internet as it
contains advertisements, communications, and links posted by independent
third parties, over which We exert no control. We do not get involved
in any disputes that may develop between Our advertisers and others,
and We do not facilitate communication between third parties.
Therefore, You are urged to use Your own good judgment and common sense
when responding to such advertisements, as We are not responsible for
any interactions occurring between Our Users and Our advertisers.
Federal law protects sites like Ours from civil claims, so We encourage
You to independently research any information found in Our advertisements,
before making any decisions. We hope that You thoroughly enjoy
Our services, and anticipate that You will find Our Website useful and
informative. Should You have any questions or comments regarding
Our Website, or its policies, please feel free to contact Us at: youjizzadmin@gmail.com.
- Through these Terms
and Conditions, We are placing legal conditions on Your use of this
Website and making certain promises to You:
- 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, then You are not welcome to use
this Website and should leave and use another service.
- 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!
- If You do not understand
all of the terms in this Agreement, then You should consult with a lawyer
before using the Website.
- Party Definitions
and Introductory Terms - The operative parties referred to in this
Agreement are defined as follows:
- Us, We, the Company
- International Media, Ltd., is the operator of this website,
along with any successor, predecessor and/or affiliated domains (the
"Site" or "Sites"). Hereinafter, International Media,
Ltd. shall be referred to as "Company." When first-person
pronouns are used in this Agreement, (Us, We, Our, Ours, etc.) these
provisions are referring to Company as publisher of this Site and/or
the Sites listed at the beginning of this Agreement. Additionally, when
the terms "the Site" or "Site" are used, these terms refer to
any of the websites listed at the beginning of this Agreement, unless
a site is specifically exempt from this Agreement. Our Site(s), and
the Services the Site provides ("Services"), may contain images
and content, including but not limited to text, software, images, graphics,
data, messages, or any other information, and any other website content
owned, operated, licensed, or controlled by the Company (collectively,
"Materials").
- You, the User
- As the User of this Site and/or Services, this Agreement will
refer to the User as "You" or through any second-person pronouns,
such as "Yours," etc. Hereinafter, the User of the Site and/or
Services shall be referred to in applicable second-person pronouns.
You certify that You are over eighteen (18) years of age.
- User vs. Member
- For the purposes of this Agreement, all Members are Users, but
not all Users are Members. This Agreement applies to all Users
whether they are Members or not. You become a User by accessing
the Site or Service in any way. You need not become a Member of
the Site to make this Agreement apply to You. You become a Member
by registering with the Site for a User ID and password, as discussed
below.
- What this Agreement
is - This Agreement is a legal contract between You and the Company.
You should treat it as any other legal contract by reading its provisions
carefully, as they will affect Your legal rights. By accessing the Site
in any manner, You are affirmatively agreeing to be bound by all of
the terms contained in this Agreement. You may not pick and choose which
terms apply to You. If You do not agree with all of the terms in this
Agreement, You must cease all access and use of the Site and any other
services provided by the Company. Nothing in this Agreement is
intended to create any enforcement rights by third parties.
- Consideration
- Consideration for Your acquiescence to all of the provisions in this
Agreement has been provided to You in the form of allowing You to use
Our Site and Our Services. You agree that such Consideration is
both adequate, and that it is received upon Your viewing or using any
portion of any of Our Site(s) and/or Services.
- Electronic Signatures
/ Assent Required:
- Nobody is authorized
to access this Site or use the Services unless they have signed this
Agreement. Such signature does not need to be a physical signature,
since electronic acceptance of this Agreement is permitted by applicable
law. You manifest Your agreement to this Agreement by taking any act
demonstrating Your assent thereto. Most likely, You have clicked
or will click a button containing the words "I agree" or some similar
syntax. You should understand that this has the same legal effect
as You placing Your physical signature on any other legal contract.
If You click any link, button, or other device provided to You in any
part of Our Site's interface, then you have legally agreed to all
of these Terms and Conditions. Additionally, by using any part
of Our Site or Services in any manner, 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 fail to sign
this Agreement, You understand that You are an unauthorized user of
the Site and Services, despite any payments made or subscriptions 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.
- 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.
- Revisions to
this User Agreement:
- From time to time,
We may revise this Agreement. We reserve the right to do so, and
You agree that We have this unilateral right. You agree that all
modifications or changes to this Agreement are in force and enforceable
immediately upon posting. Any updated or edited version supersedes
any prior versions immediately upon posting, and the prior version is
of no continuing legal effect unless the revised version specifically
refers to the prior version and keeps the prior version or portions
thereof in effect. To the extent any amendment of this Agreement
is deemed ineffective or invalid by any court, the parties intend that
the prior, effective version of this Agreement be considered valid and
enforceable to the fullest extent.
