Terms & Conditions
Effective Date: September 26, 2016
Last Modified: February 11, 2020
We have placed this detail over and above all of our other terms because it is the most important (although it is also referenced below). The En.chaturbate.com platform is only open to consenting adults looking to express themselves in the form of streaming video and messaging. We have zero tolerance for any minors on the En.chaturbate.com platform, whether such individuals are actually minors or pretending to be minors perhaps in a misguided attempt at role-play. Moreover, we have zero tolerance for any image of any minor being uploaded to our platform for any reason. Please be advised that we reserve the right to and do report each and every suspected minor to the National Center for Missing and Exploited Children and any and all other law enforcement agencies we feel appropriate. If you believe that a minor is using the site, we strongly request and encourage you to report each and every user he or she encounters which he or she believes or suspects to be under the age of 18. All reports are reviewed as quickly as we can. If you are a minor, you must immediately leave this site now. You are not legally permitted on pornochatlive.com for any reason, and if we find you on this site, we will report you to law enforcement as noted above. We will not reactivate you for any reason ever.
With respect to all other matters, as we operate an online platform and we are not in the business of producing or presenting cam broadcasts, we only adopt what we feel are necessary to comply with law, community standards and for the safety of our users.
The Platform (as defined below) is an online platform providing social networking capabilities including both a text and video chat service whereby individuals accessing the Platform (each a "Community Member") may create and share with other Community Members online audio, video, interactive, and live content which may include, at the providing Community Member’s election, content of an adult nature. Community Members, whether or not their account is capable of receiving tokens, are free to broadcast their live streaming video through the Platform, subject to the minimal restrictions set forth in these Terms, which restrictions have been put in place to comply with applicable law, community standards, and for the safety of the Community Members. Subject to safety and legality required rules, Community Members may produce and broadcast (or not broadcast) as and when they determine and set their own rules for other Community Members viewing their broadcasts. Community Members are also free to use other video streaming platforms either at different times or at the same time as such Community Members use our Platform, subject to the provision below that Community Members may not, through the Platform, promote or advertise any entity, product, service, or website that delivers live-streaming content.
INTRODUCTION AND DESCRIPTION OF SERVICE
- When you access the Platform, you understand that you may see graphic depictions of nudity, exposed genitals and persons engaged in explicit sexual activity consisting of heterosexual, bi-sexual, homosexual and fetish activities, as well as sexual acts involving more than 2 individuals. By accessing and/or using the Platform, you expressly acknowledge that you wish to see such materials. By accessing the interactive video chat social networking platform located at En.chaturbate.com (collectively the "Platform") these terms and conditions (these "Terms") form the binding agreement between you ("you") and Multi Media, LLC (the "Company") regarding your use of the Platform. If you do not agree to be bound by these Terms, you must immediately exit the Platform and not access the Platform again for any reason. There is no fee to access the Platform and view content to access some functions of the Platform, but Community Members will be required to create an Account (defined below).
- Community Members who are eligible to receive tokens in their account, from other Community Members are referred to in these Terms as an "Independent Broadcaster(s)". In these Terms, the use of phrases such as "we" "our" "us" or other appropriate first-person terms refer to the Company. The use of the terms "you" or "your" refers, as the context may require, to you the Community Member or Independent Broadcaster accessing or utilizing the Platform. By accessing and/or using the Platform, you agree to be bound by the Terms.
NO ACCESS BY MINORS AND NO EXPLOITATION OF CHILDREN
- This Platform is for Adults Only. In order to access and use the Platform, you must be at least 18 years old or the age of majority in your jurisdiction, whichever is older (the "Age of Majority"). IF YOU ARE NOT OF THE AGE OF MAJORITY, YOU MUST IMMEDIATELY LEAVE THE PLATFORM. By accessing and/or using the Platform you agree that you have reached the Age of Majority and acknowledge that we have the sole and absolute right to terminate your Account if we believe you are in violation of this requirement. If we believe you are in violation of this Age of Majority requirement, we will report you to law enforcement.
