Terms & Conditions
1.
ACCEPTANCE
By using and/or visiting the
AdultSetup website (collectively, including but not limited to
all Content, Uploads and User Submissions available through
AdultSetup.com, "AdultSetup", the website) you agree to the
terms and conditions contained herin and the terms and
conditions of AdultSetup's privacy policy incorporated herin,
and all future amendments and modifications (collectively
referred to as the "Agreement"). By entering, you agree to be
bound by these terms and conditions. If you do not agree to be
bound the terms and conditions contained herein, then do not
use AdultSetup.com.
The terms and
conditions of this Agreement are subject to change by
AdultSetup at any time in its sole discretion and you agree be
bound by all modifications, changes and/or revisions. If you do
not accept to be bound by any and all modifications, changes
and/or revisions of this agreement, you many not use
AdultSetup.com.
The terms and
conditions contained herein apply to all users of AdultSetup
whether a 'visitor' or a 'member' and you are only authorized
to use AdultSetup.com if you agree to abide by all applicable
laws and be legally bound by the terms and conditions of this
Agreement.
2.
DESCRIPTION
The AdultSetup website allows for
uploading, sharing and general viewing various types of content
allowing registered and unregistered users to share and view
visual depictions of adult content, including sexually explicit
images. In addition, AdultSetup contains video content,
information and other materials posted/uploaded by users.
AdultSetup allows its users to view the Content and Website
subject to the terms and conditions of this
Agreement.
The AdultSetup
website may also contain certain links to third party websites
which are in no way owned or controlled by AdultSetup.
AdultSetup assumes no responsibility for the content, privacy
policies, practices of any and all third party websites.
AdultSetup cannot censor or edit the content of third party
sites. You acknowledge that AdultSetup will not be liable for
any and all liability arising for your use of any third-party
website.
AdultSetup.com
is for your personal use and shall not be used for any
commercial endeavor except those specifically endorsed or
approved by AdultSetup.com. Any illegal and/or unauthorized use
of AdultSetup is prohibited including but not limited to
collecting usernames and e-mail addresses for sending
unsolicited emails or unauthorized framing or linking to the
AdultSetup website is prohibited.
3.
ACCESS
In order to use this website, you
affirm that you are at least eighteen (18) year of age and/or
over the age of majority in the jurisdiction you reside and
from which you access the website where the age of majority is
greater than eighteen (18) years of age. If you are under the
age of 18 and/or under the age of majority in the jurisdiction
you reside and from which you access the website, then you are
not permitted to use the website.
4.
CONDUCT
You acknowledge and agree that you
shall be responsible for your own user submissions and the
consequences of posting, uploading, publishing transmitting or
other making them available on AdultSetup. You agree that you
shall not (nor others using your account) post, upload,
publish, transmit or make available in any way on AdultSetup
content which is illegal, unlawful, harassing, harmful,
threatening, tortuous, abusive, defamatory, obscene, libelous,
invasive of one's privacy including but not limited to personal
information, hateful, racial. You also agree that you shall not
post, upload, publish, transmit or make available in any way on
AdultSetup software containing viruses or any other computer
code, files, or programs designed to destroy, interrupt, limit
the functionality of, or monitor, or persistently reside in or
on any computer software or hardware or telecommunications
equipment. You agree that you shall not (nor others using your
account) post, upload, publish, transmit or make available in
any way on AdultSetup content which is intentionally or
unintentionally violating any applicable local, state,
national, or international law, or any regulations or laws
having the force of law where you reside and elsewhere,
including but not limited to any laws or regulations relating
to securities, privacy, and export control; engage in, promote,
You agree that you shall not (nor others using your account)
post, upload, publish, transmit or make available in any way on
AdultSetup content depicting illegal activities, promote or
depict physical harm or injury against any group or individual,
or promote or depict any act of cruelty to animals; You agree
not to use AdultSetup in any way that exposes AdultSetup to
criminal or civil liability.