- We agree that if
We change anything in this Agreement, We will change the "last modified"
date at the top of this Agreement so that it is immediately obvious
that We have updated the Agreement. You agree to periodically
re-visit this web page, and to use the "refresh" button on Your
browser when doing so. 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 that You need to re-review it in order to determine how Your rights
and responsibilities may have been affected by the revisions.
- Waiver - if You
fail to periodically review this Agreement to determine if any of the
terms have changed, You assume all responsibility for Your failure to
do so and You agree that such failure amounts to Your affirmative waiver
of Your right to review the amended terms. We are not responsible
for Your neglect of Your legal rights.
- Incorporations
by Reference. Although this Agreement represents the primary
terms and conditions of service for Our Site, additional guidelines
and rules are hereby incorporated by reference. The document(s)
which can be found on Our Site, and which are specifically incorporated
by reference, and are therefore part and parcel of this Agreement are
the following:
- ACCESS
- By
accessing the Site, you certify that:
- You
are using the Site solely for personal, noncommercial purposes;
- You
will not copy or distribute any part of the Site without Our prior written
authorization;
- You
will fully comply with these Terms And Conditions as well as Privacy
Policy.
- ACCOUNTS
- Although much of
the Site is available without creating an account, certain features
of the Site may require an account before access is granted. You may
never use another's account without permission. If You create an account,
You are solely responsible for the activity that occurs on Your account,
and You must keep Your account password secure. You must notify the
Site immediately of any breach of security or unauthorized use of Your
account. Although the Site will not be liable for Your losses caused
by any unauthorized use of Your account, You may be liable for the losses
of the Site or others due to such unauthorized use.
- You understand and
agree that by creating an account on any of the Sites listed at the
beginning of this Agreement, You will be able to use such account with
any and all of the Sites. As explained below, any content that
You upload via Our Services will be accessible from any of the Sites
listed above.
- The Site has the
right to suspend or terminate Your account (including paid accounts
if available) at any time, with or without cause, and may refuse any
and all current or future use of the Site or any portion thereof.
- User access to the
Site is free of charge. We do not provide paid memberships of
any kind. Any premium memberships or subscriptions made available
via the Site are provided in part or entirely by third parties regardless
of any branding or names associated with such memberships. The Site
is not responsible for the activities of any third party or the content
of any third party Web site, including a third party's use of cookies
or any other information (such as IP address, browser type or operating
system) collected when You click through links on the Site to their
sites or view advertisements. Links to such third party sites are not
to be taken as an endorsement by the Site of the third party site or
any products promoted, offered or sold on the third party site, or as
an indication that such sites are free from computer viruses or anything
else that has destructive properties. You are responsible for reviewing
any terms and conditions of membership on third party sites.
- Memberships may
not be transferred or sold to a third party. We and Our affiliates disclaim
any and all liability arising from fraudulent entry and use of the Site.
If a User or Member fraudulently obtains access, the Site may terminate
access and membership immediately and take all necessary and appropriate
actions under applicable federal, state, and international laws.
- You are entirely
responsible for any and all activities conducted through Your account.
You agree to notify Us immediately of any unauthorized use of Your password
or accounts as well as of any other breach of security.
- Subject to Your
acceptance of this Agreement, We grant You a limited, nonexclusive,
nontransferable personal license to access and use the Site, Materials,
and the Services contained therein. We provide the Materials and Services
on this Site for the personal, non-commercial use by Users of the Site.
Users of this Site are granted a single copy license to view the Materials
(on a single computer only).
- All Materials and
Services available on the Site shall be for private non-commercial use
only, and all other uses are strictly prohibited. If You are a
business entity or commercial concern, Your presence on the Site is
not allowed unless it is expressly authorized in writing by Us. We reserve
the right to pursue vigorous legal action against unauthorized access
by business and commercial entities.
- We reserve the right
to limit the amount of Materials viewed. You agree to prevent
any unauthorized copying of the Site, or any of the Materials contained
therein. Any unauthorized use of the Site or any of the Materials
contained therein terminates this limited license effective immediately.
This is a license to use and access the Site for its intended purpose
and is not a transfer of title. You will not copy or redistribute
any of the content appearing on this Site. We reserve the right
to terminate this license at any time if You breach or violate any provision
of this Agreement, in which case You will be obligated to immediately
destroy any information or Materials You have downloaded, printed or
otherwise copied from this Site. Violators of this limited license
may be prosecuted to the fullest extent under the applicable law.