- Law Enforcement Reporting. We reserve the right to and do report suspected violations of the Platform's minimum age requirement to the National Center for Missing and Exploited Children ("NCMEC") and any and all law enforcement and other organizations we may feel appropriate, in our sole discretion. If you believe that a minor has accessed the Platform, you should immediately report it to us at [email protected] For more information regarding this policy and our zero-tolerance stance on minors using or in any way appearing on the Platform, please contact us at [email protected]
- No Child Pornography. For the purpose of these Terms, "Child Pornography" includes, but is not limited to (i) any materials showing a person under the Age of Majority in a state of undress, or engaged in any suggestive or sexual acts of any kind; (ii) any materials that simulate the foregoing, such as dolls, animated films or shorts, adults made to look like children or suggest that they are below the Age of Majority; and, (iii) discussion of child pornography or child exploitation. Child Pornography and the exploitation of children is a serious crime. All Community Members are strictly prohibited from using the Platform to distribute, access, or solicit Child Pornography or engage in any conduct or discussion exploitative of a person below the Age of Majority, including by way of role play. If you see anything on the Platform that violates this provision or seems questionable, report it immediately to us at [email protected] We will immediately investigate any claim and take the appropriate action. IF YOU ARE SEEKING OR HAVE AN INTEREST IN ANY TYPE OF PEDOPHILIC OR PEDERASTIC CONTENT, YOU MUST IMMEDIATELY LEAVE THIS SITE. YOU WILL BE BANNED FOR EVEN DISCUSSING SUCH ACTIVITY OR ENGAGING IN INAPPROPRIATE ROLE PLAY. FURTHER YOU WILL ALSO BE BANNED FROM THE PLATFORM AND REPORTED TO NCMEC AND/OR LAW ENFORCEMENT FOR DISCUSSING OR ARRANGING TO DISCUSS MINORS ON ANOTHER PLATFORM. SIMPLY PUT, PEOPLE WITH INTERESTS IN CHILDREN, INCLUDING EVEN JUST ROLE PLAY, ARE NOT WELCOME TO USE THE PLATFORM AND WILL BE DEALT WITH IN THE HARSHEST MANNER POSSIBLE.
- Section 230 of the Communications Decency Act. The Platform is a Community Member-driven interactive platform with content provided by Independent Broadcasters, and pursuant to Section 230 of the Communications Decency Act, we are immune from suit for materials published through the Platform by Community Members. As such, we are not liable for content published by Community Members. As we operate an online platform and we are not in the business of producing or presenting cam broadcasts, we have endeavored to keep our rules to a minimum imposing only those we feel are necessary for the safety of Community Members, to comply with applicable law, and the continued operation of the Platform.
YOUR ACCOUNT AND GENERAL TERMS APPLICABLE TO ALL USERS
Member Account and Password. In order to access the non-public portions of the
Platform, you must create an account (your "Account"). In creating an Account, you
will be prompted to create a username and password and, if you wish to become an Independent
Broadcaster, you will be required to enter certain personally identifiable information. In order to take
advantage of some of the pay features available through the Platform, you will be prompted to input a
payment processor who, subject to their terms, will store your payment information for future use
through the Platform. You may not choose a username that may falsely represent you as someone else or a
name that may otherwise be in violation of the rights of any other individual or entity. We reserve the
right to disallow the use of usernames or cancel, at any time, the membership of any Community Member
who uses their selected username in violation of these Terms or in any other way we deem inappropriate
in our sole discretion. You are solely responsible for any and all activities conducted and purchases
made through your Account. It is important to note that, while we do not require that you provide an
email address to create an Account, choosing not to provide an email address limits the support we can
provide in connection with your Account as we are unable to verify you are the Account holder.
- Studio Accounts. Individuals who wish to create a studio account (a "Studio Account") through the Platform must comply with our rules for setting up a Studio Account. If these rules are complied with, such Account will be considered a "Studio" on the Platform. For all Accounts under a Studio, the Studio is deemed the owner of all Accounts in such Studio Account ("Studio Sub-Accounts"). The followers, images, and data associated with all Studio Sub-Accounts may not be transferred away from or shared with another Account without the applicable Studio's consent, absent what we may deem, in our sole and exclusive determination, to be extraordinary circumstances.
- Security of your Account. You are solely responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password, including without limitation any unauthorized access to the Platform caused by you, including access which may violate applicable laws and/or subject you to criminal prosecution. This will result in your immediate ban from the Platform and deactivation of your Account. We will not release your password for security reasons. You agree to (i) immediately notify us of any unauthorized use of your username or password or any other breach or suspected breach of security, and (ii) ensure that you log out of your Account each time you stop interacting through the Platform. We highly encourage all Community Members to turn on two-factor authentication to ensure the security of their Account.
