Terms and Conditions of Use - Visitors or Members
BEFORE you are authorized to visit or access materials on the TubeXS.com website, including any independent webmaster sub-domains that are accessed by you on the TubeXS.com (all of the aforementioned collectively referred to as the "TUBEXS"), you are required to read and accept the following Terms and Conditions of Use (the "Agreement"). Please take care to carefully read and understand each and every provision contained in this Agreement before determining whether you agree to proceed:
- If you do not agree to be bound by this Agreement, you may not access, view or use any part of the TUBEXS, you must exit the TUBE immediately, and you may not print or download any material from the TUBE, whatsoever.
- By accessing, viewing, using, printing, or downloading any material from the TUBE, or by becoming a member of the TUBEXS, you agree to be bound by this Agreement, and may only use the TUBEXS in accordance with this Agreement, as follows:
IN CONSIDERATION of the mutual promises set forth, the receipt and sufficiency of which are hereby acknowledged, the parties hereto make the following representations to and agree with one another:
- Age of Majority – Adult Content. All text, images, graphics, messages and communications, whatsoever, found on the TUBEXS (collectively referred to as "Content") are authorized only for distribution exclusively to persons over eighteen (18) years of age who access the TUBEXS in locations where such Content does not infringe upon or violate any local standard of decency or any federal, state or local law or regulation of Canada, the United States or any other country. No person who is under the age of eighteen (18) years may directly or indirectly view, download or possess any TUBEXS Content. You are responsible for knowing and understanding the standards of decency and other laws and regulations in place in your community concerning adult-oriented Content, and Company in no way represents or warrants that Content is compliant with your local laws. You hereby acknowledge and agree that Content on the TUBEXS reflects explicit depictions of nudity and situations of an explicit sexual nature, that you are familiar with Content of this kind, and that you are not offended by such Content. If you are, or may be, so offended, you are strongly advised to refrain from accessing the TUBEXS.
- No Child Pornography. No child pornography whatsoever is permitted on the TUBEXS. If you see any images, real or simulated, depicting minors engaged in sexual activity on the TUBEXS, please report it to firstname.lastname@example.org immediately. Include with your report any appropriate evidence, including the date and time. All reports will immediately be investigated and the appropriate action will be taken. Company will cooperate with any law-enforcement agency investigating child pornography.
- Use of Content – Limitations. All Content contained on the TUBEXS is protected under the laws of copyright, owned or under license to Company, TUBEXS webmasters or their designees, and represents proprietary and valuable intellectual property. You cannot, under any circumstances, access, view, download, receive and make use of Content except as specifically permitted by this Agreement. You shall at no time access, view, download, receive or otherwise use, or cause or enable any other person or entity to access, view, download, receive or make use of any portion of said Content, directly or indirectly in places where Company does not authorize such access, viewing, downloading, receipt or other use, including but not limited to any nation, state or province or portion thereof where the access, viewing, downloading or any other use of the Content would, or could reasonably, be a violation of any civil or criminal law, governmental regulation or court decision.
- Membership. You may access the non-public portions of the TUBEXS only by being a member in good standing of the TUBEXS. You may become a member by completing an online registration form, and paying the applicable or stated fee. Upon submission of the online registration form, Company and/or its authorized agents will process the application and supply you with a confidential ID and Password to enter the non-public portion of the TUBEXS. In connection with completing the online registration form, you agree to: (1) provide true, accurate, current and complete information about yourself as prompted by the registration form; and: (2) maintain and promptly update the registration data to keep it true, accurate, current and complete at all times while you are a member. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to refuse your membership application, and/or to suspend or terminate your account.