- Service Interruption:
From time to time due to technological factors, scheduled software uploads
and other factors beyond Our control, the Service may be temporarily
interrupted and/or access to the Site and the ability to log into the
Site may not be available. You agree to hold Us harmless against
any such interruption of or inability to access the Service.
- Agreement to
Receive Notifications and Other Communications: We reserve the right
to send electronic mail or other messages to You and to other Members.
The purpose of these communications may include but is not limited to:
- Provide information
to You regarding products or services offered by Our affiliates or partners;
- Inform You about
any of Our related products or services;
- Provide You with
information about any item that We think, in Our sole discretion, may
be of interest to You.
- SPECIAL CONSIDERATIONS
REGARDING MINORS
- Age of Majority.
In order to use the Site or any Services provided by the Company, You
must have attained the age of majority in Your jurisdiction. You
represent and warrant 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.
If You are not at least eighteen (18) or twenty-one (21) years of age,
depending on the age of majority in Your jurisdiction, You must exit
the Site immediately and may not use or access the Site or the Services
in any manner.
- We specifically
disclaim any responsibility or liability for any misrepresentations
regarding a User's age.
- You represent
and warrant that You will not allow any minor access to this Site or
Services. 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 or mobile device 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 any age-restricted
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 OR ANY PEDOPHILIC ACTIVITY.
- You understand
that all depictions of all persons on this Site and in all Materials
produced or published by Us 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 individuals are depicted in
any of Our Materials.
- If You seek any
form of material involving minors (including so-called
"virtual" pornography involving minors), You must exit this Site
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.
- In order to further
Our zero-tolerance policy, You agree that You will report any images,
real or simulated, 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 contacting
Us at: youjizzadmin@gmail.com.
- 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.
- We enthusiastically
cooperate with any law-enforcement agency investigating child pornography.
If You suspect other outside websites are participating in unlawful
activities involving minors, please report them to a child pornography
reporting service such as ASACP.org;
- IMAGES AND CONTENT
- Our Site(s) and
Services contain images and content, including but not limited to text,
software, images, graphics, data, messages, or any other information,
and any other website content owned, operated, licensed, or controlled
by Us.
- You acknowledge
and stipulate that all of the Materials constitute expressive content
that is fully protected by the Canadian Charter of Rights and Freedoms,
the First Amendment of the U.S. Constitution, and other similar legal
principles.
- You acknowledge
and understand that some or all of the Materials on Our Site and transmitted
via Our Services may be inappropriate for viewing by minors. You
acknowledge that You are aware of the nature of the Materials provided
by or through the Site and that You are not offended by such Materials,
and that You access the Site and Services freely, voluntarily, willingly,
and for Your own personal enjoyment.
- 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 You can research such services at websites such as: http://www.getnetwise.org or http://www.child-internet-safety.com/internet_filters.php, among others. Please note that We
make no representation or warranty regarding any of the products or
services referenced on such sites, 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 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 violative 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
violative of Our policies, without impacting Our status as the provider
of an interactive computer service. 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.
- USERNAMES AND
COMMENTS
- Your privilege to
make comments and to participate in the Site is dependent on Your continued
compliance with these Terms and Conditions, specifically including the
Community Standards and User Conduct Policy below. The Site may revoke
Your privileges, terminate Your registration/account or take any other
measures deemed by the Site to be appropriate, in its sole discretion,
to enforce these Terms and Conditions if violations are brought to Our
attention. You agree that the Site may change, remove or replace any
username for any reason. We may refuse to grant You, and You may not
use, a Site username that is already being used by someone else; that
may be construed as impersonating a company or another person; that
belongs to a company or another person; that violates the intellectual
property or other rights of any entity or person; that is offensive;
or that We reject for any other reason. Please note that usernames may
be viewed by the public, so You should not choose a username that personally
identifies You.
- Although the Site
does not have the obligation to review Your submissions prior to posting,
all submissions are subject to the Site's Community Standards and
User Conduct Policy below.
- COMMUNITY STANDARDS
AND USER CONDUCT POLICY
- You agree that You
are entirely responsible for any submission that You post, email or
otherwise transmit to or via the Site, whether publicly posted or privately
transmitted. If We determine that You provide or intend to provide
any services or material in violation of any law, Your ability to use
the Site and Services will be terminated immediately without any reimbursement
of any payment You may have made to Us.