You agree that
AdultSetup shall have the right to determine in its sole and
unfettered discretion, what action shall be taken in the event
of any discovered or reported violation of the terms and
conditions contained herein.
5. INTELLECTUAL
PROPERTY
The Content contained on the
AdultSetup with the exception of User Submissions including but
not limited to the text, software, scripts, graphics, music,
videos, photos, sounds, interactive features and trademarks,
service marks and logos contained therein, are owned by and/or
licensed to AdultSetup, subject to copyright and other
intellectual property rights under United States, Canada and
foreign laws and international conventions. Content on the
Website is provided to you AS IS for your information and
personal use only and may not be used, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed,
or otherwise exploited for any other purposes whatsoever
without the prior written consent of the respective owners.
AdultSetup reserves all rights not expressly granted in and to
the Website and the Content. You agree to not engage in the
use, copying, or distribution of any of the Content other than
expressly permitted herein, including any use, copying, and/or
distribution of User Submissions of third parties obtained
through the Website for any commercial purposes. If you
download or print a copy of the Content for personal use, you
must retain all copyright and other proprietary notices
contained therein. You agree not to disable, circumvent, or
otherwise interfere with security related features of the
AdultSetup or features that prevent or restrict use or copying
of any Content or enforce limitations on use of the AdultSetup
Website or the Content therein.
6. USER
SUBMISSIONS
AdultSetup permits the submission
of video and other communications and the hosting, sharing and
publishing of such user submissions. You understand that
whether or not such User Submissions are published and/or
uploaded, AdultSetup does not guarantee any confidentiality
with respect to any submissions.
AdultSetup
allows/permits you to link to materials on the Website for
personal, non-commercial purposes only. More over, AdultSetup
provides an "Embeddable Player" feature, which you may
incorporate into your own personal, non-commercial websites for
use in accessing the materials on the Website, provided that
you include a prominent link back to the AdultSetup website on
the pages containing the Embeddable Player. AdultSetup reserves
the right to discontinue any aspect of the AdultSetup website
at any time. In addition, you may not modify, build upon or
block any portion of the Embeddable Player in any
way.
You shall be
solely responsible for any and all of your own User Submissions
and the consequences of posting, uploading and publishing them.
Furthermore, with User Submissions, you affirm, represent
and/or warrant that:
you own or
retain the necessary licenses, rights, consents, and
permissions to use and authorize AdultSetup to use all
trademarks, copyrights, trade secrets, patents, or other
proprietary rights in and to any and all User Submissions
to enable inclusion and use of the User Submissions in the
manner contemplated by the Website and these Terms of
Service; and
you will
not post, or allow anyone else to post, any material that
depicts any person under the age of 18 years and you have
inspected and are maintaining written documentation
sufficient to confirm that all subjects of your submissions
are, in fact, over the age of 18 years.
You have
the written consent, release, and/or permission of each and
every identifiable individual person in the User Submission
to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use
of the User Submissions in the manner contemplated by the
Website and these Terms of Service. For clarity, you retain
all of your ownership rights in your User Submissions. By
submitting the User Submissions to AdultSetup, you hereby
grant AdultSetup a worldwide, non-exclusive, royalty-free,
sublicenseable and transferable license to use, reproduce,
distribute, prepare derivative works of, display, and
perform the User Submissions in connection with the
AdultSetup Website and AdultSetup's (and its successor's)
business, including without limitation for promoting and
redistributing part or all of the AdultSetup Website (and
derivative works thereof) in any media formats and through
any media channels. You also hereby grant each user of the
AdultSetup Website a non-exclusive license to access your
User Submissions through the Website, and to use,
reproduce, distribute, prepare derivative works of, display
and perform such User Submissions as permitted through the
functionality of the Website and under these Terms of
Service. The foregoing license granted by you terminates
once you remove or delete a User Submission from the
AdultSetup Website.