- License to Access the Platform. You are granted a limited, non-exclusive license to access and use the Platform for your own personal enjoyment. You may not, download, reproduce, sell, rent, perform, or link to any content made available through the Platform, except as expressly permitted by the Community Member and/or Independent Broadcaster, as appropriate, responsible for such content or otherwise as permitted by the rules of the Platform.
- Solicitations. Although we do not control Independent Broadcasters and other users' use of the Platform, you may not use the Platform to promote or advertise any third-party products, sites, or services that deliver live-streaming content. Although, of course, Independent Broadcasters and other Community Members are free to cam on other sites, you may not use the Platform to solicit any Community Member to utilize another product, site, or service that delivers live-streaming content.
- Billing. Community Members may elect to put money on deposit with the Platform which will be converted to tokens which tokens may only be used through the Platform as the applicable Community Member elects, including for use to tip Independent Broadcasters. By tipping tokens through the Platform, you agree that all token tips are intended as a gratuity and all tips are final when sent. In the event that we receive a complaint about a tip after it has been sent, we may, at our election and with no obligation to do so, send the complaint to the other party for the other party's response regarding the complaint. You are prohibited from providing "tips" for the performance of specific acts. Requesting or demanding specific acts for tips may result in a ban from the Platform for all parties involved. Independent Broadcasters are prohibited from requesting any type of off-Platform payments; provided, however, the Platform may, from time to time, permit Independent Broadcasters to post links to wish lists. Community Members who determine to stream and/or upload video or photo content but have not provided age verification documentation (referred to herein as "Exhibitionists") are not Independent Broadcasters and are not eligible to receive tips. Your chosen payment method will only be billed as you specifically request. Unless otherwise specifically provided in writing, you will not be billed for the same purchase on a recurring basis. By providing your payment information, you expressly consent to the use of third-party payment processors to facilitate any and all transactions you may elect to make through the Platform. It is your sole responsibility to make sure that your billing information is up to date. If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within 30 days after such billing error first appears on any account statement, such fee will be deemed accepted by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within 30 days of its publication. We reserve the right to impose transaction limits on Community Members based upon a variety of factors including, without limitation, length of membership to the Platform, location, change in access information, and amount of refund requests. Please note that abuse of special offers, including creating multiple accounts to take advantage of such offers, is a violation of these Terms. Community Members may withdraw unused moneys on deposit with the Platform by contacting customer support, less amounts charged by third parties in connection with the initial and refund transactions.
- Videos and Images Offered by Community Members. Community Members, including Independent Broadcasters, may create or otherwise make available video, photo, or other content containing content and intellectual property that they own or have a license to use ("Member Content"). In making available Member Content, you agree that once a Community Member acquires that content in the Community Member's Account on the Platform you have granted to that Community Member, and represent that you have the right to grant, a perpetual, irrevocable license to access and view such content through the Platform. With respect to any Member Content that you elect to acquire through the Platform you acknowledge and agree as follows: (i) that we are neither the creator nor source of the Member Content; (ii) that we simply offer a platform for Community Members to create and share Member Content with other Community Members; (iii) the Community Member who posted the applicable Member Content is solely responsible for any claims or liabilities associated with, arising from, or in any way relating to such Member Content; (iv) your purchase or use of any Member Content is solely at your own risk; and (v) you forever release the Company, its affiliates, successors, assigns, officers, employees, agents, directors, shareholders and attorneys from any and all claims and liabilities associated with, arising from, or in any way relating to Member Content. We have the absolute right to remove any Member Content that we believe, in our sole discretion, may violate any law or these Terms. In the event that you provide tokens to an Independent Broadcaster in connection with obtaining Member Content, you agree that these tokens are provided as a gratuity notwithstanding any request from the applicable Independent Broadcaster; and, you further understand that such tokens will not be refunded for any reason.