- In addition, You
will not use the Site or the Services to:
- Upload, or otherwise
make available files or products that contain images, photographs, software
or other material protected by intellectual property laws, including,
by way of example, and not as limitation, copyright or trademark laws
(or by rights of privacy or publicity) unless You own or control the
rights thereto or have received all necessary consents to do same;
- Upload, post, email
or otherwise transmit any submission that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm or unlawfully
exploit minors in any way (including but not limited to uploading, posting,
emailing, or otherwise transmitting any submission involving a minor);
- Upload, post, email
otherwise transmit any submission depicting animal cruelty;
- Impersonate any
person or entity, or falsely state or otherwise misrepresent Your affiliation
with a person or entity;
- Forge headers or
otherwise attempt to disguise the origin of any submission transmitted
through the Site;
- Upload, post, email
or otherwise transmit any submission that You do not have a right to
transmit under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or disclosed
as part of employment relationships or under nondisclosure agreements);
- Upload, post, email
or otherwise transmit any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except
in those areas that We may designate for such purpose;
- Interfere with or
disrupt the Site, or servers or networks connected to the Site, or disobey
any requirements, procedures, policies or regulations of networks or
third party providers connected to, or providing the Site;
- Intentionally or
unintentionally violate any applicable local, state, national or international
law, and any regulations having the force of law;
- "Stalk"
or otherwise harass another member or User of the Site;
- Collect or store
personal data about other Users, or Members, including via the use of
any data mining, bots, or similar data gathering and extraction tools;
- Duplicate any part
of Our Site or the Materials contained therein or received via the Services
(except as expressly provided elsewhere);
- Create any derivative
works based on Our Site or any of the Materials contained therein or
received via the Services, and You agree and stipulate that any and
all derivative works are NOT "fair use";
- Use Our Site or
Services, or any of the Materials contained therein, for any public
display, public performance, sale or rental, and You hereby agree and
stipulate that any and all such uses are NOT "fair use";
- Re-distribute Our
Site or any of the Materials contained therein or received through the
Services, and You hereby agree and stipulate that any and all such uses
are NOT "fair use";
- Remove any copyright
or other proprietary notices from Our Site or any of the Materials contained
therein;
- Frame or utilize
any framing techniques in connection with Our Site or any of the Materials
contained therein;
- Use any meta-tags
or any other "hidden text" using Our Site's name or marks, and
You hereby stipulate that any use of the Site's name or marks, or
any other marks owned by Us is an infringement upon Our trademark rights,
and You stipulate to liquidated damages of five thousand dollars ($5000)
per such infringement, plus You agree to pay any and all fees incurred
in the recovery of this amount, including attorney's fees and all
associated costs;
- "Deep-link"
to any page of Our Site (including the homepage), or avoid agreement
to the Site's Terms & Conditions; You may only link to and/or
bookmark the main entry page;
- Circumvent any
encryption or other security tools used anywhere on the Site or in conjunction
with the Services (including the theft of user names and passwords or
using another person's user name and password in order to gain access
to a restricted area of the Site);
- Sell, rent, lease,
license, sublicense, transfer, distribute, re-transmit, time-share,
use as a service bureau or otherwise assign to any third party the Materials
or Services or any of Your rights to access and use the Materials or
Services as granted specifically by this Agreement;
- Use Our Services
for any commercial purpose unless expressly agreed to by Us in writing
and at Our sole discretion. Without such consent by Us, Your use
of the Site and Services is strictly for personal use;
- Share any information
provided to You by another Member unless such Member has given you permission
to do so;
- Use any material
or information, including images or photographs, which are made available
through the Services in any manner that infringes any copyright, trademark,
patent, trade secret, or other proprietary right of any party;
- Upload files that
contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted
files, or any other similar software or programs that may damage the
operation of another's property or of the Site and Services;
- Download any file
posted by another user of a Service that You know, or reasonably should
know, cannot be legally distributed in such manner;
- Falsify or delete
any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other
material contained in a file that is uploaded;
- Restrict or inhibit
any other user from using and enjoying the Services;
- Publish
falsehoods or misrepresentations that could damage the Site or any third
party;
- Post
advertisements or solicitations of business.
- Interference.
Except where expressly permitted by law, You may not translate, reverse-engineer,
decompile, disassemble, or make derivative works from any of Our Materials
or any other Materials from Our Site. You hereby agree not to use any
automatic device or manual process to monitor or reproduce the Site
or Materials, and will not use any device, software, computer code,
or virus to interfere or attempt to disrupt or damage the Site or any
communications on it. If You do not adhere to this provision of
this Agreement, You hereby stipulate to and agree to pay liquidated
damages of five thousand dollars ($5,000) plus any and all fees associated
with recovery of these damages, including attorney's fees and costs.