- Membership Fees. Should you access the TUBEXS on the basis of a one month membership, be advised that all one month memberships will automatically become regular monthly memberships at the end of the one month membership period unless the user cancels their membership by using our online tools or by emailing email@example.com with their username and subscription ID number. Subscriptions are recurring subscriptions meaning that you will automatically be billed monthly until you cancel your membership. All membership cancellations require 48 hours notification to fully process. If you believe that you have been erroneously billed, you are required immediately to notify Company of such error. If you do not notify Company within thirty (30) days after such billing error first appears on any account statement rendered by your credit card issuer or by Company (whichever is earlier), such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. Company reserves the right to contract with a third party to process all payments and to resolve chargeback disputes. Your account will be deemed past due if it is not paid in full by the payment due date. If your account becomes past due, you agree to pay interest on the past due amount at a monthly rate of 1.5 percent (18 percent per annum), plus any additional collection costs, credits, charge backs and legal fees. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You are responsible for reimbursing Company for all credit card charge backs, dishonored checks and related charges.
- ID & Password. Upon becoming a member of the TUBEXS, Company will provide you with a unique ID and password which allows access to the entire TUBEXS. The ID and password are, and shall remain, the sole and exclusive property of Company, and are issued to you in the form of a revocable, confidential, single-user, non-transferable license. You have a strict obligation to keep the ID and password confidential. You are not permitted to re-distribute, share or trade your ID and password with anyone. Should the confidentiality of either your ID or password become, or you have reason to believe that either may have become, compromised or learned by a person other than you, you must immediately inform Company via e-mail. You must remember your ID and password, because Company will not release that information to anyone, including you, for any reason.
- Duty to Report. If the address or any other information pertaining to your credit card is changed for any reason, or if your credit card is lost or stolen, or if your ID or password may have become compromised, you must immediately inform Company via e-mail. Your failure to do so will be a material breach of this Agreement. IN THE EVENT OF YOUR FAILURE TO NOTIFY COMPANY OF A LOST OR STOLEN CREDIT CARD, COMPANY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR CHARGES POSTED TO IT.
- Termination. Access to the TUBEXS may be terminated by you at any time, with or without cause. In such event, you agree to be personally liable for all charges incurred by you during or through the use of the TUBEXS until the expiration of your subscription period. You shall remain liable for such charges after termination of your access rights to the TUBEXS for any reason. Your access to the TUBEXS may also be terminated by Company at any time, with or without cause. In such event, you will be refunded any unused portion of your membership fee.
- Representations & Warranties: You represent and warrant to Company and Company Group that:
- you are aware that by the use of an TUBEXS membership ID and password, you may encounter websites that include objectionable materials not condoned by Company; and in that case, you should contact Company immediately at firstname.lastname@example.org about them immediately;
- you acknowledge that Company provides access verification services and the issuance of adult access IDs and passwords, and that it does not sponsor, promote, or endorse the distribution of objectionable materials;
- in any event, it is lawful to receive and view said objectionable materials in the jurisdiction in which you reside, receive or view the said materials;
- you will not use any of the materials that you view or access on the TUBEXS, in any manner that is inconsistent with the intellectual property, privacy and publicity rights of the lawful holders of those rights; and
- you assume all risk and accept all responsibility for any and all use of your TUBEXS membership, for access to any participating TUBEXS websites, and for the use of any materials or Content (including programming, code, software, encryption, data or other information technology) obtained from any participating TUBEXS website.
- Third Party Communications. Company does not screen or endorse advertisements or communications submitted to it by third-party licensees, advertisers, or visitors for electronic dissemination through the TUBEXS. You are advised to use your own judgment to evaluate all advertisements and other communications available at or through the use of the TUBEXS prior to purchasing goods and/or services described therein or otherwise responding to or acting upon any such communications.
- DISCLAIMER OF WARRANTY. COMPANY DOES NOT GUARANTEE OR WARRANT THE COMPATIBILITY OF YOUR EQUIPMENT, COMPUTER OR SOFTWARE, INCLUDING BUT NOT LIMITED TO, THE TYPE OF COMPUTER, COMPUTER CONFIGURATION, BROWSER SOFTWARE, OTHER SOFTWARE, DIAL UP ACCOUNT, TCP/IP, WINSOCK OR ONLINE SERVICE. COMPANY IS NOT RESPONSIBLE FOR ANY DELAY OR INTERRUPTION IN SERVICE OR INABILITY OF YOU TO ACCESS PARTICIPATING WEBSITES DUE TO TECHNICAL DIFFICULTIES OR FAILURE OF THE INTERNET, WORLD WIDE WEB, TELEPHONE LINES, SWITCHING OR ANY OTHER CAUSES BEYOND ITS IMMEDIATE CONTROL. COMPANY GRANTS NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OTHER THAN THOSE WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE STATUTORY LAW. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY OR ANY MEMBER OF COMPANY GROUP SHALL CREATE A WARRANTY OR IN ANY WAY MODIFY THE SCOPE OF THIS PARAGRAPH.