- Private Shows. All Independent Broadcasters acknowledge and agree they are aware that all private shows are recorded by default and such recordings are provided to the applicable Community Member(s) who purchased such private shows; provided, however, that Independent Broadcasters can disable this recording option at any time in account settings. Independent Broadcasters acknowledge and agree that all recordings of private shows are considered Member Content and that upon delivery of the recording to the purchasing Community Member(s), such Community Member(s) will have acquired from the applicable Independent Broadcaster a perpetual, irrevocable license to view and access such recording through the Platform.
- Fan Clubs. Independent Broadcasters have the ability to create and administer a fan club through the Platform provided that Independent Broadcasters' account is in good standing and Company has not limited or removed the fan club functionality. Should an Independent Broadcaster elect to start a fan club, the Independent Broadcaster will set his or her own monthly fee that other Community Members must pay to be members of the Independent Broadcaster's fan club. You understand and agree that in purchasing a membership to an Independent Broadcaster's fan club, such purchase will automatically renew, and you will be automatically rebilled for such purchase, on a monthly basis until such time as you cancel such fan club membership. Updates and what, if anything, is included in any such membership will be in the sole control and determination of the applicable Independent Broadcaster. For the avoidance of doubt, in the event that you are an Independent Broadcaster and offer a fan club, you agree that you have the unrestricted right to offer and/or provide any content you may post to Community Members who join your fan club is subject in all respects to these Terms and our policies. In the event that one or more members of an Independent Broadcaster's fan club request a refund from us, or institute a chargeback with our payment processor, we reserve the right to assess a chargeback fee to such Independent Broadcaster's Account and/or suspend the Independent Broadcaster's ability to maintain a fan club through the Platform. We reserve the right to rescind any Independent Broadcaster's permission to maintain a fan club for any or no reason at all.
On- or Off-Platform Interactions/Meetings. We do not recommend or condone any form of
interaction between Community Members outside of the Platform and, as disclosed elsewhere in these
Terms, your use of and interactions through the Platform are
done at your own risk. Use of the Platform to arrange face-to-face meetings for the purpose of engaging
in illegal activity is strictly prohibited and will subject your Account to immediate termination. If
you elect to legally interact with any Community Member outside of the Platform, you do so at your own
risk, and you acknowledge and agree that we are not responsible for any consequences of your election to
interact with anyone, whether in person or otherwise, outside of the Platform. We cannot and will not
intervene in any matters or disputes which take place outside of the Platform including with respect to
situations where we are provided third party screen captures or records as we cannot verify such screen
captures or records. In the event that you determine to communicate with another Community Member
outside of the Platform despite these cautions, you should, at a minimum, consider the following
- Anyone who is able to commit identity theft can also falsify a user profile.
- There is no substitute for acting with caution when communicating with any stranger who wants to meet you.
- Never include your last name, email address, home address, phone number, place of work, or any other identifying information in your user profile or initial email messages. Immediately stop communicating with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it.
- If you choose to have a face-to-face meeting with another user, always tell someone in your family or a friend where you are going and when you will return. Never agree to be picked up at your home. Always provide your own transportation to and from the meeting, and meet in a public place with many people around.
- All the money and gifts you send to other users, whether directly or indirectly, through the Platform or outside of the Platform, is done at your own risk. We will not intervene or become involved in any dispute between Community Members.
- Contests. From time to time, we may permit certain contests for participation by Community Members and Independent Broadcasters. The general rules for our contests are located in our general contest rules in Appendix A to these Terms which appendix is incorporated by reference herein.
- Your Privacy Rights. When you use the Platform, we collect and process certain personally identifiable and other data about you. Our use of this information is governed by our Privacy & Cookies Policy, which is incorporated by reference herein. You are encouraged to read this policy as it contains important information on how we collect and use this information and your rights regarding the same. Additionally, the Platform utilizes cookies and certain technology that tracks usage, performance and your geographic location which are more fully described in our Privacy & Cookies Policy.
- By You. You may terminate your Account and/or any of your memberships at any time by visiting our cancellation page or contacting our customer support. You agree to be personally liable for any and all charges incurred by your Account, username, and password until terminated as provided herein. If you are an Independent Broadcaster and determine to terminate your Account, any tokens remaining in your Account at the time of termination will be disbursed to the payment information on file for your Account on our next payout date. If you are not an Independent Broadcaster and determine to terminate your Account with money on deposit in your Account for use as tokens, such amounts can be withdrawn by you subject to any third-party costs associated with processing your deposit and withdrawal. Upon our processing of your request to terminate your Account, you will no longer have access to the non-public areas of the Platform nor will you have access to any Member Content in your Account.