- INTELLECTUAL
PROPERTY RIGHTS: All
User submissions (as defined below), including without limitation, the
text, software, visuals, sounds, music, videos, interactive features
and the like ("Content") and the trademarks, service marks
and logos contained therein ("Marks"), are deemed to be licensed
to the Users of the Site only for their personal, non-public viewing,
and are licensed to the Site operator for purposes of providing the
Content and Marks to Users of the Site. You may not use, copy, reproduce,
distribute, broadcast, display, sell, license, or otherwise exploit
the Content and Marks for any other purpose without the prior written
consent of the owner(s). The Site has adopted and implemented
a policy of terminating the accounts of repeat infringers. A copy
of Our Repeat Infringer Policy is available to Our Members, upon request.
- USER SUBMISSIONS
- The Site allows
its Users to submit video or other material, and allows the hosting,
sharing, and/or publishing of such submissions. By submitting
a video or other material to Us, You indicate Your intent for Us to
make Your material available on all Sites listed at the beginning of
this Agreement.
- You
shall be solely responsible for Your own submissions and the consequences
of posting or publishing them. In connection with Your submissions,
You affirm/warrant that:
- You
own or have the necessary licenses, rights, consents, and permissions
to use and authorize the Site(s) to use all patent, trademark, trade
secret, copyright, privacy, publicity or other proprietary rights in
and to all of Your submissions to enable inclusion and use of the submissions
in the manner contemplated by these Terms and Conditions;
- You
have the written consent, release, and/or permission of each and every
identifiable person in Your submission to use the name or likeness of
each individual for use in Your submissions in the manner contemplated
by these Terms and Conditions;
- You
retain all of Your ownership rights in Your submissions; however, by
contributing Your submissions to the Site(s), You grant a worldwide,
non-exclusive, royalty-free, sublicenseable and transferable right and
license to:
- Reproduce, transmit,
communicate, display, or distribute Your submitted photographs, videos
and content, on or as part of Our Site(s), on other Internet site(s),
or elsewhere, for promotional or commercial purposes, by means of any
technology, whether now known or hereafter to become known;
- Reproduce Your photographs,
videos and content in digital form of display on 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 photographs, videos and 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.
- The
license granted by You terminates within a commercially reasonable time
after You remove or delete your submission from the Site(s).
- Although
Our Site is not based in the United States, we respect the intellectual
property rights of copyright holders, and thus voluntarily comply with
the Notice and Takedown provisions of the Digital Millennium Copyright
Act ("DMCA"). Our DMCA Notice and Takedown Policy is available
here: http://www.youjizz.com/dmca.php.
- The
Site does not endorse any User submission, and expressly disclaims any
and all liability in connection with User submissions. The Site does
not permit copyright infringing activities or infringement of intellectual
property rights on the Site, and will promptly and without prior notice
remove all content and User submissions if properly notified of infringements
on third party's intellectual property rights. Repeat infringers will
have their member access and/or privileges terminated.
- WARRANTY DISCLAIMER
- You
agree that your use of the Site shall be at your sole risk. To the fullest
extent permitted by law, The Site, its officers, directors, employees,
and agents disclaim all warranties, express or implied, in connection
with the website and your use thereof.
The Site makes no warranties or representations about the accuracy or
completeness of the Site's content or the content of any sites linked
to this site and assumes no liability or responsibility for any:
- errors,
mistakes, or inaccuracies OF CONTENT;
- personal
injury or property damage, of any nature whatsoever, resulting from
your access to and use of our site;
- unauthorized
access to or use of our secure servers and/or any and all personal information
and/or financial information stored therein;
- interruption
or cessation of transmission to or from our site, any bugs, viruses,
trojan horses, or the like which may be transmitted to or through our
site by any third party;
- 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
Site.
- The
Site reserves the right to delete any
CONTENT or link without any notice or warning to the user who uploaded
it.
- The
Site does not warrant, endorse, guarantee, or assume responsibility
for any product or service advertised or offered by a third party through
the Site or any Linked website or featured in any banner or other advertising,
and The Site 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.
- LIMITATION OF
LIABILITY
- In
no event shall The Site, its officers, directors, employees, or agents,
be liable to you for any direct, indirect, incidental, special, punitive,
or consequential damages whatsoever resulting from any:
- errors,
mistakes, or inaccuracies of content;
- personal
injury or property damage, of any nature whatsoever, resulting from
your access to and use of our site;
- unauthorized
access to or use of our secure servers and/or any and all personal information
and/or financial information stored therein;
- interruption
or cessation of transmission to or from our site;
- bugs,
viruses, trojan horses, or the like, which may be transmitted to or
through our site by any third party;
- errors
or omissions in any content or for any loss or damage of any kind incurred
as a result of your use of any content posted, emailed, transmitted,
or otherwise made available via the
Site, whether based on warranty, contract, tort, or any other legal
theory, and whether OR NOT the company is advised of the possibility
of such damages.