In submitting
material (video or other communication), you further agree that
you shall not:
submit
material that is copyrighted, protected by trade secret or
otherwise subject to third party proprietary rights,
including privacy and publicity rights, unless you are the
owner of such rights or have permission from their rightful
owner to post the material and to grant AdultSetup all of
the license rights granted herein;
publish
falsehoods or misrepresentations that could damage
AdultSetup or any third party;
submit
material that is obscene, illegal, unlawful, , defamatory,
libelous, harassing, hateful, racially or ethnically
offensive, or encourages conduct that would be considered a
criminal offense, give rise to civil liability, violate any
law, or is otherwise inappropriate;
post
advertisements or solicitations of business;
Impersonate
another person. AdultSetup does not endorse any User
Submission or any opinion, recommendation, or advice
expressed therein, and AdultSetup expressly disclaims any
and all liability in connection with User Submissions.
AdultSetup does not permit copyright infringing activities
and infringement of intellectual property rights on its
Website, and AdultSetup will remove all Content and User
Submissions if properly notified that such Content or User
Submission infringes on another's intellectual property
rights. AdultSetup reserves the right to remove Content and
User Submissions without prior notice or delay. AdultSetup
will also terminate a User's access to its Website, if they
are determined to be an infringer. While pornographic and
adult content are accepted, AdultSetup also reserves the
right to decide in its sole and unfettered discretion,
whether Content or a User Submission is appropriate and
complies with these Terms of Service for violations other
than copyright infringement and violations of intellectual
property law, such as, but not limited to, obscene or
defamatory material, or excessive length. AdultSetup may
remove such User Submissions and/or terminate a User's
access for uploading such material in violation of these
Terms of Service at any time, without prior notice and at
its sole discretion.
You understand
and acknowledge that when using AdultSetup.com, you will be
exposed to User Submissions from a variety of sources, and that
AdultSetup is not responsible for the accuracy, usefulness,
safety, or intellectual property rights of or relating to such
User Submissions. You further understand and acknowledge that
you may be exposed to User Submissions that are inaccurate,
offensive, indecent, or objectionable, and you agree to waive,
and hereby do waive, any legal or equitable rights or remedies
you have or may have against AdultSetup with respect thereto,
and agree to indemnify and hold AdultSetup, its Owners,
affiliates, operators, and/or licensors, harmless to the
fullest extent allowed by law regarding all matters related to
your use of the website.
You agree that
AdultSetup may at its sole discretion have the right to refuse
to publish, remove, or block access to any User Submission that
is available via the Website or other AdultSetup network or
services at any time, for any reason, or for no reason at all,
with or without notice.
AdultSetup
provides its website as a service to its users. However,
AdultSetup assumes no responsibility whatsoever for monitoring
the AdultSetup Services for inappropriate content or conduct.
If at any time AdultSetup chooses, in its sole discretion, to
monitor the AdultSetup Services, however, AdultSetup assumes no
responsibility for the content, no obligation to modify or
remove any inappropriate content, and no responsibility for the
conduct of the User submitting any such content. AdultSetup may
review and delete any User Submissions that, in its sole
judgment, violates this Agreement or may be otherwise offensive
or illegal, or violate the rights, harm, or threaten the safety
of any User or person not associated with the Website
(collectively "Inappropriate User Submissions"). You are solely
responsible for the User Submissions that you make visible on
the Website or to any third-party website via an embedded
player provided by the Website or any other material or
information that you transmit or share with other Users or
unrelated third-parties via the Website.
7.
POLICY
AdultSetup abides by a ZERO
TOLERANCE policy relating to any illegal content. Child
Pornography, bestiality, rape, torture, snuff, death and/or any
other type of obscene and/or illegal material shall not be
tolerated by AdultSetup. AdultSetup shall not condone child
pornography and will cooperate with all governmental agencies
that seek those who produce child pornography.
8.