- By Us. We may, in our sole discretion, terminate or suspend your access to all or part of the Platform at any time, with or without notice, for any reason or no reason at all, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any activity which we believe, in our sole discretion, to possibly be illegal, fraudulent, abusive, or in violation of our community standards, or our rules, may be grounds for termination of your access to all or part of the Platform at our sole discretion, and we reserve the right to refer any such activity to any appropriate law enforcement agencies.
- Effect of Termination. You accept that when you cancel your Account you will be automatically locked out of the Platform, and will no longer be able to access your Account, including any and all Member Content. You also agree and accept that upon termination of your Account, we have no obligation to maintain or store any content, mail or other materials connected to or in your Account and that such information may be irretrievable.
Representations by Community Members
You represent and warrant the following:
- You are familiar with the laws in your area that may affect your legal right to access or transmit erotica or adult-oriented material and, by your accessing the site, you are representing and warranting that you are not prohibited by law from accessing or using the Platform or transmitting in any way any adult-oriented material.
- You are not a registered sex offender in any jurisdiction and have never been convicted of any type of sexual crime against any person or animal.
- You are voluntarily choosing to proceed with your use of the Platform because you want to view, read, or hear various content, including, without limitation, content of an explicit adult nature for your own personal enjoyment, information, and/or education.
- You are familiar with the standards in your community regarding acceptance of sexually-oriented materials, and the materials you expect to encounter through use of the Platform are within your community standards. Should the content you encounter through the Platform not meet your community standards, you will immediately cease use of the Platform.
- You have not notified any governmental agency, including the U.S. Postal Service, that you do not wish to receive sexually oriented material
- You will not violate any civil or other rights of any other Community Member or any third party.
- Any content that you upload or stream will be your original work and not infringe the intellectual property rights of any third-party.
You agree that:
- You will follow all applicable laws governing your use of the Platform; and
- You will not violate any provision of these Terms.
- You represent and warrant the following:
- Community Member Indemnities. An indemnity is your obligation to cover us for certain losses, whether monetary or otherwise relating to or arising out of certain actions by you. This section creates an obligation on your part to protect us in these instances and is a material inducement on our part to provide the Platform. You hereby agree to indemnify us for any and all claims and losses, whether actual or threated, including without limitation, our reasonable attorneys' fees and costs, with respect to any claim relating to or arising out of your use of the Platform that violates these Terms or any applicable law. Again, if you do not agree to these Terms, you may not access or use the Platform and should immediately exit the Platform.
- Obligations Under 18 U.S.C. §2257. You should be aware that, pursuant to United States federal law, any visual depictions that you post, share or perform on or through the Platform which portray "actual sexually explicit conduct", "depictions of the genitals or pubic area", or "simulated sexually explicit activity", as those terms are defined in 18 U.S.C. §2256(2)(A)(i)-(iv) and §2257A, require that you maintain the records listed under 18 U.S.C. §2257, and any such postings must contain a "18 U.S.C. §2257 Record-Keeping Requirements Compliance Statement." Your failure to comply with the provisions of 18 U.S.C. §2257 may make you subject to criminal and civil prosecution for the violation of federal law.
- Content Submitted to the Platform. All materials submitted and/or streamed by Community Members through the Platform, including Member Content, and created by such Community Member ("Community Member Content") is and shall remain the property of the Community Member or Independent Broadcaster who created it. Community Member Content shall also include any chats, or other materials that are transmitted through the Platform when you use the Platform. When you broadcast or upload Community Member Content to the Platform, you hereby grant us a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, and perform the Community Member Content in connection with delivering the Platform and for marketing and advertising the availability of the Platform in any media format we choose. You also expressly provide that each Community Member shall have a license to use the Community Member Content under the terms of Section III(c) of these Terms. You will not submit content that you did not create, own, or to which you do not have the legal right to submit. This restriction includes the submission of any third-party content. Community Member Content will comply with these Terms and the Code of Conduct. All Community Member Content must also comply with our "Content Submission Guidelines" in our Code of Conduct located at Appendix C and which are incorporated by reference herein. You represent and warrant that all Community Member Content is your content and does not infringe upon the intellectual property rights of any third-party. You will indemnify and hold us harmless for any and all losses, damages or costs relating to or arising out of a claim that your Community Member Content infringes the intellectual property rights of any third-party.