- In
the event that you do not supply The Site with your e-mail address,
you specifically acknowledge and waive any claim based on
The Site's good faith disabling of access to, or removal of, material
or activity which has been claimed to be infringing, or based on facts
or circumstances from which infringing activity appears likely, regardless
of whether the material or activity is ultimately determined to be infringing.
- The
foregoing limitation of liability shall apply to the fullest extent
permitted by law in the applicable jurisdiction.
The Site makes no representations that the site is appropriate or available
for use in other locations. Those who access or use the site from other
jurisdictions do so at their own volition and are responsible for compliance
with local law.
- You
specifically acknowledge that The Site 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.
- THIS SERVICE
IS FOR AMUSEMENT PURPOSES.
- You understand and
accept that Our Site and Services is an entertainment and
recreational service. All content depicts consenting models over
the age of eighteen (18) that have provided rights to the Site to publish
the content. All images are provided for the amusement and entertainment
of Our Members and Our Users.
- You hereby discharge,
acquit, and otherwise release Company, its parent company, its 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, Privacy, Publicity/Commercial Exploitation,
Intellectual Property, Statutory Rape, Misrepresentation, any financial
loss not due to the fault of the Site, missed meetings, unmet expectations,
false identities, fraudulent acts by others, invasion of privacy, release
of personal information, failed transactions, purchases or functionality
of the Site, unavailability of the Site, its functions and/or Services
and any other technical failure that may result in inaccessibility to
the Site, or any claim based on Vicarious Liability for Torts committed
by individuals met on or through the Site and Services, including but
not limited to fraud, theft or misuse of personal information, 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 favor 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.
- INDEMNITY
- To
the extent permitted by applicable law, You agree to defend, indemnify
and hold harmless the Site, its parent, subsidiary and affiliated corporation(s),
their officers, directors, employees and agents, from and against any
and all claims, damages, obligations, losses, liabilities, costs, debt,
and expenses (including but not limited to attorney's fees) arising
from: (i) Your use of and access to the Site; (ii) Your violation of
any part of these Terms and Conditions; (iii) Your violation of any
third party right, including without limitation any copyright, property,
or privacy right; or (iv) any claim that Your content caused damage
to a third party. This defense and indemnification obligation will survive
these Terms and Conditions and Your use of the Site.
- The provision of
any services which are in violation of any laws is strictly prohibited.
If We determine that You or any User has provided or intends to provide
any services or material in violation of any law, Your ability to use
the Site and Services will be terminated immediately without any reimbursement
of any payment You may have made to Us. We reserve the right, in Our
sole discretion, to cooperate with law enforcement upon legal request
and/or advisement of an attorney. We do hereby disclaim any liability
for damages that may arise from any User providing any material or services
for any purpose that violates any law. You do hereby agree to defend,
indemnify and hold Us harmless from any liability that may arise for
Us should You violate any law.
- You also agree to
defend and indemnify Us should any third party be harmed by Your illegal
actions or should We be obligated to defend any claims including, without
limitation, any criminal action brought by any party.
- Our Site and Services
contains material that may be offensive to third parties. You agree
to indemnify and hold Us harmless from any liability that may arise
from someone viewing any such material originating from You, and You
agree to immediately cease review of the Site and use of the Services
should You find them offensive.
- You agree to defend,
indemnify, and hold harmless Company, its officers, directors, shareholders,
employees, independent contractors, telecommunication providers, and
agents, from and against any and all claims, actions, loss, liabilities,
expenses, costs, or demands, including without limitation legal and
accounting fees, for all damages directly, indirectly, and/or consequentially
resulting or allegedly resulting from Your, or You under another person's
authority including without limitation to governmental agencies, use,
misuse, or inability to use the Site, Services, or any of the Materials
contained therein, or Your breach of any of this Agreement. We
shall promptly notify You by electronic mail of any such claim or suit,
and cooperate fully (at Your expense) in the defense of such claim or
suit. We reserve the right to participate in the defense of such claim
or defense at Our own expense, and choose Our own legal counsel, but
are not obligated to do so.
- LINKS AND LINKING
- Some websites which
are linked to the Site are owned and operated by third parties. Because
We have no control over such websites and resources, You acknowledge
and agree that We are not responsible or liable for the availability
of such external websites or resources, and do not screen or endorse
them, and are not responsible or liable for any content, advertising,
services, products, or other materials on or available from such websites
or resources.