FEES
You acknowledge that AdultSetup
reserves the right to charge for AdultSetup services and to
change its fees from time to time in its discretion. Further
more, in the event AdultSetup terminates your rights to use the
website because of a breach of this Agreement, you shall not be
entitled to the refund of any unused portion of subscription
fees.
9.
WARRANTIES
You represent and warrant that all
of the information provided by you to AdultSetup to participate
in the AdultSetup website is accurate and current and you have
all necessary right, power, and authority to enter into this
Agreement and to perform the acts required of you
hereunder.
As a condition
to using the AdultSetup, you must agree to the terms of
AdultSetup's privacy policy and its modifications. You
acknowledge and agree that the technical processing and
transmission of the Website, including your User Submissions,
may involve transmissions over various networks; and changes to
conform and adapt to technical requirements of connecting
networks or devices. You further acknowledge and agree that
other data collected and maintained by AdultSetup with regard
to its users may be disclosed in accordance with the AdultSetup
Privacy Policy.
10. WARRANTY
DISCLAIMER
YOU AGREE THAT YOUR USE OF THE
AdultSetup WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, AdultSetup, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF.
AdultSetup MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT
OF ANY SITES LINKED TO THIS SITE 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
WEBSITE,
ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN,
ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR
WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY
THIRD PARTY, AND/OR
ANY ERRORS
OR OMISSIONSIN 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
AdultSetup WEBSITE. AdultSetup DOES NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
AdultSetup WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED
IN ANY BANNER OR OTHER ADVERTISING, AND AdultSetup 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. THE FOREGOING LIMITATION OF LIABILITY SHALL
APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE
APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT
AdultSetup 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.
11. LIMITATION
OF LIABILITY
IN NO EVENT SHALL AdultSetup, 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
WEBSITE,
ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN,
ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR
WEBSITE,
ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE
TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY,
AND/OR
ANY 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 AdultSetup WEBSITE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER
ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY
TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE
JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT AdultSetup
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.
12.
INDEMNITY
You agree to defend, indemnify and
hold harmless AdultSetup, its parent corporation, officers,
directors, employees and agents, from and against any and all
claims, damages, obligations, losses, liabilities, costs or
debt, and expenses (including but not limited to attorney's
fees) arising from:
your use of
and access to the AdultSetup Website;
your
violation of any term of these Terms of Service;
your
violation of any third party right, including without
limitation any copyright, property, or privacy right;
or
Any claim
that one of your User Submissions caused damage to a third
party. This defense and indemnification obligation will
survive these Terms of Service and your use of the
AdultSetup Website.
You affirm that
you are either more than 18 years of age or an emancipated
minor, or possess legal parental or guardian consent, and are
fully able and competent to enter into the terms, conditions,
obligations, affirmations, representations, and warranties set
forth in these Terms of Service, and to abide by and comply
with these Terms and Conditions contained herein.
13.
ASSIGNMENT
The Terms and Conditions contained
herein and any rights and licenses granted hereunder, may not
be transferred or assigned by you, but may be assigned by
AdultSetup without restriction.
If any term,
clause or provision of the agreement is held invalid or
unenforceable by a court of competent jurisdiction, such
invalidity shall not affect the validity or operation of any
term, clause or provision and such invalid term, clause or
provision shall be deemed to be severed from this
Agreement.
14.
JURISDICTION
This Agreement shall be governed
by and construed in accordance with the laws of the Province of
USA, without regard to conflicts of law principles. The sole
and exclusive jurisdiction and venue for any action or
proceeding arising out of or related to this Agreement shall be
in an appropriate state or federal court located in the
Province of Quebec, Canada. You hereby submit to the
jurisdiction and venue of said Courts. You consent to service
of process in any legal proceeding.
15.
BILLING
All billing
will be billed and due to provider upon ordering.
All chargebacks will result in a $50 charge to your credit card
billed to the service provider.
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