- EXCLUSION OF LIABILITY. COMPANY IS NOT LIABLE FOR DAMAGES WHATSOEVER RESULTING FROM DISSEMINATING, FAILING TO DISSEMINATE, OR INCORRECTLY OR INACCURATELY DISSEMINATING ANY MATERIALS, DATA, ADVERTISEMENT OR OTHER COMMUNICATION AT OR THROUGH THE TUBEXS. IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON FOR LOSS OF BUSINESS OR PROFITS OR FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE TUBEXS OR THE CONTENTS THEREOF, EVEN IF COMPANY WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY OTHER CLAIM BY YOU OR BY ANY OTHER PERSON. YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF A BREACH OF THIS AGREEMENT BY COMPANY IS A REFUND OF NO MORE THAN ONE MONTH'S MEMBERSHIP FEE.
- Trade Marks and Service Marks. You acknowledge and agree that ADULT LIBRARY are trade marks and/or service marks of Company and that Company strictly governs their use.
- Indemnity. You agree to indemnify and hold harmless Company, and its owners, shareholders, officers, directors, employees, contractors, attorneys, and agents (collectively referred to as the "Company Group") from and against any and all liabilities, claims, damages and costs (including attorney's fees, government fines or forfeitures) arising in any way out of the authorized or unauthorized use of your TUBEXS membership ID or password, the receipt, viewing, transmission or retransmission, or use of any Content by you or any unauthorized person using your ID or password, and any breach or alleged breach by you of any covenant, representation or warranty made by you in this Agreement, including but not limited to attempted or actual unauthorized downloading, viewing, retransmission, duplication or other unauthorized use of any Content, or any disruption of the TUBEXS caused directly or indirectly by you.
- Controlling Law. This Agreement shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein. The parties have required that this Agreement and all related documents be drawn up in English. Les parties ont demande que cette convention ainsi que tous les documents qui s'y rattachent soient rediges en anglais.
- Integration. Each party to this Agreement acknowledges that this Agreement constitutes the entire agreement of the parties with regard to the subject matters addressed in this Agreement, that this Agreement supersedes all prior or contemporaneous agreements, discussions, or representations, whether oral or written, with respect to the subject matter of this Agreement, and that this Agreement cannot be modified except in a posted writing as hereinabove expressly provided. Each party to this Agreement further acknowledges that no promises, representations, inducements, agreements, or warranties, other than those set forth herein, have been made to induce the execution of this Agreement by said party, and each party acknowledges that it has not executed this Agreement in reliance on any promise, representation, inducement, or warranty not contained herein. Modifications of this Agreement (and of the Guidelines it provides for) shall supersede all prior Agreements and Guidelines, respectively, from the time that each becomes effective.
- Severability and Construction. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and all other terms and conditions shall endure. Headings of sections or paragraphs in this Agreement are provided only for ease of reference and shall not be construed as limiting or affecting the meaning of any term contained in any paragraph of this Agreement.
- Relations Among the Parties. Nothing in this Agreement shall constitute or be construed to constitute or tending to create an agency, partnership, joint venture, master-servant or employer-employee relationship between Company or any member of the Company Group and you, in any respect, any other provision of this Agreement notwithstanding.
- DMCA Policy. Company's "Digital Millennium Copyright Act (DMCA) Policy" (located at http://www.TubeXS.com/legal/dmca/), as amended by Company from time to time, is a binding part of this Agreement.