- You further acknowledge
and agree that We shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such third-party content, goods or services
available on or through any such website or resource. If You decide
to access any such third party website, You do so entirely at Your own
risk and subject to any terms and conditions and privacy policies posted
therein.
- You further acknowledge
that use of any website controlled, owned or operated by third parties
is governed by the terms and conditions of use for those websites, and
not by this Agreement or Our Privacy Policy, which is incorporated into
this Agreement by reference.
- Links to external
websites (including external websites that are framed by the Site) or
inclusions of advertisements do not constitute an endorsement by Us
of such websites or the content, products, advertising, or other materials
presented on such websites, but are for Your convenience.
- You hereby agree
to hold Us harmless from any and all damages and liability that may
result from the use of links that may appear on the Site or via the
Services. We reserve the right to terminate any link or linking program
at anytime.
- TRADEMARK INFORMATION:
- The name of the
Site, is considered a service mark owned by Us. We aggressively
defend Our intellectual property rights.
- Other manufacturers'
product and service names referenced herein 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.
- All of the marks,
logos, domains, and trademarks that You find on the Site and Services
may not be used publicly except with express written permission from
Us, and may not be used in any manner that is likely to cause confusion
among consumers, or in any manner that disparages or discredits Us.
- NOTICE:
- Notice.
Any notice required to be given under this Agreement may be provided
by email to a functioning email address of the party to be noticed,
by a general posting on the Site, or personal delivery by commercial
carrier such as Federal Express or DHL. Notices by customers to
Us shall be given by electronic messages unless otherwise specified
in the Agreement.
- Change of Address.
Either party may change the address to which notice is to be sent by
written notice to the other party pursuant to this provision of the
Agreement.
- When Notice is
Effective. Notices shall be deemed effective upon delivery.
Notices delivered by overnight carrier shall be deemed delivered on
the business day following mailing. Notices mailed by registered or
certified with return receipt requested, shall be deemed delivered five
(5) days after mailing. Notices delivered by any other method shall
be deemed given upon receipt. Notices by email and facsimile transmission,
with confirmation from the transmitting machine that the transmission
was completed, are acceptable under this Agreement provided that they
are delivered one (1) hour after transmission if sent during the recipient's
business hours, or 9:00 a.m. (recipient's time) the next business day.
Either party may, by giving the other party appropriate written notice,
change the designated address, fax number and/or recipient for any notice
or courtesy copy, hereunder.
- Refused, Unclaimed,
or Undeliverable Notice.
Any correctly addressed notice that is refused, unclaimed, or undeliverable,
because of an act or omission of the party to be notified shall be deemed
effective as of the first date that said notice was refused or deemed
undeliverable by the postal authorities, messenger, facsimile machine,
email server, or overnight delivery service.
- COMMUNICATIONS
NOT PRIVATE: We do not provide any facility for sending or
receiving private or confidential electronic communications. All messages
transmitted to Us shall be deemed to be readily accessible to the general
public. Visitors should not use this Site or Services to transmit any
communication for which the sender intends only the sender and the intended
recipient(s) to read. Notice is hereby given that all messages
and other content entered into this Site or Services can and may be
read by the agents and operators of the Site or Services, regardless
of whether they are the intended recipients of such messages.
- Arbitration:
- Binding Arbitration
-- If a dispute arises between the Parties arising out of or otherwise
relating to this Agreement, the Parties shall meet and negotiate in
good faith to attempt to resolve the dispute. If the Parties are unable
to resolve the dispute through direct negotiations, then, except as
otherwise provided herein, either Party must submit the issue to binding
arbitration in accordance with applicable Arbitration Ordinance.
Claims subject to arbitration ("Arbitral Claims") shall include,
but are not limited to, contract and tort claims of all kinds, and all
claims based on any federal, state or local law, statute, or regulation,
excepting only claims by Us under applicable worker's compensation
law, unemployment insurance claims, intellectual property claims (including
but not limited to claims involving copyrights, trademarks, patents,
unfair competition, and/or trade secrets), along with actions (regardless
of the underlying cause of action) seeking injunctions, attachment,
garnishment, and other equitable relief. The arbitration shall
be conducted in the Commonwealth of the Bahamas, in a convenient location
agreed to by the parties, or absent such agreement, selected by the
Arbitrator. The arbitration shall be conducted by a single arbitrator,
knowledgeable in Internet and e-Commerce disputes. The arbitrator
shall be willing to execute an oath of neutrality.