- Deleting Community Member Content. You may request that we delete Community Member Content submitted by you by contacting us at [email protected] We may retain copies of the Community Member Content but will not make them available through the Platform after we have processed your request. Your license to us in any comments, texts, chats or other Community Member Content (used in published advertising) is not revocable. As noted elsewhere in these Terms, your Community Member Content, if acquired through the Platform by another Community Member, will be deleted from your Account per your request; however, any Community Member Content acquired by other Community Members prior to the date of your request for deletion of such Community Member Content will remain in the Accounts of such Community Members. Moreover, you understand that, although we may delete Community Member Content, one or more other Community Members may have copies of or notes regarding such content and we are unable to delete such copies or notes.
- No Endorsement for Community Member Content. We do not endorse or recommend, nor do we have or assume any obligation to monitor any Community Member Content streamed or otherwise shared through the Platform by any Community Member or Independent Broadcaster; and, we hereby disclaim any and all liability with respect to Community Member Content. We do not permit any copyright infringing activities or any Community Member Content that infringes on our intellectual property rights or those of any party or third party. We will remove any Community Member Content where we are properly notified of such infringement as set forth below. We may remove any such Community Member Content without any notice. Our means of identifying Community Member Content that may infringe upon a third party's rights or which is illegal or violates our code of conduct, is dependent on properly presented notifications from third parties claiming that their rights have been violated. For Community Member Content which is offensive or which you believe is illegal, notify us at [email protected] For infringing content, please follow the procedures in paragraphs "f" and "g" below.
- Repeat Infringer. We have and enforce a repeat infringer policy. We will terminate the Accounts of any Community Member and/or Independent Broadcaster who is determined to be a repeat infringer.
Infringement and the DMCA. We respect the creative efforts of Community Members and
non-community members and have no tolerance for anyone's use of a third party's intellectual property
without such third party's express permission. If you are a copyright owner and believe that your work
has been copied or in any way distributed or shared through someone's use of the Platform in a way that
constitutes copyright infringement, or your intellectual property rights have been otherwise violated,
please provide the Platform's Designated Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where on the Platform the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you made under penalty of perjury that the information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Send your Notice of Claimed Infringement to:
Lawrence G. Walters, Esq.
195 W. Pine Avenue
Longwood, FL 32750
Fax: (407) 774-6151
Email: [email protected]
Do not send other inquires or information (other than Notices of Infringement) to our Designated Agent. Any other inquiries should be sent to [email protected]
Infringement Counter-Notice. If your Community Member Content was removed (or access to
such Community Member Content was disabled), and your Community Member Content is not infringing, or if
you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the
law, to post and use the material in your Community Member Content, you may provide a counter-notice
containing the following information to the DMCA Agent listed above:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
- If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
CODE OF CONDUCT
- Code of Conduct. You understand that we do not create or publish content. Instead, we provide a platform to provide others with the ability to share their own content which they have all rights and permissions to share. We work to implement only minimal rules intended to respect the rights of others and comply with applicable law, and so that the Platform remains a safe location for Community Members to express themselves. These community rules are guidelines for what is permissible through the Platform and are subject to change. Please review our "Code of Conduct" located at Appendix C which is hereby incorporated by reference and made a part of these Terms.
PROMOTION OF THE PLATFORM
- Registered users of the Platform may be eligible to participate in our affiliate advertising program and potentially earn commissions based on the number and quality of registered user referred to the Platform. For more information, please see Appendix B, which is hereby incorporated by reference and made a part of these Terms.
- Links to Other Sites. We may have links to other websites operated by independent third parties. These websites are not operated by us and we are not responsible for any content or links they provide. Our linking to any third-party sites is not an endorsement or certification as to the content, opinions expressed thereon or safety or suitability of such site. When you access a link to another site, you are leaving the Platform and accessing the third-party site at your own risk. Other sites are will have their own terms, privacy policies and procedures and may contain malicious or destructive code, viruses, malware and other tracking cookies. You should ensure that your device is adequately protected. WE SHALL NOT BE LIABLE TO YOU IN ANY WAY FOR YOUR ACCESSING ANY THIRD PARTY LINKED SITES.