- The Arbitrator shall
have no authority to award any punitive or exemplary damages, certify
a class action, add any parties, or vary or ignore the provisions of
this Agreement. The arbitrators shall be bound by and apply Bahamian
law to any dispute submitted for arbitration hereunder, and this Agreement
shall be interpreted in accordance with the laws of the Commonwealth
of the Bahamas. The arbitrator shall render a written opinion
setting forth all material facts and the basis of his or her decision
within thirty (30) days of the conclusion of the arbitration proceeding.
THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN
REGARD TO ARBITRAL CLAIMS.
- No waiver of
right to arbitration -- There shall be no waiver of the right to
arbitration unless such waiver is provided affirmatively and in writing
by the waiving party to the other party. There shall be no implied
waiver of this right to arbitration. No acts, including the filing
of litigation, shall be construed as a waiver or a repudiation of the
right to arbitrate.
- No action, regardless
of form, arising out of or in conjunction with the subject matter of
this Agreement, except for claims involving intellectual property, claims
to recover outstanding amounts due to Us and claims for indemnification,
may be brought by any Party more than one (1) year after the cause of
action arose.
- RIGHT TO INJUNCTIVE
RELIEF. Both parties acknowledge that remedies at law may
be inadequate to provide an aggrieved party with full compensation in
the event of the other party's breach, and that in any litigation
permitted under this Agreement, an aggrieved party shall therefore be
entitled to seek injunctive relief in addition to seeking all other
remedies available at law or in equity.
- FORCE MAJEURE:
We shall not be responsible for any failure to perform due to unforeseen
circumstances or causes beyond Our reasonable control, including but
not limited to: acts of God, such as fire, flood, earthquakes, hurricanes,
tropical storms or other natural disasters; war, riot, arson, embargoes,
acts of civil or military authority, or terrorism; fiber cuts; strikes,
or shortages in transportation, facilities, fuel, energy, labor or materials;
failure of the telecommunications or information services infrastructure;
hacking, SPAM, or any failure of a computer, server or software, for
so long as such event continues to delay the Site's or Services'
performance.
- GENERAL
- These Terms and
Conditions, together with the Privacy Policy and any other legal notices
published by Us on the Site, shall constitute the entire agreement between
You and Us concerning the Site. If any provision of these Terms and
Conditions is deemed invalid by a court of competent jurisdiction, the
invalidity of such provision shall not affect the validity of the remaining
provisions of these Terms and Conditions, which shall remain in full
force and effect. No waiver of any term of this these Terms and Conditions
shall be deemed a further or continuing waiver of such term or any other
term, and the Site's failure to assert any right or provision under
these Terms and Conditions shall not constitute a waiver of such right
or provision. The Site reserves the right to amend these Terms and Conditions
at any time and without notice, and it is Your responsibility to review
these Terms and Conditions for any changes. Your use of the Site following
any amendment of these Terms and Conditions will signify Your assent
to and acceptance of its revised terms. YOU AND THE SITE AGREE THAT
ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH
CAUSE OF ACTION IS PERMANENTLY BARRED.
- Assignment.
The rights and liabilities of the parties hereto will bind and inure
to the benefit of their respective assignees, successors, executors,
and administrators, as the case may be.
- Severability.
If for any reason a court of competent jurisdiction or an arbitrator
finds any provision of this Agreement, or any portion thereof, to be
unenforceable, that provision will be enforced to the maximum extent
permissible and the remainder of this Agreement will continue in full
force and effect.
- No Waiver.
No waiver or action made by Us shall be deemed a waiver of any subsequent
default of the same provision of this Agreement. If any term,
clause or provision hereof is held invalid or unenforceable by a court
of competent jurisdiction, such invalidity shall not affect the validity
or operation of any other term, clause or provision and such invalid
term, clause or provision shall be deemed to be severed from this Agreement.
- Headings.
All headings are solely for the convenience of reference and shall not
affect the meaning, construction or effect of this Agreement.
- Complete Agreement.
This Agreement constitutes the entire agreement between the parties
with respect to Your access and use of the Site, Services and the Materials
contained therein, and supersedes and replaces all prior understandings
or agreements, written or oral, regarding such subject matter.
- Other Jurisdictions.
We make no representation that the Site, Services or any of the Materials
contained therein are appropriate or available for use in other locations,
and access to them from territories where their content may be illegal
or is otherwise prohibited. Those who choose to access the Site
and Services from such locations do on their own initiative and are
solely responsible for determining compliance with all applicable local
laws.
[nothing
more follows]
(prepared
by Walters
Law Group,
© 2011)
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