- Proprietary Information. Elements of the Platform contain proprietary or confidential information that belongs to us. We assert full copyright protection in the Platform, including all of the design and code embodied therein. Any information shared or posted by us or by Community Members may be protected whether or not it is identified as proprietary to us or to the sharing Community Member. You will not modify, copy, or distribute any information on the Platform without the express written permission of the owner of such information and may not use any automated means to scrape, download or otherwise collect any data or content from the Platform including, without limitation, robots/bots, crawlers, or data mining tools.
- Disclaimer of Warranties. The Platform is provided on an "as is" and "as available" basis. We do not warrant that the Platform will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Platform. WHERE PERMITTED BY LAW, YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; NOR DOES THE SITE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Platform by us or by any Community Member or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. The site may contain errors, omissions or other outdated information. We reserve the right to correct these errors. If you have any questions, or believe you have encountered any type of error, please contact us at [email protected]
- LIMITATION OF LIABILITY. WHEN PERMITTED BY LAW, WE AND OUR AFFILIATED COMPANIES WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, LOSS OF DATA, FINANCIAL LOSSES, SPECIAL, INDIRECT CONSEQUENTIAL OR PUNITIVE DAMAGES, EXCEPT WHERE CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU WILL NOT EXCEED, IN THE AGGREGATE, THE LESS OF ANY UNUSED PORTION OF THE VIRTUAL MONEY YOU PURCHASED (BUT ONLY IF WE DISCONTINUE THE USE OF VIRTUAL CURRENCY, OR IF YOU VOLUNTARILY CANCELLED YOUR ACCOUNT), OR THE SUM OF $250 USD. IN ALL INSTANCES, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
- Complaints. To resolve or report a complaint regarding the Platform or other Community Members, send an email detailing your complaint to [email protected]. In appropriate circumstances, we will take immediate action in order to help resolve the problem. You agree that in attempting to resolve any complaint you send to us we may, in our sole and exclusive determination, share your complaint in part or in whole with other individuals involved and/or otherwise implicated in the complaint.
- Choice of Law. You agree that these Terms are governed by the laws of the State of California, without regard to its choice of law provisions.
Arbitration. You hereby agree that, if we become involved in any dispute relating to or
arising out of your use of the Platform, any such claims, including any private attorney-general
representative claims, will be resolved by binding individual arbitration and not in court. There is no
judge or jury in arbitration proceedings, and awards made by an arbitrator are not generally appealable
in court except in rare circumstances. Arbitrators can, however, award damages on an individual basis
identical to what can be awarded by a judge. An arbitrator hearing a claim is obligated to follow these
Terms as a judge in a regular court proceeding would be. The United States Federal Arbitration Act and
United States federal arbitration law apply to these Terms. To commence an arbitration proceeding, you
must send a notice to us at [email protected] The arbitration will be conducted by the American
Arbitration Association (AAA) under its rules, including the Supplementary Procedures for
Consumer-Related Disputes, and the Federal Arbitration Act. The AAA rules are available at www.adr.org
or by calling 1-800-778-7879. Payment and fees for the arbitration are governed by the AAA rules. We
will reimburse the arbitration filing fees for claims less than $1,000 except where the claims are ruled
to be frivolous. The arbitration will be held in Los Angeles County, California. Neither party will be
entitled to an award of its attorneys' fees or costs incurred in arbitration, except where the court has
ruled that the other party's claim is frivolous.
Regardless of where you reside, to the fullest extent permitted by law, you expressly agree that class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed, nor is combining individual proceedings without the consent of all parties.
- Entire Agreement. These terms plus any policies referenced herein or on the site represent the entire agreement between you and us. To the extent that there is a conflict between these Terms and any other policy, these Terms will control except where expressly stated to the contrary.
- Severability. These Terms are severable. If any provision or portion of these Terms is held to be invalid or otherwise unenforceable, such provision or portion shall be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, or if legally impossible, such provision or portion shall be ineffective only to the extent of such invalidity, and the remainder of these Terms will continue in full force and effect. If any provision or portion of these Terms may be construed in two or more ways, one of which would render the provision invalid or otherwise voidable or unenforceable and another of which would render the provision valid and enforceable, such provision will have the meaning that renders it valid and enforceable.